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HomeMy WebLinkAboutB - 01 Town Board Minutes 02/01/2023 FEBRUARY 1, 2023 5:05 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2023 A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 178-76 ZONING CONDITIONAL PERMIT ADDITIONAL SPECIFIC REQUIREMENTS A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York with Supervisor Williams presiding, concerning a proposed Local Law of 2023, “A Local Law Amending Chapter 178-76 Zoning Conditional Permit Additional Specific Requirements”, to update the Town of Cortlandville’s zoning code conditional permit requirements in conformity with Appendix D Fire Apparatus Access Roads. 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; Town Historian, Nick Alteri; Cortlandville Fire Department Members: Andrew Adsit; Jonathan Alteri; Paul Alteri; Larry Biviano; Ben Bowers; Jeffrey Breed; James Cornell; Alexander Frisbie; Deanna Grantham; Jack Harvey; Gerald Henry; Eve Mascoli- Bochino; Chelsea O’Donnell; Michael O’Donnell; Raymond Shattuck; Brandon Stelick; Helmut Thielemann Jr.; Kevin Whitney. Others joining via Zoom video/telephone conference: None. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to those in attendance. No requests were made. No further comments or discussions were heard. The Public Hearing was closed at 5:06 p.m. FEBRUARY 1, 2023 5:07 P.M. PUBLIC HEARING NO. 2 LOCAL LAW OF 2023 A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 86 FIRE PREVENTION AND BUILDING CODE ADMINISTRATION A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York with Supervisor Williams presiding, concerning a proposed Local Law of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 86 Fire Prevention and Building Code Administration”, to update the Town of Cortlandville’s Fire Prevention and Building Code Administration and Enforcement to be in compliance with 19 NYCRR Part 1203. 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; Town Historian, Nick Alteri; Cortlandville Fire Department Members: Andrew Adsit; Jonathan Alteri; Paul Alteri; Larry Biviano; Ben Bowers; Jeffrey Breed; James Cornell; Alexander Frisbie; Deanna Grantham; Jack Harvey; Gerald Henry; Eve Mascoli- Bochino; Chelsea O’Donnell; Michael O’Donnell; Raymond Shattuck; Brandon Stelick; Helmut Thielemann Jr.; Kevin Whitney. Others joining via Zoom video/telephone conference: None. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to those in attendance. No requests were made. No further comments or discussions were heard. The Public Hearing was closed at 5:07 p.m. FEBRUARY 1, 2023 5:07 P.M. PUBLIC HEARING NO. 3 LOCAL LAW OF 2023 A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 1 GENERAL PROVISIONS §1-7 AMENDMENTS TO CODE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York with Supervisor Williams presiding, concerning a proposed Local Law of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 1 General Provisions §1-7 Amendments to Code”, to formalize the procedure to change fees in General Legislation for the Town of Cortlandville that require fees. 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; Town Historian, Nick Alteri; Cortlandville Fire Department Members: Andrew Adsit; Jonathan Alteri; Paul Alteri; Larry Biviano; Ben Bowers; Jeffrey Breed; James Cornell; Alexander Frisbie; Deanna Grantham; Jack Harvey; Gerald Henry; Eve Mascoli- Bochino; Chelsea O’Donnell; Michael O’Donnell; Raymond Shattuck; Brandon Stelick; Helmut Thielemann Jr.; Kevin Whitney. Others joining via Zoom video/telephone conference: None. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to those in attendance. No requests were made. No further comments or discussions were heard. The Public Hearing was closed at 5:08 p.m. FEBRUARY 1, 2023 5:08 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 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; Town Historian, Nick Alteri; Cortlandville Fire Department Members: Andrew Adsit; Jonathan Alteri; Paul Alteri; Larry Biviano; Ben Bowers; Jeffrey Breed; James Cornell; Alexander Frisbie; Deanna Grantham; Jack Harvey; Gerald Henry; Eve Mascoli - Bochino; Chelsea O’Donnell; Michael O’Donnell; Raymond Shattuck; Brandon Stelick; Helmut