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HomeMy WebLinkAboutB - 01 Town Board Minutes 06/07/2023 JUNE 7, 2023 5:06 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2023 A LOCAL LAW AUTHORIZING REAL PROPERTY TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE SERVICE WORKERS A Public Hearing was held by the Town Board of the Town of Cortlandville via Zoom video/telephone conference with Supervisor Williams presiding, concerning a proposed Local Law of 2023 titled, “A Local Law Authorizing Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Service Workers”, providing for a real property tax exemption for the primary residence owned by a volunteer firefighter or volunteer ambulance service workers, pursuant to Real Property Tax Law §466-a. Members present: Supervisor, Thomas A. Williams Councilman, Jeffrey D. Guido Councilman, Jay E. Cobb Councilman, David J. Donlick Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present via Zoom video/telephone conference: Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach; Assistant to the Supervisor, Amanda Rainbow; Recreation Director, John McNerney; Cortlandville Fire Commissioner, Kevin Whitney; Town Residents: Pamela Jenkins; John Reynolds; Melanie Vilardi; News Reporter: Jacob Mack from the Cortland Standard; and News Reporter: Eddie Velasquez from 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 5:08 p.m. JUNE 7, 2023 5:08 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom video/telephone conference Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York with Supervisor Williams presiding. Members present: Supervisor, Thomas A. Williams Councilman, Jeffrey D. Guido Councilman, Jay E. Cobb Councilman, David J. Donlick Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present via Zoom video/telephone conference: Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach; Assistant to the Supervisor, Amanda Rainbow; Recreation Director, John McNerney; Cortlandville Fire Commissioner, Kevin Whitney; Town Residents: Pamela Jenkins; John Reynolds; Melanie Vilardi; News Reporter: Jacob Mack from the Cortland Standard; and News Reporter: Eddie Velasquez from Cortland Voice. Supervisor Williams called the Regular Meeting to order and explained that the meeting was changed to a virtual meeting due to the poor Air Quality Index as a result of the Canadian wildfires. The AQI reached a hazardous level today and the Board did not want to expose the public, employees or officials to the poor air quality by attending the meeting in person. Councilman Leach made a motion, seconded by Councilman Donlick, to approve the Draft Town Board Minutes of May 17, 2023 All voting aye, the motion was carried. There was a brief discussion regarding the purchase order presented for the purchase of two LifePak 1000 defibrillators with additional items. Supervisor Williams explained the importance of purchasing the lifesaving AED devices to be available for emergency use at the Town’s parks. An AED is available at Town Hall for emergencies and fire emergency vehicles are equipped with devices. Quotes were received through the Cortlandville Fire Department (CVFD) for the devices. Supervisor Williams noted the importance of the Town and Fire Department having the same devices for training and maintenance as the CVFD takes care of the maintenance of the devices and training. RESOLUTION #177 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0219 TO ADVANTAGE EMERGENCY DEVICES, INC. FOR THE PURCHASE OF A TWO (2) LIFEPAK 1000 DEFIBRILLATORS WITH STRYKER EMERGENCY RESPONSE KIT, SMALL SURFACE MOUNT AED CABINET WITH LOCAL ALARM, AND REPLACEMENT REDUCED ENERGY ELECTRODES IN AN AMOUNT NOT TO EXCEED $6,710.00 TO BE AVAILABLE AT THE TOWN PARKS 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 sign Purchase Order #0219 to be paid to Advantage Emergency Devices, Inc. for the purchase of two (2) LIFEPAK 1000 Defibrillators for the cost of $2,885.00 each; two (2) Stryker Emergency Response Kits for the cost of $60.00 each; two (2) small surface mount AED cabinet with local alarm for the cost of $259.00 each; and two (2) replacement infant/child reduced energy defibrillation electrodes for the cost of $151.00 each, to be available for emergency use at the Town of Cortlandville parks (Testa Park and GLSC) for the total amount not to exceed $6,710.00. RESOLUTION #178 AUTHORIZE PAYMENT OF VOUCHERS – JUNE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED JUNE 7, 2023 TOWN BOARD MEETING PAGE 2 BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #719-818 HG, SF, SS, SW General Fund A $ 73,211.24 General Fund B $ 13,076.88 Highway Fund DA $ 0.00 Highway Fund DB $ 146,201.72 Gutchess Lumber SC Project HG $ 156,180.52 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 6,025.27 Water Fund SW $ 10,345.68 Funds CD1, CD3, CD4 Voucher #24-25 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 25,443.97 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #15-17 Trust & Agency TA $ 57,423.35 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins spoke in favor of several agenda items. She