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HomeMy WebLinkAbout2023-12-20 Town Board Minutes DECEMBER 20, 2023 5:05 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT HOSPITALITY RESTAURANT GROUP (TACO BELL) 860 NYS ROUTE 13 TAX MAP #95.20-02-04.000 & #95.20-02-03.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Deputy Supervisor Guido presiding, concerning the an application for an Aquifer Protection Permit submitted by Hospitality Restaurant Group, for the purpose of the demolition of an existing structure and construction of a new drive-thru style restaurant (Taco Bell), for property described as 860 NYS Route 13, across from Lime Hollow Road, in front of (northeast of) Lowe’s, tax map #95.20-02-04.000 & #95.20-02-03.000. Members present: Supervisor, Thomas A. Williams* Deputy Supervisor, Jeffrey D. Guido Councilman, Jay E. Cobb Councilman, David J. Donlick Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present: Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach; Recreation Director, John McNerney; Cristine Donovan representing Racker; Matt Napierala of Napierala Consulting representing Hospitality Restaurant Group; Mike McCracken of Hospitality Restaurant Group; Town Residents: David McNeil; Johanna Ames; Matt Coates; Vicky VanPatten; Barbara Leach; News Reporter: Jack Lukowsky from Cortland Standard. Others present via Zoom video/telephone conference*: News Reporter: Eddie Velasquez from Cortland Voice. Deputy Supervisor Guido called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Deputy Supervisor Guido offered privilege of the floor to Matt Napierala. Matt Napierala of Napierala Consulting, representing Hospitality Restaurant Group, explained the proposed project for the redevelopment of the property, which was formerly the site of Key Bank. Regarding the Aquifer Protection District permit, he explained that the existing impervious surface coverage is 70%; the proposed new building and site design would provide 69% impervious surface coverage. The proposed project would not change the draining patterns, and with the reduction of coverage there should be improvement. He also mentioned that the Town Planning Board approved the project and recommended the Town Board issue the Aquifer Protection Permit. Deputy Supervisor Guido offered privilege of the floor to those in attendance. No further comments or discussions were heard. The Public Hearing was closed at 5:10 p.m. DECEMBER 20, 2023 5:10 P.M. PUBLIC HEARING NO. 2 PROPOSAL BY RACKER TO ESTABLISH A COMMUNITY RESIDENTIAL HOME 3266 WALDEN OAKS BLVD. TAX MAP #106.05-01-24.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Deputy Supervisor Guido presiding, concerning the proposal by Racker, formally known as Franziska Racker Centers, to establish a community residential home to be located at 3266 Walden Oaks Blvd., tax map #106.05-01-24.000. The new community residential home will be a supervised Individualized Residential Alternative (IRA) for six (6) adults with developmental disabilities who are currently supported in other Racker homes and need a single-story home that can better support their needs. Members present: Supervisor, Thomas A. Williams* Deputy Supervisor, Jeffrey D. Guido Councilman, Jay E. Cobb Councilman, David J. Donlick Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present: Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach; Recreation Director, John McNerney; Cristine Donovan representing Racker; Matt Napierala of Napierala Consulting representing Hospitality Restaurant Group; Mike McCracken of Hospitality Restaurant Group; Town Residents: David McNeil; Johanna Ames; Matt Coates; Vicky VanPatten; Barbara Leach; News Reporter: Jack Lukowsky from Cortland Standard. Others present via Zoom video/telephone conference*: News Reporter: Eddie Velasquez from Cortland Voice. Deputy Supervisor Guido called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Deputy Supervisor Guido offered privilege of the floor to those in attendance. Cristine Donovan, Executive Director of Racker, explained that the not-for-profit agency has been serving the community for the past 75 years; families founded the agency to help children with developmental disabilities stay in the community. Over the past 35 years the agency has served over one hundred people. Ms. Donovan explained that as children become adults their needs change. The agency has been looking for a building lot to construct a ranch home accessible for 6 aging adults with developmental disabilities and was happy the Walden Oaks Blvd. met their price point, and that the location would provide easy access to services. Ms. Donovan stated that New York State has worked hard to make sure that people with disabilities can have easy access to the services they need. She also mentioned that in 1978 a law was passed to ensure that people with disabilities are not discriminated against and that they have access to the same neighborhoods and communities as everyone else. Ms. Donovan stated that Racker has been working with the Town and is confident