Thielemann Jr.; Kevin Whitney. Others joining via Zoom video/telephone conference: None. Supervisor Williams called the Regular Meeting to order. He mentioned that this was the first meeting to be held at the Raymond G. Thorpe Municipal Building since March 2020, prior to the COVID-19 pandemic. The Board conducted meetings at the Peter Alteri Municipal Garage and virtually for the past two three years. Supervisor Williams acknowledged the Members of the Cortlandville Fire Department who were in attendance this evening. He recognized the Members for their outstanding service and heroic efforts in fighting a recent fire at the Cortland Chrysler Dodge Jeep dealership on the early morning of January 20, 2023. The CVFD was able to get the fire under control within an hour. Supervisor Williams recalled his time as a NYS Trooper, stating we always knew the CVFD would provide a quick response and good response to the scene of an incident. Supervisor Williams presented the Fire Chief with a Certificate of Recognition on behalf of the Town of Cortlandville exclaiming, “Bravo!”. RESOLUTION #63 RESOLUTION IN RECOGNITION OF THE CORTLANDVILLE FIRE DEPARTMENT FOR THEIR OUTSTANDING SERVICE AND HEROIC EFFORTS IN KEEPING THE TOWN OF CORTLANDVILLE SAFE Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby recognizes the Cortlandville Fire Department for their outstanding service, that at times goes unrecognized, and commends them for their heroic efforts in keeping the Town safe after being dispatched to a substantial fire at a local auto dealership on the early morning of Friday, January 20, 2023, which they were able to get under control within an hour. Councilman Guido made a motion, seconded by Councilman Cobb, to approve the Draft Town Board Minutes of January 4, 2023 and January 18, 2023. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the Cortlandville Parks and Recreation Commission Minutes of December 13, 2022. All voting aye, the motion was carried. FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 2 RESOLUTION #64 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0213 TO THE PERFECT MOUND FOR THE PURCHASE OF FOUR (4) 6’ BATTING CIRCLES (RUST COLOR) FOR THE GUTCHESS LUMBER SPORTS COMPLEX – PHASE 2, IN AN AMOUNT NOT TO EXCEED $2,000.00 Motion by Councilman Cobb 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 Purchase Order #0213, as submitted by Recreation Director McNerney, to be paid to The Perfect Mound for the purchase of four (4) 6’ batting circles (rust color) for the Gutchess Lumber Sports Complex – Phase 2, in an amount not to exceed $2,000.00. RESOLUTION #65 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1477 TO ROYAL MOTOR COMPANY FOR THE PURCHASE OF TWO (2) 2023 CHEVROLET 2500 HD SILVERADO 4WD STANDARD BOX CREW CABS FOR THE TOWN WATER & SEWER DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $105,590.00 Motion by Councilman Cobb 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 Purchase Order #1477, as submitted by Highway Superintendent Drach, to be paid to Royal Motor Company for the purchase of two (2) 2023 Chevrolet 2500 HD Sil verado 4WD Standard Box Crew Cabs for the Town Water & Sewer Department, in an amount not to exceed $105,590.00. RESOLUTION #66 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1478 TO ROYAL MOTOR COMPANY FOR THE PURCHASE OF TWO (2) 2023 CHEVROLET 2500 HD SILVERADO 4WD STANDARD BOX CREW CABS FOR THE TOWN HIGHWAY DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $105,590.00 Motion by Councilman Cobb 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 Purchase Order #1478, as submitted by Highway Superintendent Drach, to be paid to Royal Motor Company for the purchase of two (2) 2023 Chevrolet 2500 HD Silverado 4WD Standard Box Crew Cabs for the Town Highway Department, in an amount not to exceed $105,590.00. Supervisor Williams had an additional purchase order to add to the agenda. He explained that the Town was in need of repairing a compressor at the Raymond G. Thorpe Municipal Building. He requested the Board authorize the expenditure of up to $9,621.00 for the compressor and labor and materials, however he hoped the cost would be less. He explained