voiced her approval for the purchase of the defibrillators and spoke in favor of the consideration for a reduction of the speed limit on many roads in the Town including Highland Road, “especially because we don’t have sidewalks on many roads”. She suggested the Board consider decreasing the percentage of people who must sign the petition for a reduction in speed limit to 25% as many people may not be available to sign. Ms. Jenkins also commented on the Aquifer Protection Permit application of Cortland Chrysler Dodge Jeep, Inc. and the Cortland County Planning Board Resolution No. 23-14. She pointed out that the County’s first recommendation was “that the applicant does not increase the impervious surface above the existing 62.5 percent.” Since the property is located within Area 1A of the wellhead protection zone, it was really important not to increase the impervious surface. Ms. Jenkins also mentioned that she neglected to send her comments from the May 17, 2023 Town Board meeting to the Town Clerk or Assistant to the Supervisor until earlier this week. She asked that they be attached to the minutes. Supervisor Williams thanked Ms. Jenkins for her comments. Councilman Leach made a motion, seconded by Councilman Donlick to receive and file the following monthly reports: 1. Code Enforcement Officer, Kevin McMahon – May 2023; 2. Cortland Community SPCA – May 2023; 3. Water & Sewer Department – May 2023; 4. Town Clerk – May 2023; 5. Cortland County Treasurer – June 2023; 6. Tax Collector – May 2023; and 7. Supervisor – April 2023; All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick to receive and file the following two correspondences from Charter Communications, both dated May 30, 2023, regarding programming services. All voting aye, the motion was carried. Under old business, the Board took action regarding the proposed Local Law providing for a real property tax exemption for the primary residence owned by a volunteer firefighter or volunteer ambulance service workers, pursuant to Real Property Tax Law §466-a. JUNE 7, 2023 TOWN BOARD MEETING PAGE 3 RESOLUTION #179 ADOPT LOCAL LAW NO. 4 OF 2023, “A LOCAL LAW AUTHORIZING REAL PROPERTY TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE SERVICE WORKERS” Motion by Councilman Leach Seconded by Councilman Donlick VOTES: Supervisor Williams AYE Councilman Cobb ABSTAIN 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 Authorizing Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Service Workers”, providing for a real property tax exemption for the primary residence owned by a volunteer firefighter or volunteer ambulance service workers, pursuant to Real Property Tax Law §466-a, 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. 4 of 2023, “A Local Law Authorizing Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Service Workers”, 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 “Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Service Workers.” 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 state Real Property Tax Law has been amended by adding a new §466-a regarding a partial real property tax exemption for the primary residence owned by a volunteer firefighter or volunteer ambulance service workers. The intent of this local law is to continue and expand the partial real property tax exemption currently offered by the Town consistent with the terms of the newly amended statute. SECTION 4. GRANT OF EXEMPTION. JUNE 7, 2023 TOWN BOARD MEETING PAGE 4 Residential real property owned by an enrolled member of the Cortlandville Fire Department shall be exempt from taxation and assessments levied by the Town to the extent of ten percent (10%) of the assessed value of such property, exclusive of special assessments, subject to the requirements set forth in this Local Law. SECTION 5. ELIGIBILITY. Such exemption shall not be granted unless: A. The applicant resides in the Town of Cortlandville; B. the property is the primary residence of the applicant; C. the property is used exclusively for residential purposes, however, that if any portion of such property is not used exclusively for the applicant’s residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this local law; and D. the applicant has been certified by the Board of Fire Commissioners of the Fire District as an enrolled member who has served the Cortlandville Fire Department for at least two years. The applicant must submit such certification together with the tax exemption application. SECTION 6. GRANT OF LIFETIME EXEMPTION. Any enrolled member of the Cortlandville Fire Department who accrues more than twenty years of active service, and is so certified by the Board of Fire Commissioners of the Fire District, shall be granted the ten percent (10%) exemption authorized by this local law for the remainder of his or her life as long as his or her primary residence is located within the Town of Cortlandville. SECTION 7. EXEMPTION FOR SPOUSE OF DECEASED MEMBER KILLED IN LINE OF DUTY. The property tax exemption authorized by this local law and granted to an enrolled member of the