that the design of the home can meet the setback requirements for the parcel. She also stated that Racker is excited to work with the Walden Oaks Homeowners Association and has been working with the Town Highway Superintendent regarding the driveway access. In closing, Ms. Donovan stated they would be good neighbors. Deputy Supervisor Guido thanked Ms. Donovan for her comments. Deputy Supervisor Guido offered privilege of the floor to David McNeil. Town Resident, David McNeil spoke in support of the proposed community residential home. He explained that for the past 28 years he has lived and raised his three children on Highland Road, directly across the street from a SEQUIN services home. He stated that he found the house to be no different than other neighbors. He stated that he is an Associate Director of Racker, and previously served on the Board of Directors. Mr. McNeil stated that Racker would maintain the residence and would maintain a healthy and safe living environment, adding that “the neighborhood has nothing to fear”. Deputy Supervisor Guido thanked Mr. McNeil for his comments. DECEMBER 20, 2023 PAGE 2 Deputy Supervisor Guido 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 5:18 p.m. DECEMBER 20, 2023 5:18 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 Deputy Supervisor Guido presiding. Members present: Supervisor, Thomas A. Williams* Deputy Supervisor, Jeffrey D. Guido Councilman, Jay E. Cobb Councilman, David J. Donlick 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; Recreation Director, John McNerney; Cristine Donovan representing Racker; Matt Napierala of Napierala Consulting representing Hospitality Restaurant Group; Mike McCracken of Hospitality Restaurant Group; Town Residents: David McNeil; Johanna Ames; Matt Coates; Vicky VanPatten; Barbara Leach; News Reporter: Jack Lukowsky from Cortland Standard. Others present via Zoom video/telephone conference*: News Reporter: Eddie Velasquez from Cortland Voice. Deputy Supervisor Guido called the meeting to order. Councilman Cobb made a motion, seconded by Councilman Donlick, to approve the Draft Town Board Minutes of December 6, 2023. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Planning Board Minutes of November 28, 2023. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Zoning Board of Appeals Minutes of November 28, 2023. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Parks & Recreation Commission Minutes of October 2023. All voting aye, the motion was carried. RESOLUTION #356 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0221 TO FERGUSON ENTERPRISES, DBA POLLARD WATER FOR THE PURCHASE OF A PIPE LOCATOR FOR THE WATER & SEWER DEPARTMENT FOR THE TOTAL COST OF $3,460.00 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0221, as submitted by Water/Sewer Superintendent, Brian Congdon to be paid to Ferguson Enterprises, DBA Pollard Water for the purchase of one (1) Metrotech VM-810 Pipe Locator for the Water & Sewer Department, for the total cost of $3,460.00 (emergency purchase). RESOLUTION #357 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0224 TO FERGUSON ENTERPRISES, DBA POLLARD WATER FOR THE PURCHASE OF A PIPE LOCATOR FOR THE WATER & SEWER DEPARTMENT FOR THE TOTAL COST OF $3,497.30 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 2 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0224, as submitted by Water/Sewer Superintendent, Brian Congdon to be paid to Ferguson Enterprises, DBA Pollard Water for the purchase of one (1) Metrotech VM-810 Pipe Locator for the Water & Sewer Department, for the total cost of $3,497.30. RESOLUTION #358 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER 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 #1756-1840 HG, SF, SS, SW General Fund A $ 74,107.93 General Fund B $ 17,168.70 Highway Fund DA $ 0.00 Highway Fund DB $ 224,997.01 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 38,681.22 Water Fund SW $ 24,628.58 Funds CD1, CD3, CD4 Voucher #42-46 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 25,931.64 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #36-37 Trust & Agency TA $ 60,778.82 Expendable Trust TE $ 0.00 Deputy Supervisor Guido acknowledged that there were no requests for privilege of the floor. Deputy Supervisor Guido introduced Recreation Director, John McNerney who was in attendance to provide the Board with an update regarding the status of the request for proposals for the Gutchess Lumber Sports Complex (GLSC) Planning & Feasibility Study. Recreation Director, John McNerney explained that at the advice of the Cortland County Business Development Corp. (BDC), the Town applied for a grant to update the Town’s 2016 feasibility study for GLSC, which was completed when the park was just a concept. The Town was awarded $32,500 (matching grant) to complete a new study. The Town advertised the request for proposals (RFP’s), completed direct outreach to MWBE firms, seeking a consulting firm to update the 2016 study. The RFP’s were due by November 15, 2023. Despite the direct outreach that was done, the