there was a discrepancy regarding the warranty that he would discuss with Modular Mechanical. The compressor that needed to be replaced was installed in February 2022. FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 3 RESOLUTION #67 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0181 TO MODULAR MECHANICAL FOR THE LABOR AND MATERIALS TO NECESSARY TO REPLACE A COMPRESSOR (MODEL: WW4203CSC) AT THE RAYMOND G. THORPE MUNICIPAL BUILDING, IN AN AMOUNT NOT TO EXCEED $9,261.00 Motion by Councilman Cobb 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 Purchase Order #0181, as submitted by Water & Sewer Superintendent Congdon, to be paid to Modular Mechanical for the labor and materials necessary to replace a Compressor (Model: WW4203CSC; Serial: PA101017) at the Raymond G. Thorpe Municipal Building, in an amount not to exceed $9,261.00. RESOLUTION #68 AUTHORIZE PAYMENT OF VOUCHERS – YEAR END 2022 (ABSTRACT #28) Motion by Councilman Guido 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 #1889-1894 HG, SF, SS, SW General Fund A $ 2,724.00 General Fund B $ 117.53 Highway Fund DA $ 0.00 Highway Fund DB $ 0.00 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 0.00 Water Fund SW $ 0.00 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 RESOLUTION #69 AUTHORIZE PAYMENT OF VOUCHERS – FEBRUARY Motion by Councilman Guido 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 #13-67 HG, SF, SS, SW General Fund A $ 302,247.81 General Fund B $ 67,110.00 Highway Fund DA $ 0.00 Highway Fund DB $ 5,707.13 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 410.00 Water Fund SW $ 5,424.49 FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 4 Funds CD1, CD3, CD4 Voucher #1-6 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 46,871.56 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. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the monthly report of the Town Supervisor for the month of December 2022. All voting aye, the motion was carried. There was a brief discussion regarding the adoption of the three proposed local laws of 2023. Attorney DelVecchio informed the Board that the Town and County Planning Boards had not issued comments or recommendations with regard to the proposed local law to amend Chapter 178-76 Zoning Conditional Permit Specific Requirements. As such, he suggested the Board table action on that proposed local law. The other two proposed local laws could be acted on tonight. RESOLUTION #70 TABLE ACTION ON PROPOSED LOCAL LAW OF 2023, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 178-76 ZONING CONDITIONAL PERMIT ADDITIONAL SPECIFIC REQUIREMENTS” Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby table action on the proposed Local Law of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 178-76 Zoning Conditional Permit Additional Specific Requirements”, until after the Town and County Planning Board’s have met and issued comments and recommendations. RESOLUTION #71 ADOPT LOCAL LAW NO. 1 OF 2023, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 86 FIRE PREVENTION AND BUILDING CODE ADMINISTRATION” Motion by Councilman Donlick Seconded by Councilman Guido 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 Amending the Town of Cortlandville’s Chapter 86 Fire Prevention and Building Code Administration”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 5 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. 1 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 86 Fire Prevention and Building Code Administration”, 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 Amending the Town of Cortlandville’s Chapter 86 Fire Prevention and Building Code Administration.” 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. The purpose of this local law is to update the Town of Cortlandville’s Fire Prevention and Building Code Administration and Enforcement to be in compliance with 19 NYCRR Part 1203. SECTION 4. CHAPTER 86-18. The stricter requirements contained herein and in 19 NYCRR Part 1203 shall govern. SECTION 5. 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 6. 