Cortlandville Fire Department shall, upon application, be continued to such deceased enrolled member’s un-remarried spouse if such member is killed in the line of duty, provided that: A. Such un-remarried spouse is certified by the Board of Fire Commissioners of the Fire District as an un-remarried spouse of such enrolled member who was killed in the line of duty; B. such deceased volunteer had been an enrolled member for at least five (5) years; and C. such deceased volunteer had been receiving the exemption prior to his or her death. SECTION 8. EXEMPTION FOR SPOUSE OF DECEASED MEMBER NOT KILLED IN THE LINE OF DUTY. The property tax exemption authorized by this local law and granted to an enrolled member of the Cortlandville Fire Department shall, upon application, be continued to such deceased enrolled member’s un-remarried spouse, provided that: A. Such un-remarried spouse is certified by the Board of Fire Commissioners of the Fire District as an un-remarried spouse of such enrolled member; B. such deceased volunteer had been an enrolled member for at least twenty (20) years; and C. such deceased volunteer and un-remarried spouse had been receiving the exemption prior to the death of such volunteer. SECTION 9. APPLICATION. An application form for such exemption and a certification provided by the Board of Fire Commissioners of the Fire District shall be filed with the Assessor for the Town of Cortlandville on or before the taxable status date of each year or as otherwise required as prescribed by New York State. JUNE 7, 2023 TOWN BOARD MEETING PAGE 5 SECTION 10. NO DIMINUTION OF BENEFITS. No applicant who is a volunteer firefighter or ambulance worker who by reason of such status is receiving any benefit under the provisions of Article 4of the New York State Real Property Tax Law on the effective date of this local law shall suffer any diminution of such benefits because of the provisions of this Local Law. SECTION 11. 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 12. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law. Attorney DelVecchio reported: Attorney DelVecchio commented on the successful opening day of GLSC, giving accolades to all those who were involved in the event, with special mention of Recreation Director, John McNerney. Town Clerk Rocco-Petrella reported that Local Law No. 3 of 2023 was filed with the State effective May 23, 2023. She requested they acknowledge the notification of the filing. RESOLUTION #180 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 3 OF 2023 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 3 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 178-76 Zoning Conditional Permit Additional Specific Requirements”, to be effective May 23, 2023. Town Clerk Rocco-Petrella informed the Board that Deputy Town Clerk, Kathleen Timmerman successfully completed one-year of service. Pursuant to her appointment and employment contract, a $500.00 increase in salary would be given at the conclusion of one-year. Town Clerk Rocco-Petrella added that Mrs. Timmerman was an appreciated member of her team. RESOLUTION #181 ACKNOWLEDGE SUCCESSFUL COMPLETION OF ONE- YEAR OF SERVICE AND SALARY INCREASE FOR DEPUTY TOWN CLERK, KATHLEEN M.A. TIMMERMAN Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge that Kathleen M.A. Timmerman, Deputy Town Clerk, has successfully completed her one-year of service for the Town Clerk’s Office as of May 19, 2023, and it further RESOLVED, that per the provisions of her employment contract, the salary increase of $500.00 for Kathleen M.A. Timmerman is hereby authorized effective May 20, 2023. JUNE 7, 2023 TOWN BOARD MEETING PAGE 6 RESOLUTION #182 APPROVE QUOTE FROM PLAN FIRST TECHNOLOGIES TO PROVIDE A 2-YEAR LICENSE FOR SONICWALL TZ470 AND MANAGED BACKUP SERVICES FOR TOWN COMPUTERS/SERVERS Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby approve the quote from Plan First Technologies (received June 6, 2023) for the purchase of equipment and labor to provide local backups, for the total cost of $1,912.69, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the quotes for the service. Town Board Member reports: Councilman Leach recalled conversation from the last Board meeting and suggested the Board consider holding Town Board meetings in the Village of McGraw, Blodgett Mills and perhaps at the Living History Museum. Members of the Board agreed they would like to pursue holding meetings at different locations in the Town in the future. Supervisor Williams suggested that Councilman Leach make a motion to reach out to the Living History Museum to allow the Board to hold a meeting at their facility this year. RESOLUTION #183 AUTHORIZE COUNCILMAN LEACH TO CONTACT THE LIVING HISTORY MUSEUM TO REQUEST PERMISSION TO USE THE FACILITY FOR A FUTURE TOWN BOARD MEETING 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 Councilman Leach to contact the Living History Museum in the Town of Cortlandville to request permission to use the facility for a future Town Board meeting. Councilman Leach also commented on the performance by the McGraw Marching Band at