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HomeMy WebLinkAbout2022-12-21 Town Board Minutes DECEMBER 21, 2022 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT CP READ REALTY, LLC, OWNER (MELDRIM’S PAINT CENTER) 3975 NYS ROUTE 281 TAX MAP #86.13-01-32.000 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 an application for an Aquifer Protection Permit submitted by 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. 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; Cortlandville Fire Department Members: Commissioner, Kevin Whitney; Assistant Chief, Michael Biviano; Jack Harvey; Fire District Secretary/Treasurer, Courtney Metcalf; Seth Henry; Stephen Bradley; Brandon Stelick; Joshua Aumick; Peter Verfuss; Larry Biviano; Raymond Shattuck; James Gehm III; Paul Alteri; Jonathan Alteri; Helmut Thielemann Jr.; Town residents: Anna Alteri; Danielle Henry; Cynthia and Carl Kembrough; 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 5:05 p.m. DECEMBER 21, 2022 5:05 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; Cortlandville Fire Department Members: Commissioner, Kevin Whitney; Assistant Chief, Michael Biviano; Jack Harvey; Fire District Secretary/Treasurer, Courtney Metcalf; Seth Henry; Stephen Bradley; Brandon Stelick; Joshua Aumick; Peter Verfuss; Larry Biviano; Raymond Shattuck; James Gehm III; Paul Alteri; Jonathan Alteri; Helmut Thielemann Jr.; Town residents: Anna Alteri; Danielle Henry; Cynthia and Carl Kembrough; 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. Supervisor Williams recognized Cortlandville Firefighter, Jonathan Alteri for his brave rescue of Gregory Robinson, a Town resident, who overturned his vehicle and was submerged in water off of Sweeney Road and Kinney Gulf Road on Friday, December 16, 2022. Firefighter Alteri and a bystander safely removed Mr. Robinson from the vehicle. Supervisor Williams commended Firefighter Alteri for his heroic service and stated it was the Town Board’s honor to declare him as a Recognized Citizen of Cortlandville. Supervisor Williams asked Firefighter Alteri to approach the Board table, as well as Mr. Robinson who was in attendance. The Cortlandville Firefighters who were in attendance stood at attention to honor Firefighter Alteri. Mr. Robinson thanked Firefighter Alteri for saving his life and presented him with the certificate on behalf of the Town of Cortlandville. Those in attendance applauded Mr. Alteri for his actions. RESOLUTION #359 RESOLUTION TO ACKNOWLEDGE CORTLANDVILLE FIREFIGHTER, JONATHAN ALTERI FOR HIS HEROIC SERVICE IN THE RESCUE OF A TOWN RESIDENT ON DECEMBER 16, 2022 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, commend, and thank Cortlandville Firefighter Jonathan Alteri for his heroic service in the rescue of a Town resident from an overturned vehicle that was submerged in water off of Kinney Gulf Road, on Friday morning, December 16, 2022, and it is further RESOLVED, it gives the Town Board great honor to recognize Firefighter Jonathan Alteri as a Recognized Citizen of the Town of Cortlandville. Councilman Guido made a motion, seconded by Councilman Cobb, to approve the Town Board Minutes of December 7, 2022. All voting aye, the motion was carried. DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 2 RESOLUTION #360 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #1688-1769 HG, SF, SS, SW General Fund A $ 71,164.14 General Fund B $ 12,574.96 Highway Fund DA $ 0.00 Highway Fund DB $ 38,398.26 Gutchess Lumber SC Project HG $1,266,088.20 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 11,364.57 Water Fund SW $ 19,679.24 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 #34-36 Trust & Agency TA $ 54,558.26 Expendable Trust TE $ 0.00 Supervisor Williams acknowledged that there were no requests for privilege of the floor. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1. Water & Sewer Department – November 2022; 2. Town Parks & Recreation – October/November 2022; and 3. Town Justice Mathey and Town Justice DeMarco – November 2022. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from National Grid, dated November 28, 2022, regarding the pole maintenance scheduled to begin in February 2023 and continue for approximately 30 months. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from Charter Communications, dated December 16, 2022, regarding programming changes. All voting aye, the motion was carried. Under old business there was discussion regarding the Aquifer Protection Permit application submitted by CP Read Realty, LLC to permit the construction of a 6,000 square foot retail store and associated parking, for property located at 3975 Route 281, tax map #86.13-01- 32.000. Attorney DelVecchio explained the SEQRA process to the Board. The Board commenced their review of Part 2 of the SEQR Short Environmental Assessment Form with Attorney DelVecchio reading the questions. The Board answered no impact to small impact for all questions. Discussion occurred regarding the status of the application at the Town and County Planning Board level. Attorney DelVecchio suggested that if the Board take action that they do so subject to any and all recommendations from the Town and County Planning Boards, to which the Town Board agreed. DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 3 RESOLUTION #361 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #7 OF 2022 SUBMITTED BY CP READ REALTY, LLC FOR PROPERTY LOCATED AT 3975 ROUTE 281 AND AUTHORIZE SUPERVISOR TO SIGN THE SEQRA APPLICATION Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by CP Read Realty, LLC (Meldrim’s Paint Center) 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, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of CP Read Realty, LLC, Aquifer Protection Permit #7 of 2022, shall have no significant environmental impact, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #7 of 2022. RESOLUTION #362 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2022 SUBMITTED BY CP READ REALTY, LLC Motion by Councilman Donlick Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Cortland County Planning Department and Cortland County Planning Board reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, the Aquifer Protection Permit application is under review by the Town Planning Board, and WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the Town Board duly reviewed and completed the Short Environmental Assessment Form and declared that the proposed project of CP Read Realty, LLC shall have no significant environmental impact, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2022, submitted by 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, subject to the following conditions from the County Planning Board, and any and all recommendations from the Town Planning Board after they complete their review: 1. That the Town consider revising §178-45 (B) (1) & (2) of the Code of the Town of Cortlandville to refer to NYS Department of Environmental Conservation (DEC) regulations instead of Cortland County Health regulations. 2. That the applicant provide an updated site plan to the Town including a lighting plan, general landscaping plan, and if necessary, the locations of emergency zones / fire hydrants. 3. That the Town review the updated site plan to ensure adequate protection of neighboring properties, especially those which are residential, against noise, glare, or unsightliness. DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 4 4. That the updated site plan be reviewed and approved by the Town of Cortlandville Fire Department. 5. That the applicant prepare a stormwater pollution prevention plan (SWPPP) in compliance with the Town of Cortlandville stormwater ordinance (Article XVI of the 1985 Zoning Law of the Town of Cortlandville, Cortland County, New York) and provide it to the Town for review and approval. 6. That all construction activities avoid discharge of any materials or contaminants including sediment, nutrients, and petroleum products into Dry Creek. 7. That the mature trees present along the creek frontage be preserved to the greatest extent practicable to ensure bank stabilization. 8. That the updated site plan including a general landscaping plan use native New York and non-cultivar plant species to the greatest extent practicable. 9. That all stormwater management facilities be out of the FEMA 100-year floodplain. 10. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Under new business, Town Clerk Rocco-Petrella reported that the Winter 2022 edition of the Town’s Newsletter, Talk of the Town was released on December 15, 2022 and was available electronically on the Town’s website. She reminded the public that the 2023 Cortlandville Town/County tax bills and 4th Quarter Water/Sewer bills would be mailed by December 31, 2022. Attorney DelVecchio reported: WQIP Grant – Previous Land Acquisition to protect the Lime Hollow Wells: Attorney DelVecchio recalled that in 2019 the Town purchased property from Gutchess Lumber near the Town’s Lime Hollow Wells for the sole purpose of protecting the wells. The Town was previously approved for a grant to reimburse the Town for the cost of t he purchase of the property. He explained that getting approved for a grant is only “a quarter of