Loading...
HomeMy WebLinkAboutB - 01 Town Board Minutes 5/03/2023 MAY 3, 2023 5:00 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: Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach; Town Residents: Pamela Jenkins; Robert Martin; Susan Rayl; Fortunata Abate; Pete Adams; Attorney, Francis Casullo; 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 Cortland Voice. Supervisor Williams called the Regular Meeting to order. Councilman Cobb made a motion, seconded by Councilman Donlick, to approve the Draft Town Board Minutes of April 19, 2023. All voting aye, the motion was carried. RESOLUTION #146 AUTHORIZE PAYMENT OF VOUCHERS – MAY Motion by Councilman Seconded by Councilman 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 #530-609 HG, SF, SS, SW General Fund A $ 79,234.16 General Fund B $ 3,351.71 Highway Fund DA $ 0.00 Highway Fund DB $ 35,239.50 Gutchess Lumber SC Project HG $ 68,533.08 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 930.36 Water Fund SW $ 2,855.84 Funds CD1, CD3, CD4 Voucher #19-20 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 2,350.80 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #14-14 Trust & Agency TA $ 1,110.19 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Fortunata Abate. Town resident, Fortunata “Ata” Abate addressed the Board regarding the flooding and drainage concerns of the residents on Bell Drive. She thanked Councilman Guido for the time he spent addressing her concerns over the past year but asked for further Board action to help to correct the flooding problem on Bell Drive. She explained that in 1998 the Town Highway Superintendent, Carl Bush received permission from the Cortland Country Club (CCC) to dig the ditch between the CCC and Bell Drive properties. Ms. Abate said that with continued development across the street from Bell Drive, namely in the Renaissance Development, water is coming faster off the hill and that more dirt and silt are piling up in front of the pipes by CCC. She stated that residents have to clean up debris which is an expense for the homeowner. She asked if the Town Highway Department could clean out the ditch so that water flows and “doesn’t come so high”. Ms. Abate mentioned a letter from the NYS DOT regarding the concerns and recalled that former Town Supervisor, Raymond Thorpe indicated that the Town was willing to pay for the pipes if the MAY 3, 2023 TOWN BOARD MEETING PAGE 2 DOT would do the work, however that never came to fruition. Ms. Abate noted that new homes are being built across the street in the Renaissance Development which could be affecting Bell Drive, and mentioned the drainage pipe that was added behind Hillside Drive to divert water into the retention pond. Ms. Abate acknowledged that it would cost money for the Town to address the drainage problem but asked for the Town’s assistance. Supervisor Williams offered privilege of the floor to Pete Adams. Town resident, Pete Adams concurred with Ms. Abate’s concerns regarding flooding on Bell Drive, adding that twice in the last year he stayed at a hotel due as he was concerned regarding the rainstorms and flooding. Mr. Adams asked for the Town’s help to address the flooding concerns/problems on Bell Drive. Supervisor Williams thanked Ms. Abate and Mr. Adams for their comments and acknowledged their concerns. There was discussion amongst the Board and Highway Superintendent Drach. Superintendent Drach was aware of the concerns and has checked the site many times, indicating that he checked the pipe and ran a camera through. He stated there was a little water in the retention pond, but that the box culvert was cle an with only a little debris at the end which is normal. He stated that the retention pond is doing what it is supposed to do and is working as designed – slow the water down. Superintendent Drach explained that residents should know where their footer drain is, that it is cleaned, and that water (runoff from the house) is moving away from the house. Ms. Abate provided photos of the flooding and debris, which she would email to the Town Clerk for the record, and explained how far the water gets when there is a storm. Supervisor Williams suggested that Councilman Cobb and Highway Superintendent Drach meet at the site with neighbors to get a firsthand look at the situation, which they agreed they would. Supervisor Williams assured Ms. Abate that they would do what they could as a Town, noting that the Town is limited in what it can do on private property. Supervisor Williams offered privilege of the floor to Susan Rayl. Town resident, Susan Rayl addressed the Board regarding her concerns about the operation of the Cortland Community SPCA and in particular their handling of cats and spay/neuter clinics. As a taxpayer, she questioned what services are provided by the SPCA that her tax dollars support. Ms. Rayl read her prepared comments aloud to the Board and submitted them to the Town Clerk for the record. Supervisor Williams indicated that the Board would follow up with the SPCA during the upcoming budget cycle to address some of her concerns. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the following monthly reports: 1. Code Enforcement Officer, Kevin McMahon – April 2023; 2. Town Clerk – April 2023; 3. Tax Collector – April 2023; 4. Code Enforcement Officer, Desiree Campbell – April 2023; and 5. Town Supervisor – April 2023. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella reminded the Board and those in attendance that May 31, 2023 would be the last day to pay the 2023 Cortlandville Town/County tax bill prior to being returned to the County Treasurer for the collection. Second notice letters would be mailed by the end of the week to those owners who have not paid in full. She also thanked the Board for allowing her office to be closed on April 24-25, 2023 while she and her staff attended the NYS Town Clerks Association Conference. Attorney DelVecchio reported: Proposed Memorandum of Agreement with Cortland County Health Department: Attorney DelVecchio recalled that at the last meeting the Board tabled action regarding the proposed Memorandum of Agreement with Cortland County Health Department for the operation of closed points of distribution. While he reached out to the Town’s insurance company for information regarding liability and coverage, he was waiting for more information. As such, he requested the Board table action until the next meeting. MAY 3, 2023 TOWN BOARD MEETING PAGE 3 RESOLUTION #147 TABLE ACTION REGARDING THE PROPOSED MEMORANDUM OF AGREEMENT WITH CORTLAND COUNTY HEALTH DEPARTMENT FOR THE OPERATION OF CLOSED POINTS OF DISTRIBUTION 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 table action to the Town Board Meeting of May 17, 2023 regarding the proposed Memorandum of Agreement between Cortland County Health Department and the Town of Cortlandville for the operation of closed points of distribution (POD) clinic(s), to allow time for the Town Attorney and Town Board to gather more information regarding the proposal. Partial Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Service Workers: Attorney DelVecchio recalled that at the last meeting there was discussion regarding a partial real property tax exemption for volunteer firefighters and volunteer ambulance service workers. The Cortlandville Fire District (CVFD) adopted a resolution providing for the partial exemption for the Cortlandville Fire Tax. Before drafting a local law for the Town Board to consider, Attorney DelVecchio asked for feedback from the Town Board regarding the qualifiers for the exemption, including the length of service and whether it should mirror the CVFD or not. After discussion, the Board was in consensus for a 10% tax exemption to be written into the proposed local law. Councilman Cobb abstained from the discussion. The Board previously directed Attorney DelVecchio to draft a proposed local law at the April 19, 2023 Town Board Meeting. Complaint to Code Office Regarding Unsafe Property: Attorney DelVecchio informed the Board that the Code Office received complaints regarding a property in the Town that recently had a fire. The property owners are both deceased and heirs have not done anything with the estate. Several “squatters” are occupying the property. The Code Office feels the property should not be occupied at this point due to the fire and the property being unsafe. After certain legalities occur, there is a process by which the Code Officer can be accompanied by the Sheriff and remove individuals living at the property. After further discussion, the Board agreed that Attorney DelVecchio and the Code Office proceed with action that they are able to take. Speed Limits on Town Roads: Attorney DelVecchio recalled that at the last Board meeting Councilman Donlick asked him to research the speed limit issues, which he did. Attorney DelVecchio explained that in August 2022 Governor Hochul signed into law a modification of the Vehicle & Traffic Law 1426. The new provision allows the Town to reduce the speed limit on Town roads. In the past, in order for the Town to reduce the speed the Town would have to file a request to the New York State Department (NYS DOT) of Transportation via the Cortland County Highway Superintendent. The NYS DOT would conduct an investigation, which was lengthy (1-2 years), and then report back to the Town as to whether or not a speed limit reduction was appropriate or not. Under the new law, the Town can skip over that process and adopt a local law to reduce the speed limit on any town road (exclusive of a school zone) to a speed limit of 25 MPH. Attorney DelVecchio explained that a public hearing would be held, and the Board would get public feedback. Since the reduced speed limit would be by local law, there would be specific language in the local law as to the road that would have a reduced speed limit. Councilman Leach asked if the Board should reach out to the residents of Highland Road regarding a reduction in speed limit. Attorney DelVecchio suggested it would be a good idea for the Board to develop a policy. There