Town received two proposals: 1) The Sports Facilities Company: $28,500 plus reimbursable travel expenses up to $5,000; 2) Ballard & King Associates, LTD: $54,500. Mr. McNerney explained that he and Machel Phelps reviewed the proposals and provided them to Thoma Development and the GLSC ad hoc committee for review. It was their suggestion that the bid be awarded to The Sports Facilities Company. However, at this time, he suggested the Board table action, pending information and comment from Empire State Development regarding the grant, as the bids came in much lower than expected. He explained that once awarded, the goal would be to start the study in 2024 and to complete it within five months. The Board thanked Mr. McNerney for his report and had no questions. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the monthly reports of Town Justice Mathey and Town Justice DeMarco for the month of November 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the monthly report of Code Enforcement Officer, Desiree Campbell for the month of November 2023. All voting aye, the motion was carried. DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 3 Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the monthly report of John McNerney, Parks & Recreation Director, for the month s of October and November 2023. All voting aye, the motion was carried. Under old business, and regarding the proposal from Racker, formally known as Franziska Racker Centers, to establish a community residential home to be located at 3266 Walden Oaks Blvd., tax map #106.05-01-24.000, the Board determined that there was no Town Board action necessary. RESOLUTION #359 AUTHORIZE PARTICIPATION IN THE SAFE HARBOR WELLNESS PROGRAM FOR TOWN OF CORTLANDVILLE EMPLOYEES/OFFICIALS EFFECTIVE JANUARY 1, 2024 AND AUTHORIZE THE SUPERVISOR TO SIGN THE EMPLOYER PROGRAM ADOPTION AGREEMENTS SUBJECT TO TOWN ATTORNEY 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 hereby authorizes the participation in the Safe Harbor Wellness Program for eligible Town of Cortlandville employees/officials effective January 1, 2024 through December 31, 2024, as administered by the Town’s employee benefit consultant, The Finger Lakes Group, Inc., to include a Wellness Program, Section 125, and Self-Insured Medical Expense Reimbursement Plan, and it is further RESOLVED, the Supervisor is hereby authorized and directed to enter into the Employer Program Adoption Agreements with Safe Harbor for such programs subject to Town Attorney review. Under new business, Town Clerk Rocco-Petrella apprised the Board she received the Certification from the Cortland County Board of Elections regarding the Town’s proposition on the 2023 General Election Ballot concerning the elimination of the second Town Justice position, which failed. She asked the Board to acknowledge receipt. RESOLUTION #360 ACKNOWLEDGE RECEIPT OF THE CERTIFICATION FROM THE CORTLAND COUNTY BOARD OF ELECTIONS REGARDING THE TOWN OF CORTLANDVILLE’S PROPOSITION ON THE 2023 GENERAL ELECTION BALLOT – PROPOSAL NUMBER FOUR, TOWN PROPOSITION NUMBER ONE, REGARDING THE ELIMINATION OF THE SECOND CORTLANDVILLE TOWN JUSTICE POSITION, WHICH FAILED BY A VOTE OF YES 545 TO NO 818 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 acknowledges receipt of the Certification from the Cortland County Board of Elections regarding the Town of Cortlandville’s proposition on the 2023 General Election Ballot – Proposal Number Four, Town Proposition Number One, which FAILED by a vote of YES 545 to NO 818: A resolution was adopted on August 7, 2023, by the Town Board of the Town of Cortlandville, pursuant to Section 60-a of Town Law, to eliminate the position of second Cortlandville Town Justice in the Town of Cortlandville, Cortland County, New York, effective the first day of January following the election held on November 7, 2023. Should the resolution be approved? DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 4 Town Board reports: Councilman Cobb stated that it was his last meeting as a Town Councilman, adding that it was a pleasure to serve the Town and Village residents. He was proud of the numerous accomplishments made by the Town over the past four years, noting that Cortlandville is the economic driver of the County. He thanked his family for their support, including his parents for their guidance which led him into public service. In his life, Councilman Cobb serviced as a volunteer fire fighter, was the former Mayor of McGraw, and Cortlandville Town Councilman/Deputy Town Supervisor. The Board thanked Mr. Cobb for his service. Deputy Supervisor Guido congratulated the SUNY Cortland Football Team for bringing home the Division 3 National Championship Title. Highway Superintendent Drach informed the Board that funding is available through the New York State Department of Transportation BRIDGE NY program, to rehabilitate local bridges and culverts. He explained that funding would be sought to replace a single and double culvert pipe in the Hoxie Gorge area. He reached out to fifteen engineering firms