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. RESOLUTION #72 ADOPT LOCAL LAW NO. 2 OF 2023, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 1 GENERAL PROVISIONS §1-7 AMENDMENTS TO CODE” Motion by Councilman Donlick Seconded by Councilman Guido VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 6 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 Amending the Town of Cortlandville’s Chapter 1 General Provisions §1-7 Amendments to Code”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, 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. 2 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 1 General Provisions §1-7 Amendments to Code”, 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 Amending the Town of Cortlandville’s Chapter 1 General Provisions § 1-7 Amendments to Code” to amend Zoning Code § 1-7. 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. The purpose of this law is to formalize the procedure to change fees in General Legislation for the Town of Cortlandville that require fees. SECTION 4. AFFECTED GENERAL LEGISLATION CHAPTERS. § 59 Animals § 74 Circuses and Carnivals § 86 Fire Prevention and Building Code Administration and Enforcement § 115 Parks and Recreational Areas § 140 Subdivision of Land § 151 Trailers and Trailer Parks § 155 Transient Businesses § 171 Water and Sewers § 175 Wind Energy Facilities § 178 Zoning Vacant Property SECTION 5. AMENDING FEES BY TOWN BOARD RESOLUTION. § 1-7 Amendments to Code shall be amended to add “All fees adopted by the Town of Cortlandville Town Board may be amended by Town Board resolution, and be available on file at the Town of Cortlandville.” SECTION 6. SEVERABILITY. FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 7 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 7. 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 requested Board authorization to adjust the 4th Quarter 2022 Water/Sewer bill for the JM McDonald Sports Complex, Account #1389, including penalties. She explained there was an error with importing the meter read to the billing program, which caused an error with the consumption and the bill that was generated. The Board was provided with a letter from Water & Sewer Superintendent Congdon which explained the situation. No other accounts were affected, and the error has been corrected. RESOLUTION #73 AUTHORIZE TOWN CLERK TO ADJUST THE WATER AND SEWER CHARGE FOR THE 4TH QUARTER BILLING 2022 FOR THE JM MCDONALD SPORTS COMPLEX (ACCOUNT #1389) Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, a request was received from Water & Sewer Superintendent Congdon, dated January 26, 2023 to adjust the 4th Quarter 2022 water and sewer billing charges (Account #1389) for service to 4292 Fairground Drive, tax map #76.19-01-30.100-2, due to an error with the Town’s billing software that caused an inaccurate meter read, resulting in the account being overcharged, and WHEREAS, the inaccurate meter read reflecting 948,598 gallons of water used, equated to a water charge of $3,898.12 and a sewer charge of $5,306.53, and WHEREAS, the actual usage was 503,202 gallons of water, which equates to a water charge of $2,067.55 and a sewer charge of $2,812.33, and WHEREAS, Water & Sewer Superintendent Congdon recommends the Town adjust the water and sewer bill to reflect the proper consumption and amount due, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to adjust the water and sewer charge for the 4th Quarter Billing 2022 by reducing the water charge in the amount of $1,830.57, and reducing the sewer charge in the amount of $2,494.20, and it is further RESOLVED, the Town Clerk is further authorized to waive the penalties applied to the 4th Quarter bill and to make an adjustment to the water/sewer benefit tax to be charged in 2024 if necessary, and it is further RESOLVED, correspondence from Water & Sewer Superintendent Congdon, dated January 26, 2023, is hereby received and filed. Town Clerk Rocco-Petrella apprised the Board she was in receipt of correspondence from Town Historian, Nick Alteri to Supervisor Williams and the Board. Since Mr. Alteri was in attendance he presented the information to the Board himself. Town Historian, Nick Alteri informed the Board that Mr. Luke Kilner, a student from the SUNY Cortland History Department, would be