Loading...
HomeMy WebLinkAbout2022-12-07 Town Board Minutes DECEMBER 7, 2022 5:04 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2022 A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S PRIVATE FIRE HYDRANT 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 Private Fire Hydrant law in the Town of Cortlandville, New York”. 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; Cortland County Legislators, Cathy Bischoff and Kelly Preston; Representatives from the Cortlandville Fire District: Courtney Metcalf, Gere Henry, and Seth Henry; Town residents: Robert Martin; Pamela Jenkins; News Reporter: Jacob Mack from the Cortland Standard. Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; and News Reporter, Eddie Velasquez 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 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. DECEMBER 7, 2022 5:07 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; Cortland County Legislators, Cathy Bischoff and Kelly Preston; Representatives from the Cortlandville Fire District: Courtney Metcalf, Gere Henry, and Seth Henry; Town residents: Robert Martin; Pamela Jenkins; News Reporter: Jacob Mack from the Cortland Standard. Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; and News Reporter, Eddie Velasquez from the Cortland Voice. Supervisor Williams called the Regular Meeting to order. Councilman Leach made a motion, seconded by Councilman Donlick, to approve the Draft Town Board Minutes of November 9, 2022 and November 16, 2022. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Planning Board Minutes of October 25, 2022. All voting aye, the motion was carried. RESOLUTION #339 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER Motion by Councilman Cobb 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 #1590-1676; 1678-1687 HG, SF, SS, SW General Fund A $ 132,627.71 General Fund B $ 2,092.99 Highway Fund DA $ 0.00 Highway Fund DB $ 63,101.12 Gutchess Lumber SC Project HG $ 12,678.56 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 3,704.95 Water Fund SW $ 12,231.63 Funds CD1, CD3, CD4 Voucher #9-9 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 17,000.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #32-33 Trust & Agency TA $ 52,583.00 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Robert Martin Town resident Bob Martin addressed the Board regarding his concerns about the Park Outdoor Advertising Billboard, located on Town property in front of the Gutchess Lumber Sports Complex, and political campaign advertisements that were displayed from October 7th thru October 31st. Mr. Martin stated he did not see the advertisements personally, but heard about them from a reliable source and received confirmation from Stephen Frank at Park Outdoor DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 2 Advertising that three political candidates had advertisements on the billboards. Mr. Martin referred to the Town Board Minutes from October 7, 2020, in which Attorney DelVecchio said he did not want to see certain advertisements on the Billboard, such as political advertisements and that an addendum would be added to the lease agreement. Mr. Martin asked if the addendum was added, if Park Outdoor was in violation of the contract, and who sponsored and paid for the advertisements. In addition, Mr. Martin referred to Bill (S4539B) passed by the New York Senate on February 5, 2021 prohibiting campaign material supporting candidates running for office on government owned buildings and properties. He asked if the Town was in violation of this law or of being unethical. Attorney DelVecchio responded to Mr. Martin's concerns, stating as soon as the issue was brought to his attention, he reached out to Mr. Frank at Park Outdoor Advertising. Mr. Frank indicated that the error was an oversight on behalf of Park Outdoor due to the recent retirement of an employee and had nothing to do with the Town. Attorney DelVecchio stated, not only did the Town have nothing to do with the advertisements, but the Town was also not aware of the advertisements. Park Outdoor gave assurances that this will not happen again. Attorney DelVecchio had written correspondence from Park Outdoor indicating such and stated the issue “has been put to bed”. Supervisor Williams offered privilege of the floor to Cortland County Legislators, Kelly Preston and Cathy Bischoff. Kelly Preston and Cathy Bischoff, Cortland County Legislators and Co -Chairs of the Cortland County Redistricting Commission, explained they were in attendance to give a presentation on the redistricting plan for the Cortland County Legislature, which is required after the results of the 2020 United States Census. Due to a 12% decrease in the county’s population, by law, the political