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HomeMy WebLinkAbout2022-10-05 Town Board Minutes OCTOBER 5, 2022 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Gutchess Lumber Sports Complex & Park, 3111 Byrne Hollow Crossing, 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; Assistant to the Supervisor, Amanda Rainbow; Deputy Chief, Mike Biviano of the Cortlandville Fire Department; Town residents: Larry and Teresa Biviano; Barbara Leach; News Reporters: Jack & Mike Eves from WXHC; and Eddie Velasquez from the Cortland Voice. Prior to the opening of the meeting, a dedication ceremony was held to honor the memory of Jim Yaman and the donation received from the Yaman Foundation for the Gutchess Lumber Sports Complex & Park. Supervisor Williams acknowledged Mr. Yaman’s sons, David and Paul Yaman, who were in attendance to see the unveiling of the plaque installed in front of the playground which read, “In loving memory of Jim Yaman. A caring member of our community. Donation made by the Yaman Foundation.” Supervisor Williams spoke highly of Mr. Yaman and his many contributions to the community. Those in attendance applauded the Yaman family and thanked the Foundation for their generosity. Supervisor Williams called the Regular Meeting to order at 5:08 p.m. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the Cortlandville Planning Board Minutes of August 30, 2022. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to approve the Draft Town Board Minutes of September 7, 2021 and the Draft Town Board Minutes of September 21, 2022. All voting aye, the motion was carried. RESOLUTION #268 AUTHORIZE PAYMENT OF VOUCHERS – OCTOBER Motion by Councilman Donlick Seconded by Councilman Leach 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 #1313-1366 HG, SF, SS, SW General Fund A $ 46,036.28 General Fund B $ 2,546.85 Highway Fund DA $ 0.00 Highway Fund DB $ 16,500.62 Gutchess Lumber SC Project HG $ 3,487.50 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 1,551.15 Water Fund SW $ 4,583.35 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 acknowledged that there were no requests for privilege of the floor. OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 2 RESOLUTION #269 ACCEPT THE GASB STATEMENT NO. 75 ANNUAL REPORT Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the GASB Statement No. 75 Annual Report, Other Post-Employment Benefits, dated January 1, 2022 for the reporting date December 31, 2022 as prepared by Armory Associates, LLC Actuarial Consulting Group, 250 South Clinton Street, Suite 502, Syracuse, NY 13202, is hereby accepted and shall be received and filed. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the following monthly reports: 1. Code Enforcement Officer, Kevin McMahon – September 2022; 2. Water & Sewer Department – September 2022; and 3. Town Clerk – September 2022. All voting aye, the motion was carried. Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file correspondence from Charter Communications, dated September 23, 2022 and two dated September 30, 2022 regarding programming services. All voting aye, the motion was carried. RESOLUTION #270 ACKNOWLEDGE RECEIVING 2023 TENTATIVE BUDGET Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge that the Town Clerk received the 2023 Tentative Budget on September 29, 2022 and has presented it to the Town Board members, in accordance with Town Law. Attorney DelVecchio reported: Aquifer Protection Permit Application Submitted by Regan Development: Attorney DelVecchio apprised the Board they were in receipt of a formal application from Regan Development for a 4-story mixed use building, containing multi-family units (68) and commercial/retail space (6,278 sf) on the first floor. He explained that there is a rule in the Town Code that requires residential dwellings of 4 units or more to have 2 means of emergency access. With regard to the application of Regan Development and the configuration of the property, it will be hard for the developers to configure the project to make that happen. Attorney DelVecchio stated that the Town Code Enforcement office and the Cortlandville Fire Department (CVFD) had discussions to address this issue in general; not solely for the benefit of Regan Development. He explained that one reason the Code was written as it was, was due to the technology available to the fire department at the time. However, technology has changed and improvements have been made. A suggestion was made to allow for one road, and Attorney DelVecchio drafted a proposed local law to address the issue in the Town Code. However, in his research he learned that the State Fire Code requires two emergency access road for egress for buildings over 30 feet in height. If the Town amended its code to remove the requirement for 2 access roads it would not preempt the State Fire Code and therefore would have no impact on the proposed 4-story