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HomeMy WebLinkAboutB - 01 Town Board Minutes 09/20/2023 SEPTEMBER 20, 2023 5:01 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: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach; Chief Court Clerk, Margaret Capps; Town Residents: Pamela Jenkins; Robert Martin; Gary Freelove; Beth Gammon; Gerry Ruggiero. Others present 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 Guido made a motion, seconded by Councilman Donlick, to approve the Draft Town Board Minutes of August 2, 2023, August 16, 2023 and September 6, 2023. All voting aye, the motion was carried. RESOLUTION #269 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0235 TO DELL TECHNOLOGIES TO PURCHASE A NEW COMPUTER AND TWO MONITORS FOR THE CLERK TO THE TOWN ASSESSOR FOR THE TOTAL COST OF $1,067.49 Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0188 to be paid to DELL Technologies (State Contract #C000000005000), for the purchase of one (1) new computer, OptiPlex 7010 Small Form Factor, Intel Core i5- 10505/Windows 10 in the amount of $860.27, two (2) new 22” Dell monitors (NYS OGS Aggregate Buy Contract #000000886542) for the cost of $101.41 each, and two (2) HDMI cables for the cost of $2.20 each, for the Clerk to the Town Assessor, for the total cost of $1,067.49. RESOLUTION #270 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1490 TO MIDLAND MACHINERY FOR A ROLLER ASSEMBLY FOR THE TOWN HIGHWAY DEPARTMENT’S SHOULDER MACHINE FOR THE TOTAL COST OF $11,472.25 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1490 to be paid to Midland Machinery, as requested by Highway Superintendent Drach, for the purchase of a Roller Assembly for the Town Highway Department’s shoulder machine to include a SA-157-11/wheel, 16x5, mold on rubber for the cost of $3,283.84, a S-1609/ push roller assembly for the cost of $8,178.41, and $10.00 handling fee, for the total cost of $11,472.25. SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 2 RESOLUTION #271 AUTHORIZE PAYMENT OF VOUCHERS – SEPTEMBER Motion by Councilman Leach Seconded by Councilman Cobb 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 #1269-1342 HG, SF, SS, SW General Fund A $ 65,878.45 General Fund B $ 5,021.45 Highway Fund DA $ 0.00 Highway Fund DB $ 70,540.59 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 13,272.97 Water Fund SW $ 18,498.17 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 #27-29 Trust & Agency TA $ 54,845.77 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Gary Freelove. Town resident, Gary Freelove addressed the Board in regard to the speed limit on Highland Road and his previous request for a reduction in the speed limit and children at play signs. He talked about accidents that have occurred on the road, the high speeds that motorists travel, and stated that he and the residents of the road are not giving up on their request for a lower speed limit. Mr. Freelove indicated that he received the letter from the Town that explained the new process for requesting a change in the speed limit and would be submitting the required paperwork in the future. Attorney DelVecchio explained that the NYS Legislature adopted legislation giving the Town the right to potentially lower the speed limit. Supervisor Williams explained that a petition signed by more than 50% of residents who live on the road must be submitted to the Board. Attorney DelVecchio added that if the Board receives the petition with the proper signatures, they will then consider adopting a local law. Mr. Freelove also mentioned that he spoke with the Code Office regarding the placement of small yard signs that read “slow, children at play”. He asked for the Town’s support in putting the signs in yards on Highland Road to alert drivers and slow them down. He reiterated that he wants the speed limit lowered and to keep children safe. There was a brief discussion regarding the signs Mr. Freelove intended to put up. Supervisor Williams thanked Mr. Freelove for his comments. Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins agreed with Mr. Freelove and his request to reduce the speed limit on Highland Road, noting there are many runners, walkers and strollers on the road. Ms. Jenkins then spoke in regard to several agenda items and issues before the Town Board, and later submitted her written comments to the Town Clerk for the record. First, she requested the Board withdraw agenda item J-12 regarding the rezoning of the area south of Bennie Road to Gracie Road, along Route 13. She stated that the justification given “makes no sense … the land has already been reserved for future growth and many of the parcels are already developed … by rezoning you would change the allowed uses.” Ms. Jenkins pointed out that a zone change to B-3 would allow gas stations to be built in shopping plazas with a special permit; gas stations are currently prohibited in the area proposed to be re-zoned. She stated that the adopted Comprehensive Plan has this area mapped to be a Highway Commercial, Agricultural Conservation and Light Industrial Business Park. The re-zone would “conflict with the adopted Farmland Protection Plan and would conflict with our Aquifer Protection/Wellhead Protection Plan”. She also stated that the Town Board would “violate NYS zoning law in many ways if you were to adopt such zoning”. SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 3 Ms. Jenkins commented on the Town’s contract renewal with Cardinale & DelVecchio law firm that was adopted at the last Town Board meeting for the total cost of $39,600 per year. She stated, “all resolutions and contracts being considered for discussion and vote at a meeting are required to be posted on the Town website”. Ms. Jenkins commented on agenda item J-8 regarding a proposed local law to override the 2% tax cap. Rather than overriding the tax cap, she suggested the elimination of the following: contract with Cardinale & DelVecchio for $39,600; Budget Officer salary of $26,794; two Deputy Supervisor salaries of $5,195 each; $12,000 per year to Richard Tupper. Ms. Jenkins noted that the elimination of the payments was approximately $87,000, or “the amount you erroneously claim will be saved if you get rid of one of our elected judges”. Ms. Jenkins continued stating, “We know that getting rid of one of the judges will not save money because the service and work has to be done, often someone else would have to be paid to do the work that the other justice could not do due to recusals and conflicts of interest. Also getting rid of one of our elected judges would decrease accessibility and would increase inconvenience for taxpayers who would have to travel to other courts.” Supervisor Williams thanked Ms. Jenkins for her comments. Supervisor Williams offered privilege of the floor to Bob Martin. Town resident, Bob Martin commented on the proposition that would be on the November 2023 election ballot to eliminate the 2nd Town Justice position. He commented on the Town’s Fall 2023 Newsletter and the two articles published regarding the proposal. He asked the following questions to the Board: Has the Court ever been profitable? Can one judge handle the caseload? What are the other cost savings? Mr. Martin suggested the Board hold an open town hall meeting to discuss the issue. Supervisor Williams thanked Mr. Martin for his comments. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1. Town Justice Mathey and Town Justice DeMarco – August 2023; 2. Code Enforcement Officer, Kevin McMahon – August 2023; 3. Cortland Community SPCA – August, 2023; and 4. Town Supervisor – August 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from Charter Communication, dated September 12, 2023 and September 15, 2023, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella informed the Board she received the Proposed 2024 Budget for the Cortlandville Fire District and asked that it be received and filed. She also mentioned that the quarterly water/sewer bills were being prepared and would be mailed by September 30, 2023 and payable by October 31, 2023 without penalty. Finally, she thanked the Board for their personal contributions towards the annual Cortlandville Employee Picnic held on September 15, 2023 which she said was well attended and appreciated by those who attended. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the Proposed 2024 Budget for the Cortlandville Fire District. All voting aye, the motion was carried. Attorney DelVecchio reported: Gutchess Lumber Sports Complex: Attorney DelVecchio briefly discussed the Gutchess Lumber Sports Complex project and allegations made over the years with respect to decisions that have been made and procedures followed. He stated that earlier this year he was contacted by the Empire State Development grant representatives about allegations brought forward to that agency. He stated, “every allegation that comes toward the Town I take very seriously.” He indicated that he provided the ESD with information