working with him for the spring semester to help digitize the Historian Records. Mr. Kilner, a senior at SUNY Cortland, was in need of 120 credit hours to complete one of his final courses at the college. Mr. Kilner would be working at the Cortlandville Town Hall from January 31, 2023 through May 4, 2023 on Tuesdays and Thursdays FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 8 from 10:00 a.m. to 3:00 p.m. During his time, he would be analyzing, scanning, verifying, and filing various historic documents. He would also help Mr. Alteri with the beginning stages of planning for the Town of Cortlandville’s bicentennial. Mr. Alteri invited the Board to stop by to meet Mr. Kilner and to see what they are working on. He also invited the Board to reach out at any time with questions. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from Town Historian, Nick Alteri, dated January 30, 2023, informing the Board that Mr. Luke Kilner, a student from the SUNY Cortland History Department, would be working with him for the spring semester 2023 to help digitize the Historian Records. All voting aye, the motion was carried. Town Clerk/Collector Rocco-Petrella commended Town Historian Alteri for the work he was doing, noting the time he was spending and the excitement he had for the position. In other business, she reported that to date, over 73% of the total tax warrant has been collected with one escrow still being processed. She thanked her staff for their hard work during the month of January. She had no further business to report. Attorney DelVecchio reported: RT 13 Rocks LLC v. Town of Cortlandville et. al.: Attorney DelVecchio informed the Board that a decision was rendered by Judge Blaise, Supreme Court of the State of New York for Cortland County, regarding Rocks 13, LLC v. Town of Cortlandville concerning the enactment of a Local Law of 2022 for Wellhead Protection. Attorney DelVecchio explained that Judge Blaise ruled in favor of the Town in every aspect of the case. Attorney DelVecchio commended Supervisor Williams for his leadership and the action the Town took. He explained that the case could be appealed, and that the proposed application of RT 13 Rocks LLC [to modify its mining permit] was still pending with the NYS DEC. Supervisor Williams thanked Attorney DelVecchio and all those involved for their work on the matter. RESOLUTION #74 ACKNOWLEDGE RECEIPT OF JUDGMENT, DECISION & ORDER, DATED JANUARY 27, 2023, WITH REGARD TO RT 13 ROCKS LLC V. TOWN OF CORTLANDVILLE AND THE TOWN OF CORTLANDVILLE TOWN BOARD, AND THE TOWN OF CORTLANDVILLE PLANNING BOARD 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 acknowledge receipt of the Judgment, Decision & Order, dated January 27, 2023, with regard to RT 13 Rocks LLC v. Town of Cortlandville and the Town of Cortlandville Town Board, and the Town of Cortlandville Planning Board, in which the complaint/petition was dismissed. Town Board member reports: Councilman Guido apprised the Board he attended the last Cortland County Redistricting Committee meeting in which they decided that 15 legislators would serve Cortland County. The next step would be to come up with a viable map of where the legislators would serve. He stated there was a possibility that one of the City’s districts would extend into the Town of Cortlandville. Cortlandville may have a total of 5 legislators, some of whom would be shared with the City, Virgil and Homer. The proposal and map will go to the County Legislature to be voted on before being placed on the General Election ballot in November 2023. The plan for the districts would not be effective until four years later, just in time for the 2030 census to be done, which could result in the need to redistrict once again. FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 9 RESOLUTION #75 AUTHORIZE HIGHWAY SUPERINTENDENT TO HIRE NICHOLAS GORDON AS MOTOR EQUIPMENT OPERATOR (MEO) FOR THE TOWN HIGHWAY DEPARTMENT 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 authorize the Highway Superintendent to hire Nicholas Gordon of Address as a Motor Equipment Operator for the Town Highway Department effective January 23, 2023, and it is further RESOLVED, the Town Board hereby authorizes a wage of $23.12 per hour. RESOLUTION #76 AUTHORIZE SUPERVISOR TO SIGN THE CERTIFICATE OF COMPLETION REGARDING THE INSTALLATION OF THE ARTIFICIAL TURF FOR THE GUTCHESS LUMBER SPORTS COMPLEX – PHASE 2 BY FIELD TURF/CHENANGO CONTRACTING INC. 