Regan Development project. Attorney DelVecchio asked the Board to discuss the matter before he put any further work into drafting a local law amendment, reiterating that if the Board moves forward with changing the Code it would only benefit properties less than 30 ft. in height. He also explained that applicants could seek a use variance from the Town ZBA to accomplish the same thing. Councilman Guido asked if the Town needed permission to change the law. Attorney DelVecchio explained that the Town does not need permission to change the local law [after OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 3 completing the required process], however the Code cannot supersede State Fire Code. If the State Fire Code says you must have two access roads for buildings 30 ft. high, then there must be two access roads. Councilman Guido requested input from CVFD. Mike Biviano, Deputy Chief of CVFD explained the reasons behind the State Fire Code, giving the example of the dual access for apartment complexes such as the Village Terrace Apartments. He explained that technology has changed and the way that fires are fought has changed. Deputy Chief Biviano informed the Board that the CVFD spoke at great lengths with representatives from Regan Development and the Town Code Enforcement Office and would support a split highway similar to the Walden Oaks residential development. Supervisor Williams stated there is a problem with the way the State Fire Code is written in terms of the distance between two points of access. He talked with Attorney DelVecchio and Kevin Whitney from the CVFD regarding the matter and suggested the Board do nothing at this point and instead let Regan Development’s architects, engineers and attorneys see if they can alter the plan. Attorney DelVecchio stated he would reiterate that the CVFD is in support of the project but that there are some rules and logistics the Town cannot change. The Town’s intent is to make sure the project is done legally. Complaint Concerning Roosters: Attorney DelVecchio apprised the Board that complaints have been made concerning roosters at a residential property in the Town of Cortlandville. Notices of violation have been sent by the Town. He was attempting to resolve the matter before it ends up in court. He explained there is a zoning provision in the R-1 district that allows for roosters, subject to site plan approval from the Town Planning Board. In this situation, the owner of the roosters does not have a permit. Attorney DelVecchio asked the owner to seek a permit from the Planning Board, however the owner was concerned with the permit application fee of $750. Attorney DelVecchio agreed with the need for application fees, however he suggested that the application fee for roosters may not be the same as a developer proposing a multi-million- dollar project. He asked whether the Town Board would consider lowering the permit fee for site plan applications with respect to any permitted uses in residential R-1 under Section 178-18(B)(1), which includes “farm uses, including but not limited to: forestry, dairy and beef cattle, sheep, pigs, horses, goats and fowl”. Discussion occurred amongst the Board. Councilman Donlick mentioned the NYS Right to Farm laws asked whether any of those laws contradict our Town codes. The Board discussed harboring domestic animals and dog licensing fees. Councilman Leach suggested the Board reduce the application fee for animals according to Section 178-18(B)(1) to $50.00, to which the Board agreed. RESOLUTION #271 AMEND TOWN FEE SCHEDULE TO REDUCE THE FEE TO $50.00 FOR ANY AND ALL SITE PLAN APPLICATIONS WITH RESPECT TO PERMITTED USES ACCORDING TO TOWN CODE SECTION 178-18(B)(1) SPECIFIC TO FARM USES 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 amend the Town Fee Schedule to reduce the fee to $50.00 for any and all site plan applications with respect to permitted uses according to Town Code Section 178-18(B)(1) specific to farm uses, including but not limited to: forestry, dairy and beef cattle, sheep, pigs, horses, goats and fowl. Sponsorship for GLSC: Attorney DelVecchio apprised the Board he was working with Base Sports Group to broker a deal between the Town and Guthrie Medical Center regarding sponsorship for the Gutchess Lumber Sports Complex. The matter would be discussed at a later date. Proposed Local Law – Private Fire Hydrant Law in the Town of Cortlandville: Attorney DelVecchio apprised the Board he drafted a proposed local law titled, “Private Fire Hydrant Law in the Town of Cortlandville”. The purposed of the law was to facilitate the OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 4 inspection of privately owned fire hydrants in the Town of Cortlandville. He explained that all Town-owned hydrants are inspected on an annual basis by the Town Water/Sewer Department. Hydrants located on private property are not required to be inspected. Deputy