the battle”, as there are a lot of administrative tasks that need to be done in order to receive the funds that were awarded. Attorney DelVecchio was in receipt of the new survey of the property, which the Board previously authorized be conducted. He was now working on filing a corrected deed for the property per the State requirements. He stated that eventually, the Town will receive the funds that were awarded for the purchase of the property. Town Board Member reports: Councilman Cobb reported that he and Amanda Rainbow, Assistant to the Supervisor, attended the December 9, 2022 Cortland County Business Development Corp. meeting which discussed the local economy, the deal with Micron in Onondaga County, and how the Cortl and community may be impacted. The Board briefly discussed Micron and the potential impacts it may have on surrounding areas. Councilman Guido apprised the Board that he attended the last Cortland County Redistricting Committee meeting. He explained that when the County devises a new redistricting plan and map for the number of legislators that it will be put on the general election ballot in 2023. That said, the changes would not take effect until 2028 since 2023 is an election year for the County Legislators. By the time the County adopts a new plan, it will be too late to affect the legislators running for election in 2023. DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 5 Supervisor Williams reported: Guardrails on Sweeney Road: Supervisor Williams reported that he asked Highway Superintendent Drach to start the design/feasibility process for the installation of guardrails on Sweeney Road in the area where recent accidents occurred. Highway Superintendent Drach explained he spoke with representatives from the Cortland County Soil & Water Conservation District regarding the piping to see if the Town and County could work together to accomplish the project and perhaps apply for grant funding. Wi-Fi for the Town Highway Garage: Supervisor Williams explained to the Board there was a critical need for Wi-Fi at the Town Highway Garage to accomplish truck inspections and other work in the mechanic’s bay. Highway Superintendent Drach received two proposals from Beard Electric to accomplish the projects and requested approval from the Board in the total amount of $6,536.00: Proposal No. 836 -$3,672.00; Proposal No. 837 - $2,864.00. RESOLUTION #363 APPROVE PROPOSAL NO. 836 FROM BEARD ELECTRIC LLC TO UPGRADE THE WIFI AT THE TOWN HIGHWAY GARAGE FOR THE TOTAL COST OF $3,672.00 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 approve Proposal No. 836 from Beard Electric LLC to provide the material and labor for the Wi-Fi upgrade at the Town of Cortlandville Highway Garage located at 4675 Route 41, to install one new wireless access point in the remote truck bay for mechanic equipment use; one new network switch to be installed in boiler room; one wireless access point to be installed at peak on main wall above bathrooms and boiler room; one new exterior grade category 6 cable to be installed in existing conduits from main building network room to new switch location; one dedicated 120-volt circuit to be installed for power, for the total cost of $3,672.00 RESOLUTION #364 APPROVE PROPOSAL NO. 837 FROM BEARD ELECTRIC LLC TO UPGRADE THE WIFI AT THE TOWN HIGHWAY GARAGE (MECHANIC’S TRUCK BAY) FOR THE TOTAL COST OF $2,864.00 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 approve Proposal No. 837 from Beard Electric LLC to provide the material and labor for the Wi-Fi upgrade at the Town of Cortlandville Highway Garage located at 4675 Route 41, to install two new wireless access points in the main mechanics truck bay for mechanic equipment use and to install an existing network switch in the mechanics office for phone, wireless access points, computer and inspection machine; install one wireless access point in the mechanics bay, for the total cost of $2,864.00 Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from New York State Office of Community Renewal, dated December 1, 2022, notifying the Town that the Annual Performance Reports for NYS CDBG #287HR317-21 (Town-wide Housing Rehabilitation Project) and NYS CDBG #287ED967-21 (Seven Valley Specialty Cables, LLC) must be submitted by Friday, January 13, 2023. All voting aye the motion was carried. DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 6 Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the notice of award letter from New York State Empire State Development, dated December 9, 2022, regarding the Town’s application for a Strategic Planning and Feasibility Studies Funds through the Central NY REDC for the Gutchess Lumber Sports Complex (CFA #120694), and the Town being recommended for an award of up to $32,500. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file email correspondence from Christy Coon of the William G. Pomeroy Foundation to Wayne Thurston (applicant on behalf of the Town), dated December 12, 2022, regarding the award of a grant for a historic marker to be placed at the Town of Cortlandvi lle’s South Cortland Cemetery. All voting aye, the motion was carried. RESOLUTION #365 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #5) REGARDING THE TOWN’S 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 approval of payments (Draw #5) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Luke Searles Plumbing Inc. – Payment to contractor (Evangelista) – $2,200.00 Town of Cortlandville – Payment to supplier (Evangelista) – $50.00 RESOLUTION #366 APPROVE HOLIDAY SCHEDULE 2023 Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the following Holiday Schedule for the year 2023 is hereby approved as follows: New Year’s Day Observed Monday January 2, 2023 Martin Luther King Jr. Day Monday January 16, 2023 Presidents’ Day Monday February 20, 2023 Memorial Day Monday May 29, 2023 Juneteenth Monday June 19, 2023 Independence Day Tuesday July 4, 2023 Labor Day Monday September 4, 2023 Columbus Day Monday October 9, 2023 Election Day Tuesday November 7, 2023 Veterans Day Friday November 10, 2023 Wednesday* November 22, 2023 (close at 12:00 pm) Thanksgiving Day Thursday November 23, 2023 Friday* November 24, 2023 Friday* December 22, 2023 (close at 12:00 pm) Christmas Day Monday December 25, 2023 *Holiday Observation DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 7 RESOLUTION #367 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR 2023 Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Peter Alteri Jr. Municipal Garage located at 3587 Terrace Road, Cortland, New York, or at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, or at another location within the Town of Cortlandville to be determined by further Town Board action, on the first and third Wednesday of each month at 5:00 pm, except for the month of November in which the meetings will be held on the second and third Wednesday of the month, and December in which a meeting will also be held the last Wednesday of the month at 5:00 pm, and if such day should fall on a holiday, the meeting shall be held the next business day, and it is further RESOLVED, if a regular meeting(s) of the Town Board cannot be conducted in person, the meeting(s) will be held electronically via Zoom video conference and the electronic meeting registration link will be posted to the Town’s website (cortlandville.org) and available at the Office of the Town Clerk, and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. RESOLUTION #368 AUTHORIZE PAYMENT APPLICATION NO. 3 SUBMITTED BY SMITH SITE DEVELOPMENT, LLC 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 Payment Application No. 3 as submitted by Smith Site Development, LLC for payment in the amount of $1,250,517.40 for the Gutchess Lumber Sports Complex Phase 2, which reflects the work completed to date ($2,454,002.28) minus the previous applications for payment ($1,080,784.77) and the five percent retainage ($122,700.11). RESOLUTION #369 ACKNOWLEDGE THAT THE TOWN OF CORTLANDVILLE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE IS AN ADVISORY COMMITTEE AND THAT MINUTES ARE NOT REQUIRED 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 that the Town of Cortlandville Comprehensive Plan Implementation Committee is an advisory board and therefore minutes are not required since there are no binding actions taken. DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 8 RESOLUTION #370 AMEND THE TOWN OF CORTLANDVILLE PERSONNEL POLICY (EMPLOYEE HANDBOOK) DATED APRIL 2022, SPECIFIC TO SECTION 1007 – VACATION LEAVE 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 amend the Town of Cortlandville Personnel Policy (Employee Handbook) dated April 2022, Section 1007 – Vacation Leave, to provide the following vacation leave for Employees hired after September 1, 2016: Employees hired after September 1, 2016 Completed, Continuous Length of Service as of Anniversary Date Vacation Leave Credited as of Anniversary Date Administrative Hours Highway/Water/Sewer Hours 0-12 Months 5 Days after 3 months 35 Hours 40 Hours 1-5 Years 10 Days 70 Hours 80 Hours 6-15 Years 15 Days 105 Hours 120 Hours 16 Years + 20 Days 140 Hours 160 Hours AND IT IS FURTHER, RESOLVED, the updated Policy replaces the Personnel Policy last revised