was discussion about requesting that a written petition be submitted in order for the Board to consider the request. Councilman Leach indicated he would like to move the policy along to address the speed limit concerns. After further discussion, Supervisor Williams stated he would be happy to work on a policy with Attorney DelVecchio, suggesting that a petition must be signed by at least 50% of the residents on any of the town roads. MAY 3, 2023 TOWN BOARD MEETING PAGE 4 Attorney DelVecchio requested an Attorney-Client conference at the end of the meeting. Town Board Member reports: Councilman Leach briefly commented on the submission of the Town’s ARPA report noting that the Town granted money to the McGraw High School Marching Band for uniforms. He suggested the Board invite the Marching Band to a Town Board meeting to display their new uniforms and offered to reach out to the Band Director to extend the invitation. Supervisor Williams reported: Exemption for Firefighters/Ambulance Service Workers: Supervisor Williams commented on previous discussion regarding the real property tax exemption for Firefighters/Ambulance Service Workers. He mentioned that he spoke with Assessor Briggs regarding the potential exemption. Assessor Briggs indicated that there are perhaps 17 residents who may qualify for the exemption. He was in the process of computing what the exemption would mean in tax dollars to the Town. Pending Litigation – Payment for Depositions: Supervisor Williams recalled conversation from the April 19, 2023 meeting in which the Board was asked to consider payment for depositions made by the six individuals/officials in relation to the pending civil lawsuit brought against the Town by Economy Paving. Supervisor Williams explained that Planning Board Members receive $250.00 per board meeting and that payment for an extra meeting is included in the budget annually. Although he was not requesting payment, Attorney DelVecchio mentioned that his deposition lasted 8 hours, while others were between 5-6 hours, with additional time spent preparing for the deposition. While voicing his reluctance to approve the payment, and that he did not want this decision to set precedent for the future, Councilman Leach made a motion to authorize payment in the amount of $250 .00 to the five individuals deposed excluding Attorney DelVecchio. RESOLUTION #148 AUTHORIZE PAYMENT TO FIVE CURRENT/FORMER PLANNING BOARD MEMBERS AND OFFICIALS FOR DEPOSITIONS MADE IN A PENDING LAWSUIT BROUGHT AGAINST THE TOWN OF CORTLANDVILLE BY ECONOMY PAVING 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 payment in the amount of $250.00 each to five current/former Planning Board Members and Officials for their time spent on depositions made in a pending lawsuit brought against the Town of Cortlandville by Economy Paving, and it is further RESOLVED, that Attorney DelVecchio, upon his request, shall be excluded from receiving such payment. At this time in the meeting the Board proceeded with new business items. RESOLUTION #149 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #13) REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED MAY 3, 2023 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby authorize approval of payments (Draw #13) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Reome Electrical & General Contractors – Payment to contractor (Wells) – $11,650.00 Reome Electrical & General Contractors – Payment to contractor (Leet) – $12,050.00 Thoma Development Consultants – Payment to contractor (Wells) – $968.40 Thoma Development Consultants – Payment to contractor (Leet) – $1,153.20 RESOLUTION #150 AUTHORIZE THE SUPERVISOR TO SIGN A CONTRACT WITH THOMA DEVELOPMENT CONSULTANTS TO BE THE LEAD GRANT CONSULTANT AND PROVIDE ADMINISTRATIVE SERVICES REGARDING THE TOWN’S AWARDED 2022 ESD PLANNING GRANT #134,435 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 and direct the Town Supervisor to sign a contract between Thoma Development Consultants and the Town of Cortlandville authorizing Thoma Development Consultants to be the lead grant consultant and provide administrative services regarding the Town’s awarded 2022 Empire State Development (ESD) Planning Grant #134,435, and it is further RESOLVED, compensation for services shall be at the Consultant hourly rates as outlined in the contract. RESOLUTION #151 AUTHORIZE THE 1-YEAR LEASE AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND JOHN DIESCHER FOR A PORTION OF TOWN PROPERTY LOCATED AT 3111 BYRNE HOLLOW CROSSING SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby authorize the 1-year lease of approximately ±40 acres of Town property located at 3111 Byrne Hollow Crossing in the Town of Cortlandville, a portion of tax map #105.00-04-02.200, to John Diescher d/b/a Diescher Farms for farming purposes, for the total rent of $2,800.00, and it is further RESOLVED, the agreement shall commence June 1, 2023 and end May 30, 2024, and it is further RESOLVED, this resolution is adopted Subject to Permissive Referendum as required by law. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Fire District Resolution, adopted March 21 2023 by the Board of Fire Commissioners of the Cortlandville Fire District, authorizing the partial real property tax exemption for volunteer firefighters and volunteer ambulance service workers for real property taxes imposed by the Fire District in the Town of Cortlandville. All voting aye, the motion was carried. MAY 3, 2023 TOWN BOARD MEETING PAGE 6 RESOLUTION #152 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY TRIPLE CITY HOLDINGS, LLC TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Triple City Holdings, LLC regarding a new 11,670 square foot warehouse addition to an existing 1,620 square foot commercial building, for property owned by Louis and Mildred Petrella located at 3772 Route 11, tax map #97.02-01-25.000, is hereby received and filed and shall be forwarded to the Town and County Planning Boards for review and recommendations. RESOLUTION #153 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY CORTLANDVILLE PV, LLC TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS AND REQUEST TOWN PLANNING BOARD ACT AS LEAD AGENCY UNDER SEQRA Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Cortlandville PV, LLC for the development of a 5,000 kilowatt AC ground-mounted solar photovoltaic farm, for property located at 3023 Route 215, tax map #106.00-03-13.100, is hereby received and filed and shall be forwarded to the Town and County Planning Boards for review and recommendations, and it is further RESOLVED, the Town Board hereby requests that the Town Planning Board act as Lead Agency under SEQRA. There was a brief discussion regarding the application for a solar farm on Locust Avenue that the Town Zoning Board of Appeals (ZBA) denied a use variance. Councilman Leach asked for the status of the application. Attorney DelVecchio explained that after ZBA denied the use variance the solar company filed an Article 78 Petition against the Town, in which the Supreme Court ruled in favor of the Town. The solar company appealed the decision; the Appellate Division overturned the Supreme Court ruling and ruled in favor of the solar company. The solar company has yet to make further application to the Town or ZBA, but when they do the reapplication would be analyzed with the Appellate Divisions ruling. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the Cortland County Planning Department review and recommendations, dated April 7, 2023, regarding the Aquifer Protection Permit application submitted by Cortland Chrysler Dodge Jeep, Inc. to construct a new 24,460 square foot auto sales and car repair facility for property located at 3878 Route 281, tax map #86.17-01-08.210. All voting aye the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Cortland County Planning Department review and recommendations, dated April 7, 2023, regarding the Aquifer Protection Permit application submitted by Shawn Malchak, dba Cortland Used Cars, for the purpose of replacing a current automobile sales and service building with a new 8,700 sq. ft. facility with accessory parking for 62 vehicles with additional stormwater runoff infrastructure and retention areas, for property located at 3600 Route 281, tax map #95.12-01- 21.000 and #95.12-01-24.000. All voting aye, the motion was carried. MAY 3, 2023 TOWN BOARD MEETING PAGE 7 RESOLUTION #154 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SHAWN MALCHAK DBA CORTLAND USED CARS FOR MAY 17, 2023 AT 5:00 PM Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for May 17, 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 Shawn Malchak, dba Cortland Used Cars, for the purpose of replacing a current automobile sales and service building with a new 8,700 sq. ft. facility with accessory parking for 62 vehicles with additional stormwater runoff infrastructure and retention areas, for property located at 3600 Route 281, tax map #95.12-01-21.000 and #95.12- 01-24.000. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Emergency Spill Response Plan and additional plan pictures regarding the Aquifer Protection Permit application submitted by Shawn Malchak, dba Cortland Used Cars, for the purpose of replacing a current automobile sales and service building with a new 8,700 sq. ft. facility with accessory parking for 62 vehicles with additional stormwater runoff infrastructure and retention areas, for property located at 3600 Route 281, tax map #95.12-01-21.000 and #95.12-01-24.000. RESOLUTION #155 ACKNOWLEDGE TOWN CLERK AND DEPUTY TOWN CLERKS IN HONOR OF PROFESSIONAL MUNICIPAL CLERKS WEEK Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Annual Professional Municipal Clerks Week (April 30, 2023-May 6, 2023) was initiated in 1969 by the International Institute of Municipal Clerks and endorsed by all its members throughout the United States, Canada and 15 other countries, to celebrate and reflect on the importance of the Clerk’s office and the vital services provided by municipal clerks for local government and the community, therefore