Chief, Mike Biviano explained that CVFD is concerned with privately owned hydrants and want to make sure they are maintained and working when needed. He recalled there was a recent fire at the Destiny Mall in Syracuse, New York. The fire department tried to use the private hydrants to fight the fire and the hydrants did not work. Attorney DelVecchio explained that the intent of the local law was to put an obligation on the private landowner for the hydrant to be inspected annually. The local law would give the Town the authority to make sure the inspection occurs. One of the issues that arose when drafting the law was whether a private company or the Town would conduct the inspection and whether a fee would be involved. Attorney DelVecchio stated that he left it open -ended in the draft expecting the Board to have discussion. His concern was that if the Town leaves the inspection up to the property owner, the inspection may not get done. The Town would then have to enforce the matter and could potentially end up in court. Attorney DelVecchio suggested the Town conduct the inspections of the private hydrants (approximately 40 privately owned). Attorney DelVecchio mentioned that he provided the draft local law to CVFD Commissioner, Kevin Whitney for review. Mr. Whitney responded with his comments, which Attorney DelVecchio would incorporate into the law. He asked the Board to take no action on the draft that was provided to them, but to wait until they receive a revised draft. Councilman Cobb suggested the Town Water/Sewer Department conduct the inspections for consistency; the same test should be done on every hydrant. The Board also agreed there should be a charge to conduct the annual inspection, which Supervisor Williams thought would be less than what a private company would charge to conduct the test. Councilman Leach questioned whether there would be a provision in the local law regarding hydrants that fail the annual inspection and the amount of time they have to correct the problem. Deputy Chief Biviano suggested there be a 30-day or 60-day order to remedy the problem. Attorney DelVecchio stated he would talk to Mr. Whitney if he had any further questions while drafting the local law. Town Board Member reports: Councilman Guido apprised the Board that he has been attending the County’s Redistricting Committee meetings as the Town’s representative. He would report back to the Board with any pertinent information. Councilman Donlick informed the Board he spoke with Town residents regarding their concerns over the noise from the use of jake brakes on Route 222. He questioned whether there was a remedy to the problem. Highway Superintendent Drach mentioned that he has talked to the NYS DOT and to the County Highway Department regarding the concerns. Supervisor Williams added that the Town has little control over the matter but would do everything it could for its residents. Town Clerk Rocco-Petrella recalled that the Town made a request to the NYS DOT in 2020 for the installation of signage on Route 222 for “no jake brakes” and was denied for safety reasons. Supervisor Williams reported: On a personal note, Supervisor Williams thanked his Assistant, Amanda Rainbow, Members of the Board, and staff at the Town for their efforts and concern over the past few weeks after his wife Jean was involved in a serious car accident. He stated that extra effort was put forth during his absence and asked for his appreciation to be on the record. Supervisor Williams congratulated Highway Department employee Robert Brown for obtaining his CDL License which would change his title from Laborer to Motor Equipment Operator. He noted the importance of the license which would permit him to plow snow this winter. Supervisor Williams asked the Board to adopt a resolution to authorize the increase in his hourly rate with the Board’s congratulations. OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 5 RESOLUTION #272 ACKNOWLEDGE TOWN HIGHWAY DEPARTMENT EMPLOYEE, ROBERT BROWN FOR OBTAINING HIS CDL LICENSE AND AUTHORIZE THE TITLE CHANGE AND WAGE INCREASE TO A MOTOR EQUIPMENT OPERATOR Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge Town Highway Department employee Robert Brown for obtaining his CDL License and authorizes the title change and wage increase from Laborer (Rate C - $20.62) to Motor Equipment Operator at the hourly rate of $22.02, effective October 3, 2022. Trail Access Agreement between the Town and C’Ville, LLC: Supervisor Williams apprised the Board that the Trail Access Agreement between the Town of Cortlandville and Byrne Dairy (C’Ville, LLC) was executed. The Town now has access from its trails at Gutchess Lumber Sports Complex (GLSC) to the Lime Hollow Nature Center trail system through adjoining properties. He explained that the Town Highway Department completed work on a portion of the trail this past year and could continue