about the steps the Town took over the last couple of years and responded to those allegations and responded with supporting documentation. Attorney DelVecchio informed the SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 4 Board that he received word from the agency that “all of those allegations were debunked” and were “shot down completely”. He stated that he wanted everyone to know that the Town did what it should have done and that he was going to continue to work hard on the project. He named Pam Jenkins as the person who made the allegations to the ESD. He stated, “it’s very good to have the public come in and keep an eye on what this board and what the Town does, especially when public funds are utilized. … What’s not a good thing is for members of the public to go through legal channels, administrative channels, and make bold allegations that aren’t true.” At this time, Ms. Jenkins asked to speak, which Supervisor Williams did not allow since the public comment period of the meeting was over. He suggested she respond at the next meeting or in writing. Attorney DelVecchio continued, stating he would release the document after it gets adopted by the ESD with the findings in it. He stated that he was hopeful that it would be reported on correctly and that the public is educated about issues that we’ve dealt with and will continue to deal with. Town Board Member Reports: Councilman Leach commented on Mr. Freelove’s concerns and asked if the Town could place the speed indicator signs on Highland Road and ask the Sheriff to patrol for speeding motorists. He wanted the residents to know that the Town has worked on their behalf and stated this is not new to us. Highway Superintendent Drach explained that the Town’s speed indicator signs have been on Highland Road all summer and were just recently removed. Councilman Leach also asked how the hamlet Polkville received its name and suggested it be researched. Councilman Guido and Supervisor Williams shared the two stories of which they were aware. The Town Historian would look into the question. Councilman Donlick informed the Board he received a complaint about someone dumping furniture at the end of Westvale Drive and Route 222 and he asked if “no dumping” signs could be posted. Highway Superintendent Drach would reach out to the NYS DOT. He explained that they may be removing the items if they were left in the road right of way. Councilman Cobb reported that he made arrangements for the Town Board to hold the November 15, 2023 regular meeting at the McGraw Community Building at 5:00 p.m. The appropriate notice would be provided to the news media and public to inform them of the change. RESOLUTION #272 AUTHORIZE REGULAR TOWN BOARD MEETING OF NOVEMBER 15, 2023 TO BE HELD AT THE MCGRAW COMMUNITY BUILDING AT 5:00 P.M. Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the Regular Town Board meeting scheduled for Wednesday, November 15, 2023 at 5:00 p.m. to be held at the McGraw Community Building located at 15 Clinton Street in the Village of McGraw, Town of Cortlandville, and further directs the Town Clerk to publish notice regarding the change in location. Supervisor Williams reported: 2024 Budget: Supervisor Willaims reported the 2024 Budget preparation was underway and explained that the cost of living raise for employees and officials that was being used for the budget was 3.2%. Human Resources Consultant: Supervisor Williams recalled that at the last meeting the Board authorized the continuation of work by HR Consultant, Sylvia Hall to work with Financial Administrator, Megan Johnson SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 5 regarding employee hiring and the paperwork involved. He mentioned that he has had preliminary conversations with Ms. Hall regarding assisting the Town in creating a town-wide job classification system in which every employee would be placed in a particular class, enumerated, and create a step system for hiring rates and the next steps. He stated that he would have another conversation with Ms. Hall about assisting the Town with that task after her work with Ms. Johnson was complete. Electric Vehicle and Charging Stations: Supervisor Williams requested Board authorization to hire Philip Morse as Clerk of the Works for the Town’s electric vehicle charging station project, which would involve the Raymond G. Thorpe Municipal Building, Testa Park and Gutchess Lumber Sports Complex (GLSC). Mr. Morse worked in the same capacity for the