requesting proposals to assist the Town in the design and application process; only seven firms responded. Highway Superintendent Drach requested approval to authorize Barton & Loguidice to assist the Town with the engineering design and inspection; the fees would be reimbursed from BRIDGE NY if the Town is successful in receiving funding. The Town Board was in support of Highway Superintendent Drach seeking BRIDGE NY funding. RESOLUTION #361 AUTHORIZE HIGHWAY SUPERINTENDENT TO PROCEED WITH THE BRIDGE NY GRANT APPLICATION PROCESS FOR FUNDING WITH ASSISTANCE FROM BARTON & LOGUIDICE Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs Highway Superintendent to proceed with the BRIDGE NY grant application to the New York State Department of Transportation (NYSDOT) for funding to rehabilitate and replace local bridges and culverts in the Town of Cortlandville, and it is further RESOLVED, the Board hereby authorizes the engineering consulting firm, Barton & Loguidice, to assist the Town with the grant application and the design and engineering of the project as requested by Highway Superintendent Drach. (Note: Attorney DelVecchio arrived at the meeting at this time.) There was discussion regarding the Aquifer Protection Permit of Hospitality Restaurant Group regarding the demolition of an existing structure and construction of a new drive-thru style restaurant (Taco Bell) to be located at 860 Route 13, tax map #95.20-02-04.000 & #95.20-02- 03.000. Attorney DelVecchio asked if the Board had any questions prior to conducting the SEQR review, to which there were none. The Board commenced their review of Part 2 of the SEQR Short Environmental Assessment Form with Attorney DelVecchio reading the questions. The Board answered no impact to small impact for all questions. Councilman Donlick commented on the sidewalk and had questions regarding the placement of the building on the site, asking what the logic of symmetry was in relation to the other buildings in the plaza. Mr. Napierala answered that the location of the building was selected to meet the drive-through circulation requirements. RESOLUTION #362 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #7 OF 2023 SUBMITTED BY HOSPITALITY RESTAURANT GROUP (TACO BELL) FOR PROPERTY DESCRIBED AS 860 NYS ROUTE 13 AND AUTHORIZE SUPERVISOR TO SIGN THE SEQRA APPLICATION DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 5 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Hospitality Restaurant Group, for the purpose of the demolition of an existing structure and construction of a new drive- thru style restaurant (Taco Bell), for property described as 860 NYS Route 13, across from Lime Hollow Road, in front of (northeast of) Lowe’s, tax map #95.20-02-04.000 & #95.20-02-03.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of Hospitality Restaurant Group, Aquifer Protection Permit #7 of 2023, shall have no significant environmental impact, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #7 of 2023. RESOLUTION #363 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2023 SUBMITTED BY HOSPITALITY RESTAURANT GROUP (TACO BELL) SUBJECT TO CONDITIONS Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the Town Board duly reviewed and completed the Short Environmental Assessment Form and declared that the proposed project of Hospitality Restaurant Group shall have no significant environmental impact, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2023, submitted by Hospitality Restaurant Group, permitting the demolition of an existing structure and construction of a new drive-thru style restaurant (Taco Bell), for property described as 860 NYS Route 13, across from Lime Hollow Road, in front of (northeast of) Lowe’s, tax map #95.20-02- 04.000 & #95.20-02-03.000, subject to the following conditions from the Town and County Planning Boards: 1. That the town of Cortlandville determine whether the proposed site plan meets acceptable bulk requirements of Code 178 Attachment 5 Town of Cortlandville Business Districts Bulk Regulations related to setbacks and lot coverage. 2. That the Town require the applicant to coordinate all energy service and infrastructure changes with National Grid. 3. That the connection to the Cortlandville public water supply and sewer system be reviewed by the County Health Department and approval obtained from Cortlandville; approval shall include an engineering report for the installation of the required back flow prevention device for the public water supply. 4. That a grease trap approved by the County Health Department is installed as part of the public sewer connection. 5. That any proposal floor drains are connected to the municipal sewer system. DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 6 6. That Town determine whether this proposed number of parking spaces and accessible spaces are sufficient for the proposed use as required by the Planning Board as per Code 178 Attachment 5. 7. That the Town require the applicant to provide additional information to the Town for the proposed signage and demonstrate compliance with Town of Cortlandville Zoning Code Article XVIII Signs. 