their work. The Homer High School and Cortland High School cross country teams would use the trail as their home course for cross country races. TC3 may use the trails as well. Supervisor Williams stated that the trail is another example of how GLSC is much more than a baseball complex; “it is community involvement”, and pointed out the playground, bocce court, horseshoe pits. He thanks Highway Superintendent Drach and his crew in advance for their work on the trail. Food Trailer Inspections: Supervisor Williams mentioned that there was an explosion on a new food trailer last weekend at the Cortland Pumpkinfest. He was in contact with CVFD Commissioner, Kevin Whitney and intends to draft regulations for the inspection of food trailers/trucks in the Town of Cortlandville. RESOLUTION #273 AUTHORIZE SUPERVISOR TO SIGN THE NEW YORK STATE EMPIRE STATE DEVELOPMENT (ESD) M/WBE AND SDVOB PARTICIPATION / EQUAL EMPLOYMENT OPPORTUNITY POLICY AND STATEMENT AND PAYMENT REPORT REGARDING THE TOWN’S GRANT FROM ESD FOR THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 (ESD PROJECT NO. 133,379) Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the New York State Empire State Development (ESD), Office of Contractor and Supplier Diversity, M/WBE and SDVOB Participation / Equal Employment Opportunity Policy and Statement and Payment Report, dated October 4, 2022, pertaining to the Town’s ESD Grant for Gutchess Lumber Sports Complex Phase 2, (ESD Grant Project No. 133,379). RESOLUTION #274 AUTHORIZE REFUND OF BUILDING PERMIT FEE PAID BY CHERYL BARBER DUE TO THE CANCELLATION OF HER POOL PROJECT Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 6 WHEREAS, the Town Board received a request from Cheryl Barber for a refund of the $76.00 building permit fee (permit #22-073) paid for an above ground pool for her property located at 3433 Page Green Road in the Town of Cortlandville, tax map #96.00-01-22.000, due to the cancellation of the project as a result of unforeseen costs, therefore BE IT RESOLVED, the Town Board hereby authorizes a full refund of $76.00 to Cheryl Barber for payment of a building permit (#22-073) for a project that was cancelled due to unforeseen costs, and it is further RESOLVED, correspondence from Kevin McMahon, Town Code Enforcement Officer, dated September 22, 2022 is hereby received and filed. RESOLUTION #275 AMEND TOWN BOARD RESOLUTION #355 OF 2021, “AMEND TOWN BOARD RESOLUTION #344 OF 2021 – ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR 2022” TO ELIMINATE THE TOWN BOARD MEETING SCHEDULED FOR NOVEMBER 2, 2022 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby amend Town Board Resolution #355 of 2021, “Amend Town Board Resolution #344 of 2021 – Establish Schedule of Town Board Meetings for the Year 2022”, adopted December 29, 2021, to eliminate the Town Board Meeting scheduled for November 2, 2022, and it is further RESOLVED, the first Town Board Meeting to be held in November shall be on Wednesday, November 9, 2022 at 5:00 p.m. RESOLUTION #276 AUTHORIZE CHANGE ORDER NO. 2 SUBMITTED BY CHA CONSULTING, INC. FOR THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 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 execute Change Order No. 2 submitted by CHA Consulting, Inc., dated September 20, 2022, for the Gutchess Lumber Sports Complex Phase 2, to adjust the size of the dugout pads to correspond to the Town built dugouts, at the Town’s request, at a cost yet to be determined. There was discussion regarding correspondence from the New York State Department of Public Service regarding proposed changes to annual electric and natural gas delivery rates and practices, to be effective May 1, 2023. New York State Electric & Gas Corporation (NYSEG) proposed to increase electric delivery revenue by approximately 31% and Rochester Gas and Electric Corporation (RG&E) proposed to increase electric delivery revenue by approximately 19%. The next virtual public hearings would be conducted on Tuesday, October 18, 2022 at 1:00 p.m. & 5:00 p.m. Councilman Leach stated that his concern was that the notice specifically mentions the delivery charge, not the cost of the gas. He stated that the increase may be hard on homeowners and businesses alike. Further discussion occurred, with Supervisor Williams suggesting that a letter be written to the Public Service Commission concerning the increases. OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 7 RESOLUTION #277 AUTHORIZE SUPERVISOR TO WRITE A LETTER TO THE NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE CONCERNING THE PROPOSED RATE AND DELIVERY INCREASES FOR NEW YORK STATE ELECTRIC & GAS CORPORATION (NYSEG) 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 write a letter to the New York State Department of Public Service concerning the proposed rate and delivery increases for New York State Electric & Gas Corporation (NYSEG), to be effective May 1, 2023, and