representation must change along with it. With 17 Legislators at present, the Commission must have a proposal for redistricting in place and before the County Legislature by April 2023. The previously proposed plan for redistricting failed. Both Legislator Preston and Legislator Bischoff were of the opinion that it is best to educate people rather than to surprise them. They provided handouts to the Board and to those in attendance and explained the timeline for the proposal to be in place. Legislator Preston and Legislator Bischoff explained the redistricting options, the redistricting rules, and the impacts of redistricting for the Town of Cortlandville. Due to their populations, the Town of Cortlandville, City of Cortland, Town of Homer, Village of Homer, and Town of Virgil are districts that may all be subdivided if necessary to accommodate legislative district map of 17, 15, 13, or 11 legislators. An important topic discussed, and to be considered when redistricting, are “communities of interest”. The Commission was striving to keep communities together rather than subdividing the districts in a community or neighborhood, such as the Bell Drive neighborhood, Greek Peak, SUNY Cortland, or Amish communities. Since the Town of Cortlandville is a district that can be subdivided, and is contiguous to numerous districts, there are many options for subdividing the territory to make other districts balance out. Legislator Preston and Legislator Bischoff explained the 5% rule and the 40% rule as follows: • Districts shall be as nearly equal in population as is practicable; the difference between the most and least populous districts shall not exceed five (5) percent of the means of all districts. • No villages or cities or towns except those having more than forty (40) percent of a full ratio for each district shall be divided. It was explained that redistricting was a mathematical issue that had a domino effect on other municipalities; when you take something from one district it affects others. Legislator Preston and Legislator Bischoff referred to the maps they provided to show what municipalities could be combined and arranged to be “compact in form as practicable”, and to be organized. They mentioned that when polling other municipalities and the public, people like how the current districts are arranged at a legislature of 17. If the number of legislators remains at 17, the redistricting plan does not have to go to public referendum. However, if the number of legislators decreases, the plan would be up for a referendum vote on the November 2023 ballot. However, Legislator Preston explained that due to the 2023 election and the timeline for garnering signatures on petitions to run for election, she expected all legislators that win the election to have a four-year term. If the redistricting plan goes to referendum and is voted down, the process would start over again. Councilman Guido, who is the Town’s representative on the Commission, indicated that he has attended approximately 6 redistricting meetings. He commended the Commission and Legislators Preston and Bischoff, and stated they are doing their due diligence and looking at the issue from all angles. DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 3 Legislator Bischoff shared what she thought was an interesting perspective from when the last redistricting plan was up for vote, in which the Town of Cortlandville was split into 7 different districts. Comments were made that Cortlandville would have an unfair advantage with 7 legislators fighting for the Town of Cortlandville in comparison to towns with smaller populations that would only have 1 legislator. In closing Legislator Preston and Legislator Bischoff asked for input from the members of the Board so that they could report back to the Commission. Legislator Preston stated that as the Co-Chairs of the Commission they were working together and were trying to be fair, making sure everyone has an opportunity to “come to the table”. Councilman Guido asked the Board to reach out to him with any comments prior to the Commission’s next meeting on December 13, 2022. Supervisor Williams commented that a smaller number of legislators is better than a larger number, to make sure people have their “skin in the game”. He mentioned that when he was on the County Legislature, there were 19 legislators in the County. He stated he would rather see larger districts with fewer legislators. Councilman Donlick agreed, stating that as the population of the County decreases, having less legislators is better. Legislator Bischoff mentioned the arrival of Micron in Onondaga County, suggesting that Cortland County may see an increase in population that should be kept into consideration. Supervisor