Town for Phase 2 of GLSC. RESOLUTION #273 AUTHORIZE SUPERVISOR TO HIRE PHILIP MORSE AS CLERK OF THE WORKS FOR THE TOWN’S PROJECT WITH GREENSPOT JC, LLC TO INSTALL ELECTRIC VEHICLE CHARGING STATIONS ON TOWN PROPERTY Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to hire Phil Morse as Clerk of the Works for the Town’s project with Greenspot JC, LLC to provide and install electric vehicle charging services on Town property, for the duration of the project at a rate of $75.00 per hour. Audit of Vouchers: Supervisor Williams requested that Board Members audit the vouchers after 1:00 p.m. on the day of the Town Board Meetings, or to make arrangements with Financial Administrator, Megan Johnson to review the vouchers earlier, in order to provide her adequate time to finish her work processes. The Board agreed with the Supervisor’s request. At this time in the meeting, the Board proceeded with new business items. RESOLUTION #274 AUTHORIZE SUPERVISOR TO EXECUTE DISCHARGE OF MORTGAGE BETWEEN THE TOWN AND RENEE HAMMOND REGARDING THE 2016 NYS COMMUNITY DEVELOPMENT BLOCK GRANT TOWNWIDE HOUSING REHABILITATION PROGRAM 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 authorize and direct the Supervisor to execute the discharge of mortgage between the Town and Renee Hammond, 40 Clinton Street, McGraw, New York, regarding the 2016 NYS Community Development Block Grant (CDBG) Townwide Housing Rehabilitation Program (#287HR326-16), in the amount of $30,107.60. SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 6 RESOLUTION #275 AUTHORIZE NEW APPLICANT APPROVAL REQUEST OF LISA WEAVER FOR THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the new applicant approval request of Lisa Weaver for property located at 4009 (2) Crestwood Court in the Town of Cortlandville, for a 100% deferred loan for the 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21), and it is further RESOLVED, the work to be completed includes roofing, windows and doors, flooring, painting, plumbing and other, for a total cost of $38,290.00. RESOLUTION #276 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #18) 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 #18) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Reome Electrical & General Contracting – Payment to Contractor (Brown) - $12,000.00 Reome Electrical & General Contracting – Payment to Contractor (Cutler) - $15,000.00 Thoma Development Consultants – Payment to Contractor (Brown) – $783.60 Thoma Development Consultants – Payment to Contractor (Cutler) – $1,000.00 Thoma Development Consultants – Payment to Contractor (Weaver) – $1,400.00 Town of Cortlandville – Payment to Supplier (Brown) – $50.00 Town of Cortlandville – Payment to Supplier (Cutler) – $50.00 Town of Cortlandville – Payment to Supplier (Weaver) – $50.00 RESOLUTION #277 REAPPOINT LOUIS D. CLOSSON TO THE BOARD OF ASSESSMENT REVIEW 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 reappoint Louis D. Closson, 3706 West River Road, Cortland, New York, to the Cortlandville Board of Assessment Review for a five-year term commencing October 1, 2023 and expiring September 30, 2028. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Cortland County, dated September 8, 2023, regarding Opioid Settlement Funds and the solicitation of proposals from organizations serving Cortland County that have a desire to address treatment and prevention of opioid and related substance abuse. All voting aye, the motion was carried. SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 7 RESOLUTION #278 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW OF 2023 TO OVERRIDE THE TAX LEVY LIMIT Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby acknowledges receipt of a proposed Local Law of 2023 to override the tax levy limit to allow the Town of Cortlandville, if necessary, to adopt a town budget for the year 2024 that is in excess of the “tax levy limit” as defined by General Municipal Law, and it is further RESOLVED, a public hearing was previously scheduled for October 4, 2023 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, concerning the proposed local law. RESOLUTION #279 AMEND TOWN BOARD RESOLUTION #121 OF 2023, TO AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1484 TO ALTA CONSTRUCTION EQUIPMENT FOR THE PURCHASE OF A 2023 VOLVO L70H WHEEL LOADER IN AN AMOUNT NOT TO EXCEED $190,162.00 FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #121 of 2023, adopted April 5, 2023, the Town Board authorized and directed the Supervisor