BE IT RESOLVED, in honor of Professional Municipal Clerks Week, the Town Board does hereby acknowledge Town Clerk, Kristin Rocco-Petrella and Deputy Town Clerks, Abigail Albro, Kathleen Timmerman and Chavonne LaPlant for their work and service to the Town of Cortlandville and the community. RESOLUTION #156 AUTHORIZE USE OF THE RAYMOND G. THORPE MUNICIPAL BUILDING MEETING ROOM ON MAY 4, 2023 BY THE CORTLAND CITY SCHOOL DISTRICT TO HOST A PUBLIC BUDGET MEETING Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the use of the Raymond G. Thorpe Municipal Building Meeting Room on May 4, 2023 from 11:30 a.m. to 12:30 p.m. by the Cortland City School District to host a public budget meeting, and it is further RESOLVED, the correspondence from Alicia Zupanic, Secretary to the Superintendent, dated April 21, 2023 is hereby received and filed. MAY 3, 2023 TOWN BOARD MEETING PAGE 8 There was discussion regarding agenda item I-14 to revise the Town Holiday Schedule and Town Employee Handbook. Supervisor Williams explained that the new holiday schedule provides for Town Hall Summer Hours in which the building would close at 3:00 p.m. for the months of June, July and August. The change would also provide for closing the building at 12:00 p.m. the day before certain holidays and would add a “Spring Celebration Day” rather than “Good Friday”. Town Clerk Rocco-Petrella pointed out the changes in the schedule, reading from the proposal that was provided to the Board. Councilman Leach voiced his concerns with changing policies that are set at the beginning of the year and did not agree with amending the schedule or policy. RESOLUTION #157 AMEND TOWN HOLIDAY SCHEDULE AND TOWN PERSONNEL POLICY EFFECTIVE MAY 3, 2023 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido NAY – Leach ADOPTED BE IT RESOLVED, the Town Board hereby amends the Town Holiday Schedule for the year 2023 (adopted December 21, 2022), and amends the Town Personnel Policy (last updated March 2023) to provide for Summer Hours, in which the Raymond G. Thorpe Municipal Building will close on Fridays at 3:00 p.m. the business day before Memorial Day through the business day before Labor Day, and to include the additional holiday closures at 12:00 p.m. on the business day before the following holidays: Memorial Day, Labor Day, Thanksgiving Day, Christmas Day, New Years Eve, and it is further RESOLVED, the Town Holiday Schedule for the year 2023 is amended as follows: Friday* December 30, 2022 (close at 12:00 pm) New Year’s Day Observed Monday January 2, 2023 Martin Luther King Jr. Day Monday January 16, 2023 Presidents’ Day Monday February 20, 2023 Spring Celebration Friday* April 7, 2023 Friday* May 26, 2023 (close at 12:00 pm) Memorial Day Monday May 29, 2023 Juneteenth Monday June 19, 2023 Independence Day Tuesday July 4, 2023 Friday* September 1, 2023 (close at 12:00 pm) 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 RESOLUTION #158 AUTHORIZE SUPERVISOR TO ISSUE A SEWER REFUND TO JOHN DELVECCHIO IN THE AMOUNT OF $626.02 FOR HIS PROPERTY LOCATED AT 1314 BELL DRIVE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido NAY – Leach ADOPTED WHEREAS, the Town Board received correspondence from Water & Sewer Superintendent, Brian Congdon, dated April 24, 2023, regarding a water leak at a residence on Bell Drive in which it was determined that excess water (111,791 gallons) did not go through the sewer system and that a reduction of the sewer portion of the Water/Sewer bills for three quarters may be considered if requested, and MAY 3, 2023 TOWN BOARD MEETING PAGE 9 WHEREAS, upon review of said request and investigation by the Water and Sewer Department it was recommended that a portion of the sewer bill be forgiven due to the water leak, and WHEREAS, the property owner has paid the quarterly bills in full and has a $0.00 balance, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue a refund to John DelVecchio in the amount of $626.02 in sewer charges for property located at 1314 Bell Drive (Account #1581) in the Town of Cortlandville, and it is further RESOLVED, the refund shall be contingent upon receipt of a formal request from the property owner, and it is further RESOLVED, the Town Clerk is hereby authorized to adjust the sewer benefit tax for the year 2024 if necessary. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file Cortland County Planning Board Resolution #23-07 dated March 5, 2023, concerning a proposed Local Law of 2023, “A Local Law Amending the Town of Cortlandville’s 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. All voting aye, the motion was carried. Attorney DelVecchio explained that the Town Board held a public hearing regarding the proposed local law. The County Planning board returned recommendations suggesting the Board take a further look at the language of the proposed local law. Instead of referencing the specific part of the Fire Code, Attorney DelVecchio explained that he changed the reference, so it just says Fire Code. The County was satisfied with the revision. The Town Planning Board looked at the original recommendations and was in favor of the local law if the change in language was made. While the Town Planning Board did not make a recommendation to the Town Board since they had not received the new County recommendations, Attorney DelVecchio stated he was comfortable with the Board proceeding with action on the local law. RESOLUTION #159 ADOPT LOCAL LAW NO. 3 OF 2023, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 178-76 ZONING CONDITIONAL PERMIT ADDITIONAL SPECIFIC REQUIREMENTS” Motion by Councilman Leach Seconded by Councilman Donlick 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 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, 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 MAY 3, 2023 TOWN BOARD MEETING PAGE 10 BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 178 - 76 Zoning Conditional Permit Additional Specific Requirements”, 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 178-76 Zoning Conditional Permit Additional Specific Requirements.” 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 zoning code conditional permit requirements in conformity with Appendix D Fire Apparatus Access Roads. SECTION 4. CHAPTER 178-76(A)(1) Multifamily dwellings with over four dwelling units must have two means of egress and ingress, unless, at the approval of the Cortlandville Code Office and Cortlandville Board of Fire Commissioners, the building is equipped with proper fire prevention equipment pursuant to the New York State Fire Code Appendix D Fire Apparatus Access Roads D105.1. 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 #160 AUTHORIZE TEMPORARY CLOSURE OF CARROLL STREET ON JUNE 6, 2023 (6:00 PM) FOR THE 2023 CORTLAND COUNTY DAIRY PARADE Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, due to the Main Street DRI project, the 2023 Cortland County Dairy Parade route has changed, with the parade starting at the intersection of Lincoln Ave. and North Main St. in the City of Cortland, proceeding along N. Main St. and Homer Ave. then travelling west on Carroll Street in the Town of Cortlandville and ending at the Cortland County Fairgrounds, and MAY 3, 2023 TOWN BOARD MEETING PAGE 11 WHEREAS, as a result of the change, the Town Highway Superintendent received a request from Nic Dovi, Superintendent of Public Works for the City of Cortland, for the temporary closure of Carroll Street on Tuesday, June 6, 2023 from 4:00 p.m. to 8:00 p.m. for the 2023 Cortland County Dairy Parade, therefore BE IT RESOLVED, the Town Board does hereby authorize the temporary closure of Carroll Street on June 6, 2023 from 4:00 p.m. to 6:00 p.m. to accommodate the 2023 Cortland County Dairy Parade, and it is further RESOLVED, the correspondence from Nic Dovi, Superintendent of Public Works for the City of Cortland, dated April 25, 2023, is hereby received and filed. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the quote from Service Alert Systems Inc., dated April 17, 2023, regarding the Town’s security systems and providing service to the Town of Cortlandville. All voting aye, the motion was carried. RESOLUTION #161 DECLARE A 2005 INTERNATIONAL 10-WHEELER DUMP TRUCK AS SURPLUS EQUIPMENT AND AUTHORIZE HIGHWAY SUPERINTENDENT TO SELL THE TRUCK AT AUCTION 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 declare a 2005 International 10-wheeler Dump Truck (VIN 1HTWXAHTX5J191666) as surplus equipment due to the condition of the truck and cost of repairs, and authorizes Highway Superintendent Drach to sell the truck using Auctions International, and it is further RESOLVED, the correspondence from Highway Superintendent Drach, dated May 1, 2023, is hereby received and filed. RESOLUTION #162 ACCEPT 2022 ANNUAL FINANCIAL REPORT (AUD) OF THE TOWN SUPERVISOR Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Annual Financial Report (AUD) of the Town Supervisor for the year 2022 is hereby accepted and shall be received and filed. RESOLUTION #163 ACKNOWLEDGE SUBMISSION OF THE 2022 AMERICAN RESCUE PLAN ACT (ARPA) ANNUAL REPORT FOR THE TOWN OF CORTLANDVILLE 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 submission of the 2022 American Rescue Plan Act (ARPA) Annual Report for the Town of Cortlandville, as submitted by Financial Administrator, Megan Johnson on April 30, 2023. MAY 3, 2023 TOWN BOARD MEETING PAGE 12 RESOLUTION #164 ACKNOWLEDGE MEGAN JOHNSON, TOWN FINANCIAL ADMINISTRATOR FOR HER WORK ON THE TOWN AUD AND ARPA ANNUAL REPORT 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 Megan Johnson, Town Financial Administrator for her work on the submission of the 2022 Annual Financial Report (AUD) and 2022 American Rescue Plan Act (ARPA) Annual Report for the Town of Cortlandville. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Cobb, to adjourn the Regular Meeting to an Attorney-Client Privileged Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:27 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 June 7, 2023. The final version of this meeting was approved as written at the Town Board meeting of .