Williams and the Members of the Board thanked Legislator Preston and Legislator Bischoff for their time and for presenting the information. * The information below was provided by Legislator Preston and Legislator Bischoff. DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 4 DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 5 Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file the following monthly reports: 1. Cortland Community SPCA – October 2022; 2. Code Enforcement Officer, Desiree Campbell – September and November 2022; 3. Town Supervisor – October 2022; 4. Code Enforcement Officer, Kevin McMahon – November 2022; 5. Town Clerk – November 2022; 6. Cortland County Treasurer – December 2022; and 7. Cortland Community SPCA – November 2022. All voting aye, the motion was carried. Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file the 2022 Periodic Review Report for the South Hill Dump, dated November 21, 2022, as prepared by CHA for the Town of Cortlandville. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file correspondence from Charter Communications, dated November 18, 2022 and November 30, 2022, regarding programming services. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from NYSEG and RG&E, dated November 28, 2022, regarding the suspension of late payment charges for all customers for the period of December 1, 2022 through April 15, 2023. All voting aye, the motion was carried. Under old business, the Board took action with regard to the proposed Local Law regarding private fire hydrants in the Town. RESOLUTION #340 ADOPT LOCAL LAW NO. 7 OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S PRIVATE FIRE HYDRANT 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 Private Fire Hydrant Law in the Town of Cortlandville, New York”, 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. 7 of 2022, “A Local Law Adopting the Town of Cortlandville’s Private Fire Hydrant 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 DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 6 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 Private Fire Hydrant 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. The purpose of this chapter is to establish a program for identifying and registering private fire hydrants; to determine the responsibilities of owners of private fire hydrants; and to ensure the proper functioning of fire safety equipment in the Town of Cortlandville to protect public safety. SECTION 4. DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: Enforcement Officer: A duly authorized representative of the Cortlandville Water Department. Hydrant: The above ground appliance (as defined by the National Fire Protection Association (NFPA)) used to provide a water supply to fire apparatus in the event of a fire or other emergency. Private hydrant: A fire hydrant located on private property, whose water is provided by the Town of Cortlandville or by other means, but the underground piping in which the water moves and the hydrants are owned and maintained by the property owner. Hydrant owner: The person or entity (or their designee), according to Town of Cortlandville records, who is responsible for tax payments (or other payments to the Town) for the property on which the hydrant is installed. Hydrant maintenance: The process of regular maintenance of a fire hydrant to determine its capability to provide the desired water supply for which it was designed; and to exercise all valves, caps, etc.; and to lubricate and paint as needed. SECTION 5. IDENTIFICATION OF PRIVATE HYDRANTS. All private fire hydrants shall be marked by an approved identification means and shall be painted according to the Town of Cortlandville Fire Department’s standard. SECTION 6. NEW INSTALLATIONS. 1. The Town of Cortlandville Water Department shall oversee the installation of all new installations of private fire hydrants, which must conform to applicable standards. 2. Failure to meet these standards shall be cause to deny either a temporary or final permit by the Town of Cortlandville, or the revocation of any existing permits. 3. Upon installation and prior to the flowing of any water via a newly installed private Hydrant, the Town of Cortlandville Water Department shall be contacted and shall inspect the private hydrant. No water shall be allowed to flow through any private hydrant without DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 7 documentation by the Town of Cortlandville Water Department of the inspections and a determination by the Town of Cortlandville Water Department that the private hydrant complies with all applicable standards, rules and regulations. SECTION 7. MAINTENANCE. 