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 Certificate of Completion regarding the installation of the artificial turf at the Gutchess Lumber Sports Complex – Phase 2 by Field Turf/Chenango Contracting Inc., and it is further RESOLVED, the Artificial Turf–Punchlist from Field Turf/Chenango Contracting, Inc. dated December 6, 2022 and updated January 19, 2023 is hereby received and filed. RESOLUTION #77 AUTHORIZE FINAL PAYMENT TO FIELDTURF USA, INC. IN THE AMOUNT OF $120,613.74 FOR THE INSTALLATION OF THE ARTIFICIAL TURF AT THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 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 authorize the Final payment to FieldTurf USA, Inc. in the amount of $120,613.74 for the installation of the artificial turf at the Gutchess Lumber Sports Complex Phase 2, which reflects ten percent (10%) of the purchase price upon substantial completion of the field ($83,756.84) and Change Order #1 for rust infield 1 and 2 ($36,856.90) . Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file Cortland County Planning Department Review and Recommendations, dated January 6, 2023, and Cortland County Planning Board Resolution No. 23-02, dated January 18, 2023, regarding the Aquifer Protection Permit application submitted by Suit-Kote Corporation for property located at 3911 Route 11, tax map #87.00-03-16.122. All voting aye, the motion was carried. FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 10 RESOLUTION #78 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION FOR FEBRUARY 15, 2023 AT 5:00 PM Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for February 15, 2023 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application submitted by Suit-Kote Corporation to install two base asphalt tanks, for property described as 3911 Route 11 in the Town of Cortlandville, tax map #87.00-03-16.122. There was no action regarding agenda item I-10, to “receive and file Aquifer Protection Permit Application of Regan Mixed Use Development regarding the construction of a 4-story mixed use building containing multi-family units and commercial/retail space, located at 978 Route 13, tax map #96.13-01-02.110. Also forward to the Town & County Planning Boards for their review and recommendations.” The Aquifer Protection Permit application was received and filed and forwarded to the Town/County for review in 2022. Councilman Donlick made a motion, seconded by Councilman Guido, to receive and filed correspondence from Cortland County Real Property Tax Services, received January 25, 2023, concerning the new notification requirements regarding the senior citizen tax exemption (Real Property Tax Law §467, Subsection 4), which requires every municipal corporation to send a second notice to each person owning residential property 30 days prior to the filing deadline of March 1st. All voting aye, the motion was carried. RESOLUTION #79 AUTHORIZE TRANSFER OF FUNDS TO BALANCE ACCOUNTS FOR THE 2022 BUDGET Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust the accounts of the 2022 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A - TOWN WIDE: Transfer $54,617.15 FROM TO AMOUNT A1340.4 A1340.1 $ 304.84 A1355.2 A1355.1 $ 373.56 A1430.41 A1430.1 $ 807.62 A1430.41 A1430.4 $ 245.56 A1430.41 A1460.1 $ 0.08 A599 A5182.4 $ 25,541.25 A6410.4 A6989.41 $ 134.49 A7110.2 A7110.4 $ 7,670.75 A8030.4 A8090.4 $ 4,027.29 A480 A9060.8 $ 15,511.71 TOTAL: $ 54,617.15 2) GENERAL FUND B - PART TOWN: Transfer $1,053.12 FROM TO AMOUNT B4020.4 B4021.1 $ 105.89 B8010.2 B8010.4 $ 457.55 B8020.4 B8020.2 $ 124.50 B480 B9060.8 $ 365.18 TOTAL: $ 1,053.12 FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 11 3) HIGHWAY FUND – PART TOWN DB: $11,794.24 FROM TO AMOUNT DB5130.1 DB5110.1 $ 7,309.62 DB5130.1 DB5112.2 $ 4,484.62 TOTAL: $ 11,794.24 4) SS – SEWER FUND: Transfer $9,746.15 SS8110.4 SS8110.2 $ 100.00 SS8120.2 SS8120.4 $ 2,298.90 SS480 SS9710.7 $ 7,347.25 TOTAL: $ 9,746.15 