it is further RESOLVED, the notice from the New York State Department of Public Service, dated August, 2022, is hereby received and filed. There was discussion regarding correspondence from Town Code Enforcement Officer, Kevin McMahon requesting the Board waive the inspection and permitting fees associated with the local OCM BOCES student-built modular homes during the construction phase. Supervisor Williams explained that students, under the direction of OCM BOCES, build one to two modular homes per year. In the past, the Town has not inspected the structures prior to them leavin g the site. CEO McMahon spoke with the administrators at BOCES regarding the matter and was asked if he would conduct inspections in different phases and help teach students why the inspections were needed. As a proud graduate of the BOCES program, CEO McMahon expressed his desire to help the program. Supervisor Williams voiced his support and asked for a motion to waive the inspection and permitting fees (approximately $140.00) associated with the local OCM BOCES student-built modular homes during the construction phase. RESOLUTION #278 WAIVE BUILDING PERMIT AND INSPECTION FEES FOR MODULAR HOMES CONSTRUCTED BY STUDENTS AT OCM BOCES Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, Town Code Enforcement Officer, Kevin McMahon submitted a request to the Town Board to waive the building permit and inspection fees for modular homes constructed by students at OCM BOCES, and WHEREAS, during his research CEO McMahon discovered that inspections of the student-built modular homes were lacking until such point as the modular homes are auctioned, at which point the balance of code inspections and all permit fees come from the buyer’s local municipality when they apply for a building permit, therefore BE IT RESOLVED, in the interest of supporting trades and education, the Town Board does hereby waive the fees associated with the building permit application and inspection for modular homes constructed by students at OCM BOCES in the Town of Cortlandville. RESOLUTION #279 APPROVE EXTRA WORK AUTHORIZATION SUBMITTED BY CHA CONSULTING FOR THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 4 – PARKING LOT Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 8 BE IT RESOLVED, the Town Board does hereby approve the Extra Work Authorization submitted by CHA Consulting (proposal X78722.000), dated September 21, 2022, for the Gutchess Lumber Sports Complex Phase 4 – Parking Lot, for the total cost of $79,375.00. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Fire District’s Proposed Budget for 2023 as filed with the Town Clerk on September 27, 2022. All voting aye, the motion was carried. RESOLUTION #280 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY REGAN DEVELOPMENT FOR PROPERTY OWNED BY JOSEPH AND DANTE ARMIDEO LOCATED AT 978 NYS ROUTE 13 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Regan Development for the construction of a 4-story mixed-use building containing 68 multi-family units and 6,278 square feet of commercial/retail space on the first floor, with a total square footage of 86,544 as well as surface parking lots, for property owned by Joseph and Dante Armideo located at 978 NYS Route 13, tax map #96.13-01-02.110, 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. Attorney DelVecchio asked the Board to consider another motion. He explained that the Regan Development project was in front of the Town Planning Board. Customarily, the Town Board acts as lead agency when other boards are involved in applications for a project. However, in this case the Town Planning Board requested to be lead agency on the project, with assistance from the engineering firm, Barton & Loguidice. Due to the complexity of the project, he recommended the Town Board consent to the Planning Board acting as the lead agency. RESOLUTION #281 CONSENT TO THE TOWN PLANNING BOARD ACTING AS LEAD AGENCY FOR SEQRA PURPOSES CONCERNING THE APPLICATIONS SUBMITTED BY REGAN DEVELOPMENT FOR PROPERTY OWNED BY JOSEPH AND DANTE ARMIDEO LOCATED AT 978 NYS ROUTE 13 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 consent to the Town Planning Board acting as Lead Agency for SEQRA purposes concerning applications submitted by Regan Development for a proposed mixed use commercial and multi-family project, for property owned by Joseph and Dante Armideo, located at 978 NYS Route 13 in the Town of Cortlandville, tax map #96.13-01- 02.110. RESOLUTION #282 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY ESSEX STEEL CO., INC. FOR PROPERTY OWNED BY ROUTE 13, INC. LOCATED AT 607 NYS ROUTE 13 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 9 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Essex Steel Co., Inc. for the construction of a new cold storage pre-engineered metal building to house the operations of Essex Structural Steel Corporation, Inc. with a functional space