1. All private hydrants must meet the private hydrant standards, and include, at minimum: a. Verify ability to find hydrant, debris cleared b. Verify ability to open hydrant c. Verify ability to utilize hydrant for fire protection or maintenance purposes d. Verify hydrant drains properly e. Reasonably assess status of paint and repaint, if necessary f. Lubricate all caps with food grade grease g. Confirm auxiliary valve is open h. Confirm a measured clearance of no less than fourteen inches between the bottom of all connections and the ground or installed base i. Tag inoperable hydrants with a clearly visible mark j. Flow tests 2. The Town of Cortlandville Water Department shall be contacted prior to the flowing of any water via private fire hydrants. 3. The Town of Cortlandville Fire Department shall be notified if such a water flow could also result in receipt of a false alarm from an installed fire suppression system. SECTION 8. AUTHORIZED INSPECTION. The owner of a private fire hydrant located on non-Town owned property shall maintain and have such hydrant annually inspected and flow tested by the Town of Cortlandville. The cost of inspections shall be at the expense of the property owner as determined by the Town of Cortlandville. SECTION 9. NOTIFICATIONS AND ACCESS. The Cortlandville Water Department shall be contacted regarding any private hydrant that: 1. is taken out of service immediately upon discovery of the issue placing the hydrant out of service; 2. upon completion of any work performed on a private hydrant, prior to placing a private hydrant back in service, no water shall be allowed to flow through any private hydrant without documentation by the Town of Cortlandville Water Department of the inspection and a determination by the Superintendent that the private hydrant complies with all applicable standards, rules and regulations; 3. No person will shut off, disconnect, remove or disable a private hydrant without the Town of Cortlandville approval; 4. The Town of Cortlandville Water Department shall have access onto properties containing Private Hydrants, as necessary, for the purposes of inspecting for leaks. SECTION 10. DUTY TO REPAIR. 1. Underground repairs. Upon notice of required repairs issued by the Town of Cortlandville, the property owner must complete such repairs and certify that the hydrant meets the inspection standards herein, within 30 days of such notice. 2. Aboveground repairs. All above ground repairs will be performed by the Town of Cortlandville, and the cost of these repairs shall be at the expense of the property owner. SECTION 11. PENALTIES – FAILURE TO INSPECT, FAILURE TO REPAIR, NON- COMPLIANCE, FRAUD. DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 8 1. 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. 2. Prior to commencing enforcement action for a violation of this law, the enforcing person shall give the property owner a 30 day written notice to comply with the law. Each day a hydrant is not in compliance with this law, and each hydrant found to be in violation of this bylaw, shall constitute a separate offense. SECTION 12. 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 13. 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 the Board authorize the purchase of a video conference camera (Meeting Owl 3) and expansion microphone for the purpose of running videoconference meetings as authorized by the Town’s recently adopted Videoconference Local Law. The cost of both was expected to be $1,298.00 and would be paid for from the budget lines of the Town Board, Planning Board and Zoning Board of Appeals. Supervisor Williams explained that the device would show the entire board table and audience. He suggested the Board authorize the purchase of the equipment in an amount not to exceed $1,500.00. RESOLUTION #341 AUTHORIZE THE PURCHASE OF THE MEETING OWL 3 AND EXPANSION MICROPHONE FOR THE PURPOSE OF RUNNING VIDEOCONFERENCE MEETINGS IN AN AMOUNT NOT TO EXCEED $1,500.00 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 the purchase of the Meeting Owl 3 and Expansion Microphone for the purpose of running videoconference meetings as authorized by Local Law No. 6 of 2022, for the total cost not to exceed $1,500.00, and it is further RESOLVED, the cost of such equipment shall be paid for from the budget lines of the Town Board, Planning Board and Zoning Board of Appeals. Attorney DelVecchio reported: Proposed Local Law – Amend Town Fees: Attorney DelVecchio recalled there was discussion in the past regarding the Town’s new Vacant Property Law and the fees set forth in the law providing for registration fees for vacant property: $500 for residential and $1,000 for commercial. After receiving feedback from several people, it was suggested that the fees were perhaps too high and that the Board should reconsider