5) SW – WATER FUND: Transfer $30,020.88 SW1990.4 SW1420.4 $ 5,415.00 SW8320.2 SW8310.1 $ 7,811.03 SW8320.2 SW8320.4 $ 9,139.05 SW9060.8 SW9030.8 $ 268.30 SW480 SW9710.7 $ 7,387.50 TOTAL: $ 30,020.88 6) JOURNAL ENTRIES AMOUNT Debit B1120 Increase Property Tax Revenue Budget $494,872.07 Credit B9901.9 Increase Interfund Expend. Budget Line $494,872.07 Debit B9901.9 To Transfer to HG $494,872.07 Credit B201 To Transfer to HG $494,872.07 Debit HG201 Transfer from GFB $494,872.07 Credit HG5031 Transfer from GFB $494,872.07 RESOLUTION #80 APPROVE THE UPDATED WATER AND SEWER ADMINISTRATIVE FEE SCHEUDLE FOR THE TOWN OF CORTLANDVILLE 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 approve the updated Water and Sewer Administrative Fee Schedule for the Town of Cortlandville, revised January 2023, as follows: Meter Package 3/4" service line: Price Angle meter Valve (3/4 service X 3/4" IPERL Meter $140.97 3/4" Meter Coupling $17.08 3/4" Ball Valve $59.80 3/4" IPERL Water Meter $175.34 510M Meter Transceiver Unit (MXU) W/ Touch pad $199.86 Total Package: $593.05 Meter Package 1" service line: Angle Meter Valve (1" service X 3/4" IPERL Meter $158.96 3/4" Meter Coupling $17.08 3/4" Ball Valve $59.80 3/4" IPERL Water Meter $175.34 510M Meter Transceiver Unit (MXU) W/ Touch Pad $199.86 Total Package: $611.04 Misc Meter Parts: 510M Meter Transceiver Unit (MXU) (For Non-Pit Installation) $199.86 520M Meter Transceiver Unit (MXU) (For Pit Installation $200.50 Touch Pad $25.30 3/4 Meter Coupling $17.08 1" Meter Coupling $26.30 Water Meters: 3/4" IPERL $175.34 1" IPERL $273.00 1 1/2 C-2 Compound Meter $1,535.42 All Other Sizes Call For Price Pressure Reducing Valves: 3/4" Pressure Reducing Valves $158.98 1" Pressure Reducing Valves $238.49 FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 2 Check Valves: 3/4" Meter Swivel Nut X 3/4" Male Thread $132.68 Meter Valves: 3/4" Angle ( 3/4" Service Line) $140.97 3/4" Straight ( 3/4" Service Line) $128.78 3/4" Angle ( 1" Service Line ) $158.96 3/4" Straight ( 1" Service Line ) $138.55 Ball Valves: 3/4" Full Port $59.80 1" Full Port $75.61 Water Service Line: K Copper: 3/4" $8.05 per/ft 1" $10.68 per/ft Municipex Plastic Tubing: 3/4" $2.90 per/ft 1" $4.35 per/ft 2" Call For Price Load Of Water: Up To 9,000 Gallons $50.00/ Load Administrative Fees: Residential Water Application $25.00ea Residential Sewer Application $25.00ea Commercial / Industrial Water Application $60.00ea Commercial/ Industrial Sewer Application $60.00ea Inspection Fee $25.00ea Water Turn Off/On Fee $25.00ea After Working Hours - 1hr Minimum $40.00ea Sprinkler Fees: Rate A 4" or less ($50.00 Per Quarter For Each Additional) $65.00 per/qtr Rate B 5" to 7" ($50.00 Per Quarter For Each Additional) $90.00 per/qtr Rate C 8" or more ($50.00 Per Quarter For Each Additional) $120.00 per/qtr Rev 1/2023 With no further comments or discussion to be heard, Supervisor Williams requested the Board convene to an Executive Session to discuss personnel and contracts. Attorney DelVecchio also requested an Attorney-Client Session. Councilman Leach made a motion, seconded by Councilman Guido to recess the Regular Meeting to an Executive Session to discuss personnel and contracts, as well as an Attorney-Client Session. All voting aye, the motion was carried. The meeting was recessed at 5:24 p.m. Councilman Leach made a motion, seconded by Councilman Guido, to adjourn the Executive Session/Attorney-Client Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session/Attorney-Client Session was adjourned at 6:58 p.m. RESOLUTION #81 AUTHORIZE SALARY INCREASE FOR THE TOWN HISTORIAN TO $10,000.00 FOR THE YEAR 2023 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 authorize the salary increase for the Town Historian, Nicholas Alteri to $10,000.00 for the year 2023. FEBRUARY 1, 2023 TOWN BOARD MEETING PAGE 2 With no further comments or discussion to be heard, Supervisor Williams adjourned the Regular Meeting. The meeting was adjourned at 7:00 p.m. Respectfully submitted, Kristin E. Rocco-Petrella, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on February 23, 2023. The final version of this meeting was approved as written at the Town Board meeting of .