opening day of the Gutchess Lumber Sports Complex. He also thanked Dr. Almstead and Guthrie Medical for their partnership with the Town. Supervisor Williams asked the Town Clerk to display the photo of the marching band from the event and spoke about the event and how it was great for the community. Councilman Guido excused himself from the meeting at 5:33 p.m. in order to present a scholarship in memory of his father at Cortland High School. At this time in the meeting the Board proceeded with new business items. RESOLUTION #184 APPOINT AMANDA K. RAINBOW AS “AIDE TO THE SUPERVISOR” FOR THE TOWN OF CORTLANDVILLE EFFECTIVE JUNE 7, 2023 Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED JUNE 7, 2023 TOWN BOARD MEETING PAGE 7 WHEREAS, per Town Board Resolution #218 of 2022, the Town Board acknowledged the transition of Amanda K. Rainbow from the position/title “Assistant to the Aide to the Supervisor” to the “Assistant to the Supervisor” effective July 21, 2022, and WHEREAS, due to the resignation for retirement of Patricia R. O’Mara effective June 5, 2023 there is an official vacancy for the position of full-time “Aide to the Supervisor” for the Town of Cortlandville, therefore BE IT RESOLVED, that the Assistant to the Supervisor, Amanda K. Rainbow of 35 W. Academy St., McGraw, New York, is hereby appointed as the full-time “Aide to the Supervisor” (title to remain Assistant to the Supervisor) for the Town of Cortlandville, effective June 7, 2023, and it is further RESOLVED, there shall be no change to Ms. Rainbow’s current salary at this time. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from New York State Empire State Development regarding Gutchess Lumber Sports Complex Phase 2 Capital Grant No. 133,379 Virtual Public Hearing to be held remotely on Thursday, June 15, 2023, from 2:00 p.m. to 3:00 p.m. via Zoom video communications and teleconferencing platform. All voting aye, the motion was carried. RESOLUTION #185 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #15) REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) Motion by Councilman Donlick Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, the Town Board does hereby authorize approval of payments (Draw #15) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Empire Construction of CNY, LLC – Payment to contractor (Mowry) - $20,000.00 Reome Electrical & General Contracting – Payment to contractor (Evangelista) – $18,675.00 Thoma Development Consultants – Program Delivery – $6,150.00 Thoma Development Consultants – Administration – $1,550.00 Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from the Town of Huntington, dated May 10, 2023, regarding the request to support a Resolution urging the New York State Legislature and Governor Kathy Hochul to draft and enact Legislation regarding a Voter’s Identification Process. All voting aye, the motion was carried. RESOLUTION #186 AUTHORIZE THE USE OF THE PETER ALTERI JR. MUNICIPAL GARAGE AS A POLLING SITE FOR THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the use of the Peter Alteri Municipal Garage as a polling site for the General Election on Tuesday, November 7, 2023 from 5:00 a.m. to 9:30 p.m. by the County Board of Election, and it is further JUNE 7, 2023 TOWN BOARD MEETING PAGE 8 RESOLVED, the correspondence from the Cortland County Board of Elections, dated May 17, 2023 is hereby received and filed. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file correspondence from the New York State Department of Taxation and Finance Office of Real Property Tax Services, dated May 18, 2023, regarding the Cortland County 2023 Equalization Rate Status in which the Town of Cortlandville is at 70% of the full assessed value. All voting aye, the motion was carried. RESOLUTION #187 AUTHORIZE USE OF THE PETER ALTERI JR. MUNICIPAL GARAGE AS A POLLING SITE ON JUNE 20, 2023 BY THE CORTLAND CITY SCHOOL DISTRICT FOR THE BUDGET VOTE Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the use of the Peter Alteri Municipal Garage as a polling site on June 20, 2023 from 11:30 a.m. to 9:30 p.m. by the Cortland City School District for the Budget Vote, and it is further RESOLVED, the correspondence from Alicia Zupanic, Secretary to the Superintendent, dated May 18, 2023 is hereby received and filed. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the Preliminary Site Plan, Erosion & Sediment Control Plan and associated documents pertaining to the Aquifer Protection Permit of Triple City Holdings, LLC for property located at 3772 US Route 11, tax map #97.02-01-25.000. All voting aye, the motion was carried. RESOLUTION #188 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY TRIPLE CITIES HOLDINGS, LLC FOR JUNE 21, 2023 AT 5:00 PM Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for June 21, 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 Triple Cities Holdings, LLC for property owned by Louis and Mildred Petrella, for the purposed of constructing an 11,670 sq. ft. warehouse addition to an existing 1,620 sq. ft. building with new pavement for parking and truck deliveries, for property described as 3772 US Route 11 in the Town of Cortlandville, tax map #97.02-01- 25.000. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file correspondence from Lamont Memorial Free Library, dated May 18, 2023, regarding the 2022 Community Report and thanking the Cortlandville Town Board for their support. All voting aye, the motion was carried. JUNE 7, 2023 TOWN BOARD MEETING PAGE 9 RESOLUTION #189 ESTABLISH A POLICY AND PROCEDURE FOR THE TOWN BOARD TO CONSIDER THE REDUCTION OF SPEED LIMITS ON TOWN ROADS IN THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, the Town Board does hereby establish a policy and procedure for the Town Board to consider the reduction of speed limits on Town roads in the Town of Cortlandville as follows: Town of Cortlandville Speed Limit Change Procedures New York State Legislation A. 1007-A/S.2021-A signed into law on August 11, 2022 authorized New York State Towns the right to establish maximum speed limits on town roads as low as 25 miles per hour. 1. Petition. A request of the Town of Cortlandville Town Board, pursuant to the above referenced New York State Legislation, to establish a lower maximum speed at which vehicles may proceed on ______________________________, a Cortlandville Town Road between tax map identification # _____________________ and tax map identification #_____________________. The petition must be signed by at least 50% of the property owners on the identified town road. 2. Town Highway Superintendent Recommendations. Upon presentation of the petition to establish a lower maximum speed limit, the Town Highway Superintendent shall review the petition for safety or legal considerations, and make recommendations to the Town of Cortlandville Town Board. 3. Town of Cortlandville Town Board Local Law Adoption. Upon presentation of the petition, along with the Town Highway Superintendent recommendations, the Town of Cortlandville Town Board will place the petition on the agenda, and vote on the local law. There was a brief discussion regarding additional trash pickup at Gutchess Lumber Sports Complex. Councilman Leach state that he reviewed the information and suggested that Casella Waste be contacted and ask for double pick up per week as opposed to an extra pickup per week. second pickup. He suggested a better price may be available. He also questioned the amount of trash at the park, especially without food vendors at the park. Recreation Director McNerney assured the Board that the waste at the park was being generated at the park; he did not believe that people were dumping trash at the park. The Board agreed to table the matter to allow time for Highway Superintendent Drach to reach out to Casella Waste, Inc. regarding the quote. Highway Superintendent briefly explained the quote and the pricing. RESOLUTION #190 TABLE ACTION REGARDING AUTHORIZATION FOR ADDITIONAL TRASH PICKUPS AT GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED JUNE 7, 2023 TOWN BOARD MEETING PAGE 10 BE IT RESOLVED, the Town Board hereby tables action regarding authorization for additional trash pickups at Gutchess Lumber Sports Complex during the months of June, July and August by Casella Waste Systems Inc. RESOLUTION #191 AUTHORIZE SUPERVISOR TO HIRE JACOB RIVERS AS A FULL-TIME PARKS AND RECREATION MAINTENANCE SUPERVISOR FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED WHEREAS, per Town Board Resolution #128 of 2023 adopted April 5, 2023, the Town Board created one new full-time position titled “Parks and Recreation Maintenance Supervisor” for the Town of Cortlandville in accordance with the Civil Service Law and Rules, and WHEREAS, the position was posted, applications were reviewed, and interviews were conducted, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to hire Jacob Rivers of 1 Lynwood Ave., Cortland, New York as the full-time Parks and Recreation Maintenance Supervisor for the Town of Cortlandville, effective June 8, 2023, at the salary of $43,000.00, and it is further RESOLVED, the position shall be subject to the successful completion of a civil service examination to be held at a future date. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file Cortland County Planning Board Resolution No. 23-14, dated April 19, 2023, and the Redevelopment Plans dated May 23, 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 RESOLUTION #192 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY CORTLAND CHRYSLER DODGE JEEP, INC. FOR JUNE 21, 2023 AT 5:00 PM Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for June 21, 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 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 in the Town of Cortlandville, tax map #86.17-01-08.210. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file Cortland County Planning Board Resolution No. 23-13, dated April 19, 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. JUNE 7, 2023 TOWN BOARD MEETING PAGE 11 There was discussion regarding agenda item J-17, “Resolution to adopt the Town of Cortlandville Facility Request Form and authorize John McNerney, Parks & Recreation Director to manage applications”. Supervisor Williams explained that Recreation Director McNerney has been working on the application and that it was reviewed by Attorney DelVecchio. Councilman Donlick made a motion, seconded by Councilman Cobb, to approve the application. Discussion occurred. Councilman Leach suggested that without the Board taking a look at the vendors that will be allowed at the park, that the Board exclude ice cream (soft serve) from being sold at the park. He stated there are ice cream establishments in Cortlandville that are paying taxes and he “would not want to see ice cream being sold there as opposed to one of the other places that are paying taxes. … I wouldn’t want a vending truck taking away from anybody…” He also suggested that even at the concession stand that will be built at GLSC, he would like consideration for any company or establishment that is paying property taxes. Supervisor Williams stated that “open’s somewhat of a pandora’s box”. He asked at what distance? Councilman Leach was not sure how to answer the question, and that if “pandora’s box gets opened then we can research it”. He stated that people are paying a lot of money to be in business these days; if people come in and go to the ball parks and go someplace else for food that’s a good idea. Supervisor Williams asked, “what about people selling pizza?” He suggested that if you exclude one you exclude the other. Supervisor Williams suggested that if the Board wanted to table the matter to look at it in more detail they could, but stated it was necessary before taking one minor thing out. Councilman Leach made a motion to table action to allow time to look at the application in more detail. RESOLUTION #193 TABLE ACTION REGARDING THE PROPOSED TOWN OF CORTLANDVILLE PARKS/VENDING FOOD TRUCK APPLICATION Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, the Town Board hereby tables action regarding the proposed Town of Cortlandville Parks/Vending Food Truck Application to allow time for the Board to examine the application in more detail. RESOLUTION #194 ADOPT THE TOWN OF CORTLANDVILLE PARKS & RECREATION FACILITY REQUEST FORM AND AUTHORIZE RECREATION DIRECTOR TO MANAGE THE APPLICATIONS Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, the Town Board hereby adopts the Town of Cortlandville Parks & Recreation Facility Request Form and authorizes Recreation Director, John McNerney, to manage the applications. RESOLUTION #195 AUTHORIZE SUPERVISOR TO HIRE PATRICIA R. O’MARA AS A PART-TIME CONTRACT EMPLOYEE FOR THE TOWN OF CORTLANDVILLE AS A FIXED ASSETS TRAINER FOR THE TOWN SUPERVISOR Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick NAY – Leach ABSENT – Guido ADOPTED JUNE 7, 2023 TOWN BOARD MEETING PAGE 12 BE IT RESOLVED, the Town Board hereby authorizes the Supervisor to hire Patricia R. O’Mara, 695 Hatcher’s Run, Cortland, New York as a part-time contract employee for the Town of Cortlandville as a Fixed Assets Trainer for the Town Supervisor effective June 21, 2023, and it is further RESOLVED, Mrs. O’Mara shall be paid a wage of $30.00 per hour with no benefits. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Water & Sewer Report and associated documents pertaining to the Aquifer Protection Permit application of Regan Development to construct a four-story mixed-use building consisting of 68 apartment units and 6,278 square feet of commercial space, for property located at 968 Route 13, tax map #96.13-01-02.110. All voting aye, the motion was carried. RESOLUTION #196 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY REGAN DEVELOPMENT FOR JUNE 21, 2023 AT 5:00 PM Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Leach NAY – 0 ABSENT – Guido ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for June 21, 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 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 in the Town of Cortlandville, tax map #86.17-01-08.210. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from the Cortland County Health Department, dated June 6, 2023, regarding the Air Quality Health Advisory for Cortland County and Surrounding Counties. All voting aye, the motion was carried. Supervisor Williams briefly discussed the poor air quality as a result of the wildfires in Canada, which was the reason the Board was conducting its meeting via Zoom videoconference. He explained that there is an App that the Town has been using to view the air quality readings. At the moment, the air quality was 361 in the Town of Cortlandville; 30 minutes ago, the read was 460. Over 300 is hazardous with 500 at the top of the scale. He mentioned that the Town Highway Department would not be working tomorrow as they were outside paving today. A decision will be made in the morning as to whether the Town Hall will be open to the public tomorrow as well. With no further business to be heard, Supervisor Williams adjourned the meeting. The meeting was adjourned at 6:01 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 26, 2023. The final version of this meeting was approved as written at the Town Board meeting of .