reducing them. To address that issue, and also to address the issue of fees set by local law in the Town Code, Attorney DelVecchio drafted a proposed local law that would allow the Town Board to address any fees in the Code by simple resolution rather than by local law. He presented the draft local law to the board and explained that it would involve amending the preamble section in the code to add one sentence, that all fees adopted by local law may be changed by resolution of the Town Board. DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 9 He apprised the Board that he identified the sections in the Code that have fees, which are as follows: § 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 Business; § 171 Water and Sewers; § 175 Wind Energy Facilities; § 178 Zoning; and Vacant Property. Attorney DelVecchio suggested that amending the preamble was a good way to address the issue of fees without having to go through the local law process each time. He asked the Board to acknowledge receipt of the local law and to schedule a public hearing for January 2023 if they chose to do so. RESOLUTION #342 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW – “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 1 GENERAL PROVISIONS §1-7 AMENDMENTS TO CODE”, AND SCHEDULE A PUBLIC HEARING FOR JANUARY 18, 2023 AT 5:00 P.M. 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 receipt of a proposed Local Law, “A Local Law Amending the Town of Cortlandville’s Chapter 1 General Provisions §1-7 Amendments to Code”, as prepared by the Town Attorney, and it is further RESOLVED, the Town Board hereby schedules a public hearing on the proposed Local Law for Wednesday, January 18, 2023 at 5:00 p.m. at the Peter Alteri Jr. Municipal Garage located at 3577 Terrace Road, Cortland, New York. Surplus Property – Sale of a Portion of Town Property: There was discussion regarding the sale of a portion of Town property on NYS Route 41, tax map #87.00-01-40.000. Attorney DelVecchio explained that Town resident Daryl Anderson submitted a request to Highway Superintendent Drach to purchase a portion of Town property (2.50± acres) located next to his property on Greenwood Road for $7,000.00. Town Assessor, David Briggs provided an appraisal of the portion of property, declaring a “fair market value” of $6,300.00. If the Board chose to move forward with the sale, it would be granted subject to permissive referendum as required by law, and would also include provisions for Mr. Anderson to pay any and all closing costs, survey costs. The sale would also be subject to approval of a subdivision/lot line adjustment from the Town Planning Board. According to Highway Superintendent Drach, the portion of property was not being utilized by the Town Highway Department, nor would it be needed in the future. Attorney DelVecchio suggested that if the Board wanted to proceed that they declare the property as surplus, authorize the sale, and authorize the Supervisor to sign any and all documents associated with the sale of the property. Supervisor Williams commented that the sale of the portion of property would put some of the land back on the tax roll. Mr. Anderson operates his own business, First Choice Blacktop, and plans to use the property to park some of his equipment. RESOLUTION #343 DECLARE A PORTION OF TOWN PROPERTY (2.50± ACRES) LOCATED OFF OF NYS ROUTE 41, TAX MAP #87.00-01- 40.000 (PORTION OF), AS SURPLUS PROPERTY AND AUTHORIZE THE SALE SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby declare a portion of Town property located off of NYS Route 41 as surplus property, consisting of approximately 2.50± acres of land (approximately 225.00± feet of road frontage along NYS Route 41 and a depth along the eastern property boundary line of 350.00± feet), a portion of tax map #87.00-01-40.000, and authorizes the sale of said property to Daryl C. Anderson for the sum of $7,000.00, and it is further DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 10 RESOLVED, the sale of the property is conditioned upon an approved subdivision of land from the Town of Cortlandville Planning Board, to be applied for by the purchaser, and it is further RESOLVED, the purchaser shall pay any and all closing costs and associated fees such as for the survey of the property, and it is further RESOLVED, the Supervisor is hereby authorized to sign any and all documents associated with the sale of the property subject to Town Attorney approval, and it is further RESOLVED, this resolution is adopted Subject to Permissive Referendum as required by law. At this time in the meeting, the Board proceeded with new business items. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from New York State Homes & Community Renewal, dated November 17, 2022, regarding the 12 Month Completion Notice for the 2021 Town-Wide Housing Rehabilitation Community Development Block Grant (CDBG) Project # 287HR317-21. All voting aye, the motion was carried. RESOLUTION #344 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #4) REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) 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 approval of payments (Draw #4) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Hammer & Nail Home Improvement – Payment to contractor (Holl) – $17,000.00 RESOLUTION #345 AUTHORIZE NEW APPLICANT APPROVAL REQUEST OF RANDI AND JEANIE MOWRY FOR THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) 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 new applicant approval request of Randi and Jeanie Mowry for property located at 5 West Main Street in the Town of Cortlandville, for a 100% deferred loan for the 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21), and it is further RESOLVED, the work to be completed includes exterior and interior carpentry, windows and doors, flooring, roofing, and plumbing, for a total cost of $36,286.80. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the 2022 CFA Empire State Development (ESD) Strategic Planning & Feasibility Studies Grant Application, dated July 29, 2022, regarding the “Gutchess Lumber Park Economic Impact Analysis” as prepared by Thoma Development Consultants for the Town of Cortlandville. All voting aye, the motion was carried. DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 11 RESOLUTION #346 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2023 TAX ROLL OF THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the list of delinquent water and sewer accounts of the Town Water & Sewer Department was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and file and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2023 tax roll of the Town of Cortlandville, and it is further RESOLVED, the total water relevy is $15,201.03 and the total sewer relevy is $16,232.87 for a grand total of $31,433.90. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the Cortland County Planning Department Review and Recommendations, dated November 10, 2022, and Cortland County Planning Board Resolution #22-32, dated November 16, 2022, regarding the Aquifer Protection Permit of CP Read Realty, LLC for the purpose of constructing a 6,000 square foot retail store and associated parking, for property located at 3975 Route 281, tax map #86.13-01-32.000. All voting aye, the motion was carried. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file the Final Press Release and Ratings & Assessments Chart, dated November 21, 2022, from Moody’s Investors Service, affirming the Issuer Ratings and Debt Instrument Ratings of U.S. cities and counties, in which the Town of Cortlandville has been listed with a continuous rating of Aa3. All voting aye, the motion was carried. RESOLUTION #347 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE ONE NEW INTERNATIONAL TRUCK CHASSIS, DUMP BOX AND PLOW EQUIPMENT IN ACCORDANCE WITH THE TOWN’S PROCUREMENT POLICY Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Town Board received a request from Highway Superintendent Drach to purchase one (1) new single axle truck chassis along with the dump box and plow equipment from the Onondaga County Contract #8996, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Superintendent to proceed in accordance with the Town’s procurement policy to purchase a 2024 International Truck HV513 SFA 4X2 in the amount of $137,819.00 (Allegiance Trucks) and a plow package in the amount of $92,561.12 (Viking Cives quote #CB00000035) including a 7-year engine and after treatment warranty for the total cost of $4,300.00, for the total amount of $234,680.12. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the renewal application for Mobile Home Park Permit for the year 2023 submitted by CNY MHPS, LLC for Cortland Estates Mobile Home Park, located at 1054 Route 13, tax map #96.09-04- 10.000. All voting aye, the motion was carried. DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 12 Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the Mobile Home Park Inspection Summary from Town Code Enforcement Officer, Desiree Campbell regarding an exterior inspection of Cortland Estates Mobile Home Park completed on October 12, 2022, and a recommendation that no action be taken on the renewal permit until the violations are cleared. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the renewal application for Mobile Home Park Permit for the year 2023 submitted by CNY MHPS, LLC for Landmark Mobile Home Park, located at 1030-1038 Route 13, tax map #96.09- 04-09.000. All voting aye, the motion was carried, Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Town Code Enforcement Officer, Desiree Campbell, dated November 15, 2022, regarding the completed exterior property maintenance inspection of the Landmark Mobile Home Park on October 11, 2022 in which no violations were noted and a recommendation was made for the Town Board to approve the renewal as submitted. All voting aye, the motion was carried. RESOLUTION #348 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT FOR LANDMARK MOBILE HOME PARK FOR 2023 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, CNY MHPS, LLC of Rochester, New York, owner, submitted a completed application and the appropriate fee of $35.00 for the renewal of the Landmark Mobile Home Park Permit for property located at 1030-1038 Route 13 in the Town of Cortlandville (formerly owned by Cortland MHP Associates, Inc.), tax map #96.09-04-09.000, and WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an inspection of the Mobile Home Park on October 11, 2022, and submitted her inspection report to the Town Board for review, and WHEREAS, no violations were noted by CEO Campbell, therefore BE IT RESOLVED, the Town Board does hereby approve the Mobile Home Park Permit Renewal for CNY MHPS, LLC for the Landmark Mobile Home Park for the year 2023, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park Permit, which shall be valid until December 31, 2023, at which point the permit must be renewed. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the Mobile Home Park Inspection Summary from Town Code Enforcement Officer, Desiree Campbell, dated November 15, 2022, regarding an exterior inspection of CNH Mobile Home Park completed on October 14, 2022, and a recommendation that the Town Board approve the renewal permit (upon receipt of the application). All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from the New York State Department of Transportation, dated November 28, 2022, acknowledging receipt of the Town’s speed limit reduction request for Highland Road in the Town of Cortlandville. All voting aye, the motion was carried. DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 13 RESOLUTION #349 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY CP READ REALTY, LLC FOR DECEMBER 21, 2022 AT 5:00 P.M. Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for December 21, 2022 at 5:00 p.m. at the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application submitted by CP Read Realty, LLC to construct a 6,000 square foot retail store and associated parking, for property described as 3975 Route 281 in the Town of Cortlandville, tax map #86.13-01-32.000. RESOLUTION #350 ACKNOWLEDGE RECEIPT OF GRANT FUNDS FROM THE 2017 EMPIRE STATE DEVELOPMENT (ESD) GRANT #AC571 IN THE AMOUNT OF $862,467.16 FOR PHASE 1 OF THE GUTCHESS LUMBER SPORTS COMPLEX AND AUTHORIZE REPAYMENT TO THE TOWN WATER FUND FOR THE LOAN IN THE AMOUNT OF $682,798.21 PLUS INTEREST IN THE AMOUNT OF $331.05 AS REQUIRED Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge receipt of grant funds from the 2017 Empire State Development (ESD) Grant #AC571 in the amount of $862,467.16 for Phase 1 of the Gutchess Lumber Sports Complex, and it is further RESOLVED, the Town Board hereby authorizes the repayment of the loan from the Town Water Fund in the amount of $682,798.21 plus interest in the amount of $331.05, as required. RESOLUTION #351 AUTHORIZE CHANGE ORDER NO. 4 SUBMITTED BY SMITH SITE DEVELOPMENT FOR THE GUTCHESS LUMBER SPORTS COMPLEX – PHASE 2 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 execute Change Order No. 4 submitted by Smith Site Development for the Gutchess Lumber Sports Complex Phase 2, to provide a change in the contract times for certain items to be completed in the Spring 2023 due to the weather, at no additional cost, and it is further RESOLVED, that substantial completion of the project is expected by December 30, 2022 with Final completion expected by June 2, 2023. RESOLUTION #352 AUTHORIZE HIGHWAY SUPERINTENDENT TO HIRE TERI THORINGTON AS A PART-TIME LABORER FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 14 WHEREAS, due to the resignation of Clayton Walker as a part-time laborer for maintenance/janitorial services for the Town Highway Department, effective December 8, 2022, a vacancy exists, therefore BE IT RESOLVED, the Town Board hereby authorizes the Town Highway Superintendent to hire Teri Thorington as a part-time “Laborer” for the Town Highway Department for the purpose of maintenance/janitorial services, at an hourly pay rate of $18.00 in accordance with the Town Highway Payroll Schedule. RESOLUTION #353 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE A WELDER AND AN AIR COMPRESSOR FOR THE TOWN HIGHWAY DEPARTMENT 