on April 6, 2022. RESOLUTION #371 ACCEPT RESIGNATION FROM ANDREW M. NIVER AS MOTOR EQUIPMENT OPERATOR FOR THE TOWN OF CORTLANDVILLE HIGHWAY DEPARTMENT, EFFECTIVE JANUARY 1, 2023 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 accept the letter of resignation from Andrew M. Niver as Motor Equipment Operator (M.E.O.) for the Town of Cortlandville, to be effective January 1, 2023, and it is further RESOLVED, the Town Board hereby authorizes the Town Highway Superintendent to seek a replacement for a Motor Equipment Operator due to the upcoming vacancy, and it is further RESOLVED, the letter of resignation received December 19, 2022, is hereby received and filed. RESOLUTION #372 AUTHORIZE TITLE CHANGE AND WAGE INCREASE FOR TOWN HIGHWAY DEPARTMENT EMPLOYEE, NATHAN HODGE FROM MOTOR EQUIPMENT OPERATOR TO HEAVY EQUIPMENT OPERATOR WITH TRAILER CDL EFFECTIVE DECEMBER 21, 2022 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 the tile change and wage increase for Town Highway Department employee, Nathan Hodge from Motor Equipment Operator to Heavy Equipment Operator at the hourly rate of $27.59 (Step D), effective December 21, 2022, and it is further DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 9 RESOLVED, the hourly rate shall increase to $28.97 according to the 2023 Highway Department Salary Schedule, effective January 1, 2023. RESOLUTION #373 RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED DECEMBER 21, 2022, AMENDING THE BOND RESOLUTION ADOPTED JANUARY 5, 2022 IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS AT GUTCHESS PARK Motion by Councilman Guido Seconded by Councilman Cobb VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, pursuant to the bond resolution adopted by the Town Board of the Town of Cortlandville, in the County of Cortland, New York (the “Town”), on January 5, 2022, the Town Board has heretofore duly authorized the construction improvements at Gutchess Park, consisting of the construction of two baseball fields, the reconstruction and expansion of an existing parking lot and the construction of a concession building at the estimated total cost of $2,000,000, which amount was appropriated for such purpose by said Town Board; and WHEREAS, the Town Board has now determined that it is in the best interest of the Town to amend said bond resolution; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The Bond Resolution of said Town adopted by the Town Board on January 5, 2022, entitled: “Bond Resolution of the Town of Cortlandville, New York, adopted January 5, 2022, authorizing the construction of improvements at Gutchess Park, stating the estimated maximum cost thereof is $2,000,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $2,000,000 to finance said appropriation,” is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED JANUARY 5, 2022 AND AMENDED DECEMBER 21, 2022, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS AT GUTCHESS PARK, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,000,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $2,000,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two - thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Cortlandville, in the County of Cortland, New York (herein called the “Town”), is hereby authorized to construct improvements at Gutchess Park, consisting of the construction of two baseball fields, the reconstruction and expansion of an existing parking lot and the construction of a concession building. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 10 issuance of bonds in the principal amount of $2,000,000 to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Any grant funds received by the Town and any other Town funds available for such purpose are authorized to be applied toward the cost of said project or redemption of the Town’s bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. Section 2. Bonds of the Town in the principal amount of $2,000,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 19 (c) of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board as to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Town, having a DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 11 general circulation within said Town, and to post on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the form appearing in Exhibit A hereto. * * * * * Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution as originally adopted, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Section (C) Said bond resolution, as herein amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution, as amended, and requesting that it be submitted