of approximately 6,480 square feet, for property owned by Route 13, Inc. located at 607 NYS Route 13, tax map #105.00-03- 12.000, 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. There was a brief discussion regarding the proposal submitted by Keystone Associates to provide an updated survey for the Town’s property surrounding the Lime Hollow Well that was purchased from Farm East, LLC (Gutchess Lumber) to protect the Town’s water supply. The Town was awarded a Water Quality Improvement Project (WQIP) Grant to purchase the property. One of the requirements of the grant was to submit a survey according to the State’s specifications. Attorney DelVecchio explained that he reached out to Keystone Associates as they provided the original survey. It was his understanding that the cost of the survey would be reimbursed by the grant. RESOLUTION #283 AUTHORIZE TOWN ATTORNEY TO SIGN PROPOSAL FROM KEYSTONE ASSOCIATES TO PROVIDE PROFESSIONAL SURVEYING SERVICES FOR TOWN PROPERTY LOCATED OFF LIME HOLLOW ROAD AND ROUTE 13 FOR THE TOWN’S WATER QUALITY IMPROVEMENT PROJECT GRANT (WQIP - REF: 3066.23819) 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 Town Attorney to sign the proposal from Keystone Associates dated September 22, 2022 to provide professional boundary survey services for Town property located off Lime Hollow Road (tax map #95.00-06- 02.200; and 95.00-06-04.120) and Route 13 (tax map #105.00-03-01.000) in connection with the Town’s Water Quality Improvement Project Grant (WQIP – Ref: 3066.23819), for the total cost not to exceed $4,000. RESOLUTION #284 DECLARE 5,000 TO 6,000 YARDS OF UNSCREENED TOPSOIL FROM PHASE 1 AND PHASE 2 OF THE GUTCHESS LUMBER SPORTS COMPLEX & PARK AS SURPLUS MATERIAL AND AUTHORIZES THE SALE AND REMOVAL OF THE TOPSOIL Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, due to the construction of Phase 1 and Phase 2 of the Gutchess Lumber Sports Complex & Park there is an excess of 5,000 to 6,000 yards of unscreened topsoil that is not needed by the Town of Cortlandville and must be moved to continue the build-out of the Park, therefore BE IT RESOLVED, the Town Board does hereby declare 5,000 to 6,000 yards of unscreened topsoil as surplus material and authorizes the sale and removal of the topsoil from the Gutchess Lumber Sports Complex & Park located at 3111 Byrne Hollow Crossing, Cortland, New York. OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 10 No action was taken with regard to agenda item I-17, to “receive, file and discuss proposed Local Law, Private Fire Hydrants in the Town of Cortlandville” at the request of Attorney DelVecchio and conversation that occurred earlier in the meeting. RESOLUTION #285 RESCIND TOWN BOARD RESOLUTION #260 OF 2022, “APPROVE MODIFICATION OF INCOME ELIGIBILITY FOR SENIOR CITIZENS TAX EXEMPTION REQUIREMENTS FOR 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 rescind Town Board Resolution #260 of 2022, “Approve Modification of Income Eligibility for Senior Citizens Tax Exemption Requirements for the Town of Cortlandville”. RESOLUTION #286 SCHEDULE PUBLIC HEARING REGARDING THE MODIFICATION OF THE REAL PROPERTY EXEMPTION FROM TAXATION FOR PERSONS OVER THE AGE OF 65 YEARS IN 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, a Public Hearing shall be scheduled for October 19, 2022 at 5:00 p.m. at the Peter Alteri Jr. Municipal Garage located at 3587 Terrace Road, Cortland, New York, regarding the modification (income eligibility) of the Real Property Exemption from Taxation for Persons over the age of 65 years in the Town of Cortlandville. RESOLUTION #286-A SCHEDULE SPECIAL TOWN BOARD MEETING (BUDGET WORKSHOP) FOR OCTOBER 18, 2022 AT 4:00 P.M. 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 schedule a Special Town Board Meeting (Budget Workshop) for Tuesday, October 18, 2022 at 4:00 p.m. to be held at the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York, for the purpose of discussing the 2023 Tentative Budget of the Town of Cortlandville. With no further comments or discussion to be heard, Supervisor Williams requested the Board convene to an Executive Session to discuss contracts and personnel. He anticipated that action would be taken after Executive Session. Councilman Leach made a motion, seconded by Councilman Guido to recess the Regular Meeting to an Executive Session to discuss contracts. All voting aye, the motion was carried. No action was taken. The meeting was recessed at 6:11 p.m. OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 11 Councilman Cobb made a motion, seconded by Councilman Donlick, 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. No further comments or discussion were heard. Supervisor Williams adjourned the Regular Meeting at 6:31 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 October 17, 2022. The final version of this meeting was approved as written at the Town Board meeting of October 19, 2022.