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 Highway Superintendent to purchase a Welder, Power MIG 256/Spool Gun, from Haun Welding Supply Inc. in the amount of $6,271.02, and it is further RESOLVED, the Town Board further authorizes the Highway Superintendent to purchase an Electric Air Compressor, Ingersoll Rand, 7.5 hp, from Grainger, in the amount of $2,910.71. RESOLUTION #354 AUTHORIZE THE ANNUAL CLOTHING ALLOWANCE FOR TOWN HIGHWAY DEPARTMENT EMPLOYEES IN THE AMOUNT OF $600 PER EMPLOYEE PER YEAR 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 annual clothing allowance for Town Highway Department employees in the amount of $600 per employee per year, to be used towards the purchase of work-related clothing. RESOLUTION #355 AUTHORIZE TOWN BOARD TO SIGN THE COMMERCIAL CRIME COVERAGE POLICY FOR THE TOWN OF CORTLANDVILLE FOR THE YEAR 2023 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board is hereby authorized and directed to sign the Commercial Crime Coverage Policy for the Town of Cortlandville for the year 2023, agreeing to the coverage for the elected, appointed officials and all other Town employees. RESOLUTION #356 AUTHORIZE THE EXTENSION OF A SIX-MONTH RENTAL OF AN OFFICE TRAILER FOR THE GUTCHESS LUMBER SPORTS COMPLEX FROM VERSATILE OFFICE TRAILERS Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 15 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to extend the rental of a 10x40 office trailer from Versatile Office Trailers for six-months to be used at the Gutchess Lumber Sports Complex by the Town Parks & Recreation Director and onsite staff, for the total cost of $4,548.00. RESOLUTION #357 AUTHORIZATION TO RELEVY OUTSTANDING FIRE AND SAFETY INSPECTION CHARGES ONTO THE 2023 TAX ROLL OF THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, pursuant to Chapter 86 of the Code of the Town of Cortlandville, the Code Enforcement Officer of the Town is authorized to conduct fire safety and property maintenance inspections of buildings and structures, and WHEREAS, per Section 86-16, “any fee required by this chapter for services rendered pursuant to the provisions of this chapter which remains unpaid for 90 days shall be added to the next issued Town and County tax bill”, therefore BE IT RESOLVED, the Town Board does hereby authorize the following outstanding fire safety and property maintenance inspection charges for August 2021 through August 2022, as submitted by the Town Code Enforcement Office, be relevied onto the 2023 tax roll of the Town of Cortlandville: Owner Inspection # Tax map # Property Location Fee David Mayo, MD B-21-058 86.09-04-07.000 4077 Route 281 $ 90.00 281 Groton Corp. M-21-005 86.13-01-55.121 1106 Route 222 $ 90.00 Craig & Laura Turner B-22-051 88.00-01-68.110 3802 Clinton St. $ 90.00 Darrell Carter B-22-009 86.13-01-45.210 3917 Route 281 $ 90.00 Carl Demarchi M-22-005 95.12-01-18.000 3593 Route 281 $ 90.00 Cortland Co. Ag. Corp. M-22-003 76.19-01-30.100-2 4292 Fairground Dr. $200.00 Total: $650.00 With no further comments or discussion to be heard, Supervisor Williams requested the Board to recess the Regular Meeting to an Attorney-Client privileged meeting. He explained that the Board may reconvene the Regular Meeting and take action. Councilman Cobb made a motion, seconded by Councilman Leach, to recess the Regular Meeting to an Attorney-Client privileged meeting. All voting aye the motion was carried. The meeting was recessed at 6:17 p.m. Councilman Leach made a motion, seconded by Councilman Guido, to reconvene the Regular Meeting. All voting aye the motion was carried. The Regular Meeting reconvened at 7:06 p.m. Members of the public were invited to return to the meeting at this time. RESOLUTION #358 APPROVE SPONSORSHIP AGREEMENT BETWEEN THE GUTHRIE CLINIC AND THE TOWN OF CORTLANDVILLE TO SPONSOR THE GUTCHESS LUMBER SPORTS COMPLEX AND AUTHORIZE SUPERVISOR TO SIGN THE AGREEMENT Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 16 BE IT RESOLVED, the Town Board does hereby approve the Sponsorship Agreement between the Guthrie Clinic and the Town of Cortlandville, to sponsor the Gutchess Lumber Sports Complex located at 3111 Byrne Hollow Crossing, for a term of five years, effective November 28, 2022, for a total annual sponsorship fee of $40,000 payable to BASE Sports Group LLC on behalf of the Town of Cortlandville, payable on April 1, 2023 through April 1, 2027, with an option to renew, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the Sponsorship Agreement. No further comments or discussions were heard. Supervisor Williams adjourned the Regular Meeting at 7:06 pm. 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 December 19, 2022. The final version of this meeting was approved as written at the Town Board meeti ng of December 21, 2022.