to the electors of said Town for their approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted January 5, 2022, shall not be in any way affected and shall remain in full force and effect. Section (D) The Town Clerk is hereby authorized and directed, after said bond resolution, as herein amended, shall take effect, to cause said bond resolution, as herein amended, to be published, in summary, in the official newspaper of the Town, together with a Notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. RESOLUTION #374 RESCIND TOWN BOARD RESOLUTION #237 OF 2022, “ACCEPT GRANT AWARD FROM NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (OPRHP) IN AN AMOUNT NOT TO EXCEED $500,000 FOR THE GUTCHESS LUMBER PARK DEVELOPMENT: PHASE 2 AND DELEGATE SIGNING AUTHORITY TO EXECUTE THE CONTRACT AND ASSOCIATED DOCUMENTS TO THE TOWN SUPERVISOR” 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 rescind Town Board Resolut ion #237 of 2022, adopted August 17, 2022, to “Accept Grant Award From New York State Office of Parks, Recreation and Historic Preservation (OPRHP) in an Amount not to Exceed $500,000 for the Gutchess Lumber Park Development: Phase 2 and Delegate Signing Authority to Execute the Contract and Associated Documents to the Town Supervisor”, in order to provide required language regarding Title 9 of the Environmental Protection Act of 1993. RESOLUTION #375 ACCEPT GRANT AWARD FROM NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (OPRHP) IN AN AMOUNT NOT TO EXCEED $500,000 FOR THE GUTCHESS LUMBER PARK DEVELOPMENT: PHASE 2 AND DELEGATE SIGNING AUTHORITY TO EXECUTE THE CONTRACT AND ASSOCIATED DOCUMENTS TO THE TOWN SUPERVISOR Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town of Cortlandville applied for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under Title 9 of the Environmental Protection Act of 1993, for the purpose of funding the Gutchess Lumber Park Development: Phase 2, Project #210954; and it is further DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 12 RESOLVED, that the Town of Cortlandville is authorized and directed to accept these grant funds in an amount not to exceed $500,000 for the project described in the grant applicati on; and it is further RESOLVED, that the Town of Cortlandville is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such Gutchess Lumber Park Development: Phase 2; and it is further RESOLVED, that the Town of Cortlandville is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; and it is further RESOLVED, that the Cortlandville Town Board delegates signing authority to execute the Master Contract and any amendments thereto, any required deed of easement, and any other certifications to the individual who holds the following elected municipal office: Town of Cortlandville Supervisor, Thomas A. Williams. RESOLUTION #376 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT FOR CNH TRAILER PARK FOR 2023 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, Bret Peek of Albany, New York, owner, submitted a completed application and the appropriate fee of $65.00 for the renewal of the Mobile Home Park Permit for CNH Trailer Park located at 3610 Kingsley Avenue in the Town of Cortlandville, tax map #96.09-04-14.000, and WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an exterior inspection of the Mobile Home Park on October 14, 2022 and submitted her inspection report to the Town Board for review, and WHEREAS, CEO Campbell noted a few items that needed attention and reported that such items were being addressed by the park manager, therefore BE IT RESOLVED, the Town Board does hereby approve the Mobile Home Park Permit Renewal for CNH Trailer Park for the year 202 3 in the names of Bret Peek and Eric Peek of Albany, New York, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park Permit which shall be valid from January 1, 2023 through December 31, 2023, at which point the permit must be renewed. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from Desiree Campbell, CEO, dated December 19, 2022, and the Mobile Home Park Inspection Summary, Revised December 19, 2022, regarding the exterior property maintenance re-inspections of the Cortland Estates Mobile Home Park with a recommendation to renew the permit. RESOLUTION #377 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT FOR CORTLAND ESTATES TRAILER PARK FOR 2023 Motion by Councilman Leach Seconded by Councilman Cobb 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 $945.00 for the renewal of the Cortland Estates Mobile Home Park Permit for property located at 1054 Route 13 in the Town of Cortlandville, tax map #96.09-04-10.000, and DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 13 WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an inspection of the Mobile Home Park on October 12, 2022, and re-inspections on October 31, 2022, November 4, 2022, and on December 5, 2022, and WHEREAS, CEO Campbell submitted her inspection reports to the Town Board for their review noting numerous violations of the site, with particular attention to trailer #8 and trailer #11, and WHEREAS, on December 19, 2022, CEO Campbell conducted a re-inspection of the site and determined that trailer #8 and trailer #11 were in compliance with NYS Code, therefore BE IT RESOLVED, at the recommendation of CEO Campbell the Town Board does hereby approve the Mobile Home Park Permit Renewal for Cortland MHP Associates, Inc. for Cortland Estates Mobile Home Park for the year 2023 with the understanding that continuous progress will be made to the park, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park Permit, which shall be valid from January 1, 2023 until December 31, 2023, at which point the permit must be renewed. RESOLUTION #378 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM FUND BALANCES INTO ESTABLISHED RESERVE ACCOUNTS PER 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 Town Board does hereby authorize and direct the Supervisor to transfer the following funds from fund balances into the following reserve accounts per the 2022 Budget: - $50,000.00 from DB fund balance into Highway Equipment Capital Reserve Fund DB 231 - $15,000.00 from Water fund balance into Water Improvement Capital Reserve Fund SW 231 - $25,800.00 from Sewer fund balance into Sewer Improvement Capital Reserve Fund SS 231 There was discussion regarding agenda item I-18, “Resolution to adopt the latest version of the Code Enforcement Rules by New York State for Part 1203 of Title 19”. Councilman Cobb made a motion to adopt the latest version of the NYS Fire Code. Attorney DelVecchio interjected and explained that he looked into the matter. He had hoped the Town Code had a general provision to incorporate amendments made by the NYS Legislature at any time to the NYS Fire Code; however, the Town does not have such a provision nor do most municipalities. He explained that it is mandatory that municipalities adopt the new regulations and incorporate the changes into the Town Code; although no municipalities have done this yet in Cortland County. Attorney DelVecchio stated that “Cortlandville should serve as an example to other municipalities” and suggested that he draft a local law that will serve as a mechanism to incorporate the new changes and incorporate any further changes that NYS makes. Attorney DelVecchio also mentioned the 68-unit residential/mixed-use building proposed by Regan Development for property located off of Route 13 (behind Aldi’s). There is a requirement in the Town Code that specifies that for this type of building, in the district it is being proposed in, that two points of ingress and egress are required for emergency purposes. The application is before the Town ZBA for a variance to approve the project as proposed without two means of ingress and egress for emergency purposes. Attorney DelVecchio recalled that he brought this matter to the Board in the past, and suggested that changes not be made to the Town Code to avoid being inconsistent with State Law. He looked into the matter further and explained that the way the applicant is proposing the project, with the sprinkler systems, there are some exceptions to that rule. He stated t hat the way they are proposing the project, that it would not be in violation of the NYS Fire and Building Codes. In drafting the local law that will incorporate the new changes, he stated it would be prudent to make a change to the Town Code on that issue. On the issue of emergency ingress and egress that the NYS Building Code will govern that situation. He stated that the Town Code should not be inconsistent with the State Code. DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 14 Supervisor Williams asked if Attorney DelVecchio could accomplish the changes similar to an omnibus bill, which he said he could. The Board agreed with Attorney DelVecchio drafting such a local law to accomplish the changes. Councilman Cobb withdrew his original motion. With no further comments or discussion to be heard, Supervisor Williams adjourned the Regular Meeting. The meeting was adjourned at 5:47 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 January 10, 2023. The final version of this meeting was approved as written at the Town Board meeting of January 18, 2023.