to sign Purchase Order #1484, as submitted by Highway Superintendent, Larry Drach to be paid to Alta Construction Equipment for the purchase of a 2023 Volvo L70H wheel loader, for the total amount not to exceed $168,162.00, and WHEREAS, included in the purchase price was the trade-in value of the Town Highway Department’s 2007 New Holland Loader W170B which Highway Superintendent Drach planned to trade-in, and WHEREAS, the Town has decided not to trade-in the Loader, but to instead use it as a second roadside mower by attaching a Loader Boom Mower with 50” Rotary head as approved by the Town Board at the August 2, 2023 Town Board Meeting, therefore BE IT RESOLVED, the Town Board hereby amends Resolution #121 of 2023, adopted April 5, 2023, to authorize and direct the Supervisor to sign Purchase Order #1484, as submitted by Highway Superintendent, Larry Drach to be paid to Alta Construction Equipment for the purchase of a 2023 Volvo L70H wheel loader, for the total amount not to exceed $190,162.00. RESOLUTION #280 APPROVE PROFESSIONAL SERVICE AGREEMENT BETWEEN ZELVIN SECURITY, LLC AND THE TOWN OF CORTLANDVILLE TO PROVIDE AN “EXTERNAL VULNERABILITY ASSESSMENT” OF THE TOWN’S INTERNET INFRASTRUCTURE 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 approve the professional service agreement between Zelvin Security, LLC and the Town of Cortlandville to provide an “External Vulnerability Assessment” of the Town’s Internet Infrastructure (i.e. firewalls, DNS servers, routers, load balancers, and supporting systems) as required by the Town’s Cyber Security Insurance Policy, for the total cost of $800.00, and it is further SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 8 RESOLVED, the Town Clerk is hereby authorized and directed to sign the Professional Service Agreement and Non-Disclosure Agreement pertaining to such services for the year 2023. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from the McGraw Historical Society recognizing the Town Highway Department for their work mowing/maintaining the Old Baptist Cemetery. All voting aye, the motion was carried. RESOLUTION #281 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW OF 2023 AMENDING THE ZONING MAP TO RECLASSIFY 35 PARCELS FROM PRESENT ZONING CLASSIFICATION TO PLANNED COMMERCIAL BUSINESS B-3 DISTRICT; DECLARE LEAD AGENCY STATUS; AND FORWARD TO TOWN AND COUNTY PLANNING BOARD FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido NAY – 0 ABSTAIN – Leach ADOPTED WHEREAS, the Town Board has proposed a zone change for Route 13 in the Town of Cortlandville to B-3, Planned Commercial Business District, to allow for growth in the Town and make it more attractive for business to flourish in that area, and WHEREAS, the zoning change to B-3 will apply to the properties located between Bennie Road and Gracie Road on Route 13, to include the following parcels: Parcel Tax ID # Name of Property Owner Prior Zone Classification 105.00-04-02.110 Farm East, LLC I1 105.00-04-02.200-1 Town of Cortlandville I1 105.00-04-02.200-2 Town of Cortlandville I1 105.00-03-12.000 Route 13, Inc. I1 105.00-03-14.000-1 Pyrotek Inc I1 105.00-03-14.000-2 Pyrotek Inc I1 105.00-03-15.000 C'Ville LLC I1 105.00-03-08.000 Sky Hospitality, LLC I1 105.00-03-07.000 Tuff Hill Associates LLC I1 105.00-03-03.000 Christopher Henry Holdings LLC A 105.00-03-06.200 Christopher Henry Holdings LLC I2 105.00-03-06.100 Manoj & Seena Kumar I2 105.00-03-04.000 HS Associates LLC I2 105.00-04-04.200 KAJEN, LLC B2 105.00-04-04.100 490 Route 13, LLC B2 105.00-04-02.120 Farm East, LLC B2 105.00-04-05.210 James & Robert Lucas B2 105.00-04-05.220 Daniel & Susan Haynes B2 105.00-04-05.100 Cortland LLC Empire Tractor R E B2 105.00-04-06.000 654 Rt, LLC B2 105.00-04-07.000 Earl & Roy Silvernail B2 105.00-04-09.000 Cortland County B2 105.00-04-08.000 Student Housing LLC B2 105.00-03-11.000 Church Berean Bible B2 105.00-03-10.000 JD Holding of Cortland, LLC B2 105.00-03-09.000 JB Smith Heat & Air Cond. LLC B2 105.08-01-11.000 Brian McMahon B2 105.08-01-13.000 Homer 23, LLC B2 SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 9 105.08-01-14.000 Clearmideo, LLC R1 105.08-01-07.000 Clearmideo, LLC R1 105.08-01-06.000 BOC Properties of Cortland LLC B2 105.08-01-01.000 McNeil Development Co LLC R1 105.11-01-06.000 Daniel Glezen R1 105.11-01-05.000 Heidi Sue Shaffer R1 105.11-01-04.000 Eva & Patrick Gabriel R1 105.11-01-03.000 Saad & Cheryl Saad R1 105.11-01-01.000 Phi Nguyen & Kim Anh Do B1 THEREFORE, BE IT RESOLVED, the Town Board does hereby acknowledge receipt of a proposed Local Law of 2023, “Amending the Zoning Map to Reclassify 35 Parcels from Present Zoning Classification to Planned Commercial Business B-3 District”, and it is further RESOLVED, the proposed Local Law for a zoning map amendment shall be referred to the Town and County Planning Boards for review and recommendations. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file correspondence from Code Officer, Desiree Campbell, dated September 18, 2023, requesting the Town Board order the demolition of a structure (trailer) located at the Cortland Estates Trailer Park, known as 11 Kingsley Drive, due to the unrepairable damage caused by a fire; CEO Campbell posted the structure as condemned. All voting aye the motion was carried. Supervisor Williams noted there was a specific process to be followed when declaring a structure unsafe and ordering its demolition. Attorney DelVecchio would review the process and report back to the Board. RESOLUTION #282 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY PALL CORPORATION TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by PALL Corporation regarding the construction of a 22,000 square foot building expansion on the side of the existing facility, located at 3643 Route 281, tax map #95.12-01-07.000, is hereby received and filed and shall be forwarded to the Town and County Planning Boards for review and recommendations. There was a brief discussion regarding the increase in the maximum amount allowed in the water and sewer improvement capital reserve funds. Both funds were established over 35 years ago, when the cost of improvements was far less than today. The balance of the water reserve fund was almost at the maximum allowed to be in the fund, while the sewer reserve fund was over the threshold. Supervisor Williams suggested the Board increase the maximum amount to $1,000,000 each. Councilman Guido asked for clarification that the Board did not have to fund the accounts to the maximum amount. Supervisor Williams explained that they did not have to fund the accounts to the maximum amount. RESOLUTION #283 AUTHORIZE SUPERVISOR TO INCREASE THE WATER IMPROVEMENT CAPITAL RESERVE FUND FROM $500,000.00 TO $1,000,000.00 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 10 WHEREAS, per Town Board Resolution #39 of 1983, adopted January 5, 1983, the Town Board established a Water Improvement Capital Reserve Fund to “finance the cost of construction, reconstruction, acquisition for water improvements” with the intent to “accumulate all/part of the cost of water improvements” with the maximum cost of which estimated to be $500,000.00, and WHEREAS, it has been 40 years since the reserve fund was established and the cost of construction, reconstruction, and acquisition for water improvements has increased significantly and it is the intent of this Board to increase the maximum amount of money allowed in the Water Improvement Capital Reserve Fund from $500,000.00 to $1,000,000.00, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to increase the Water Improvement Capital Reserve Fund to a maximum of $1,000,000.00. RESOLUTION #284 AUTHORIZE SUPERVISOR TO INCREASE THE SEWER IMPROVEMENT CAPITAL RESERVE FUND FROM $500,000.00 TO $1,000,000.00 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #208 of 1985, adopted December 4, 1985, the Town Board established a Sewer Improvement Capital Reserve Fund to “finance the cost of construction, reconstruction, acquisition for sewer improvements” with the intent to “accumulate all/part of the cost of sewer improvements” with the maximum cost of which estimated to be $500,000.00, and WHEREAS, it has been 38 years since the reserve fund was established and the cost of construction, reconstruction, and acquisition for sewer improvements has increased significantly and it is the intent of this Board to increase the maximum amount of money allowed in the Sewer Improvement Capital Reserve Fund from $500,000.00 to $1,000,000.00, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to increase the Sewer Improvement Capital Reserve Fund to a maximum of $1,000,000.00. With no further business to be heard, Supervisor Willaims adjourned the Regular Meeting to an Attorney-Client privileged meeting to discuss legal matters. The meeting was adjourned at 5:55 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 October 5, 2023. The final version of this meeting was approved as written at the Town Board meeting of , 2023.