8. That the Town consider requiring the applicant to provide a sidewalk for pedestrian access that connects to the nearby sidewalk. 9. That the Town require the applicant to provide confirmation from the Cortlandville Fire Department indicating that emergency site plan needs have been satisfied. 10. That the Town require the applicant to complete requirements and obtain approval for a Food Service Establishment permit from the Cortland County Health Department. 11. That the Town require that the applicant make a separate application to the Town if it wishes to extend open hours. 12. That the Town require the applicant to update the site plan to include stormwater management features. 13. That if soil over 1 acre of the combined parcels is to be exposed, applicant develop a Stormwater Pollution Prevention Plan (SWPPP) and obtain coverage under the permit. 14. That the Town require the applicant to submit a subdivision request and obtain approval to combine these two parcels. 15. That the Town require the applicant ensure that they shall continually use the best available means to prevent the contamination of the groundwater and the aquifers of the Town of Cortlandville. 16. That, if the Town of Cortlandville Code §178-2.4 (A) (8) Wellhead Protection Area District 1A regulation is applicable, applicant reduce the parcel’s impervious surface by 5% over existing lot coverage or apply for and obtain a variance. 17. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney DelVecchio reported: Requirement to Connect to Public Water/Sewer: Under new business, Attorney DelVecchio informed the Board he was in communication with Water/Sewer Superintendent Congdon regarding the Town Code provisions to connect to public water and sewer when available. According to Attorney DelVecchio, the Cortland County Health Department has denied permits for well and septic due to the Town Code provisions requiring connection when public water and sewer are available. Attorney DelVecchio advised the Board that there are provisions that require a resident to connect to public sewer when available, however he did not see how the Town could legally compel someone to connect. After discussion with Water/Sewer Superintendent Congdon, he suggested a letter be sent to the Health Department indicating what the Town’s position is: If a property owner has public water or sewer available that they connect to the public service, however the Town will not require the property owner to connect if they could install a well and septic permitted by the Health Department. After a brief discussion, and further clarification from Attorney DelVecchio, the Board agreed and directed Attorney DelVecchio to write a letter to the County Health Department regarding the Town’s position. DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 7 RESOLUTION #364 DIRECT TOWN ATTORNEY TO WRITE A LETTER TO THE CORTLAND COUNTY HEALTH DEPARTMENT REGARDING THE TOWN’S POSITION ON CONNECTING TO PUBLIC WATER AND SEWER, IN THAT THE TOWN WILL NOT ENFORCE THE CONNECTION TO PUBLIC WATER OR SEWER 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 and directs the Town Attorney to write a letter to the Cortland County Health Department regarding the Town of Cortlandville’s position on the requirement to connect to public water and sewer, in which the Town will not enforce the Town Code provisions to connect to public water or public sewer when available if the Cortland County Health Department can permit a well and septic. Renewal of Bond Anticipation Note – Gutchess Lumber Sports Complex: Attorney DelVecchio explained that he has been working with the Supervisor and Fiscal Advisors regarding the Bond Anticipation Note (BAN) for the Gutchess Lumber Sports Complex; one BAN was initiated in 2018 and the second BAN in 2021. The Town must decide as to whether to convert the BAN to a permanent bond or to renew the BAN for one more year as allowed. He explained that while the Supervisor has the capacity to make such a decision, Supervisor Williams’ position was that it should be a Board decision. Attorney DelVecchio informed the Board that Town’s firm, Fiscal Advisors, advised that it was in the best interest of the Town to roll over the BAN for one more year, expecting reduced interest rates next year. The Town may also pay down the debt on a BAN prior to it becoming a permanent bond. He explained that for every half percentage point the interest decreases the Town will save over $100,000 for the life of the financing. The Board voiced their decision to renew the BAN for one more year and to follow the advice of Fiscal Advisors. Councilman Leach was in favor of paying down the debt and suspected that interest rates would drop in 2024. RESOLUTION #365 AUTHORIZE SUPERVISOR TO PROCEED WITH A RENEWAL OF THE BOND ANTICIPATION NOTE FOR THE GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to proceed with the renewal of the Bond Anticipation Note for Gutchess Lumber Sports Complex, as permitted by law, to provide the Town an opportunity to pay down the debt and hopefully realize lower interest rates prior to going to permanent bond in 2025. At this time in the meeting, the Board proceeded with new business items. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the Gutchess Lumber Sports Complex Planning & Feasibility Study (ESD Grant #135,435) Proposal from The Sports Facilities Companies, LLC of Clearwater, Florida in the amount of $28,500 (plus reimbursable travel not to exceed $5,000), dated November 15, 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Gutchess Lumber Sports Complex Planning & Feasibility Study (ESD Grant #135,435) Proposal from Ballard King & Associates, LTD of Highland Ranch, Colorado in the amount of $54,500, dated November 14, 2023. All voting aye, the motion was carried. DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 8 RESOLUTION #366 TABLE ACTION REGARDING THE AWARD OF A BID AND A CONTRACT BETWEEN THE TOWN AND SPORTS FACILITIES ADVISORY, LLC FOR THE GUTCHESS LUMBER SPORTS COMPLEX PLANNING & FEASIBILITY STUDY (ESD GRANT #135,435) Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby tables action regarding the execution of an Agreement between the Town of Cortlandville and Facilities Advisory, LLC regarding the Gutchess Lumber Sports Complex (GLSC) Planning & Feasibility Study, to allow time for the Town to contact NYS ESD regarding the contract amount as the bids came in lower than expected. RESOLUTION #367 TERMINATE AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND HR-1 FOR HUMAN RESOURCE CONSULTING SERVICES EFFECIVE DECEMBER 21, 2023 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby terminates the agreement between the Town of Cortlandville and HR-1 for human resource consulting services, effective December 21, 2023, as the Town has decided to take a different direction regarding the staffing and management of Human Resources in the Town to better suit the day-to-day needs of the staff and to provide the much-needed support for the Financial Administrator of the Town. RESOLUTION #368 AUTHORIZE SUPERVISOR TO EXTEND THE CONTRACT WITH SYLVIA HALL, HUMAN RESOURCE CONSULTANT FOR THE TOWN OF CORTLANDVILLE TO PROVIDE ADDITIONAL SUPPORT NEEDED IN HUMAN RESOURCES 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 and direct the Town Supervisor to extend the contract with Sylvia Hall, Human Resource Consultant for the Town of Cortlandville, to provide continued support in Human Resources for the staff and Financial Administrator, at a rate of $75.00 per hour, until such time as the Town Board makes a formal decision regarding how to provide the needed services. RESOLUTION #369 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #22) REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) 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 approval of payment (Draw #2 2) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Thoma Development – Payment to contractor (Coville) – $250.00 Thoma Development – Payment to contractor (Cutler) – $500.00 DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 9 Thoma Development – Payment to contractor (Evangelista) – $1,510.40 Thoma Development – Payment to contractor (Holl) – $250.00 Thoma Development – Payment to contractor (R. Mowry) – $1,536.80 Thoma Development – Payment to contractor (Weaver) – $500.00 Thoma Development – Program Delivery (Contract) – $24,600.00 Thoma Development – Program Delivery – $600.00 Thoma Development – Administration (Contract) – $6,200.00 Thoma Development – Administration – $199.27 Town of Cortlandville – Administration – $596.86 RESOLUTION #370 AUTHORIZE BUDGET MODIFICATION #1 REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) 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 Budget Modification #1 regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21), to transfer funds from Administration to Program Delivery to cover final Program Delivery costs. Supervisor Williams excused himself from the meeting at this time, with Deputy Supervisor Guido continuing to run the meeting. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file correspondence from New York State Homes and Community Renewal, dated December 19, 2023, regarding the Budget Modification Approval for New York State Community Development Block Grant (CDBG #287HR317-21). All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the following bids, as submitted on December 18, 2023, for the Gutchess Lumber Park Development – Phase 2 Construction of Concessions Building: Complete Construction Concepts, LLC Base Bid: $190,000.00 137 S. Main Street Option 1: $ 30,750.00 Homer, NY 13077 Option 2: $ 8,275.00 Option 3: $ 23,150.00 Total Bid: $252,175.00 Economy Paving Co. Inc. Base Bid: $280,000.00 1819 NYS Route 13 Option 1: $ 50,000.00 Cortland, NY 13045 Option 2: $ 30,000.00 Option 3: $ 40,000.00 Total Bid: $400,000.00 All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the “Recommendation for Award” as submitted by Chuck Feiszli, P.E., Resource Associates, dated December 19, 2023, regarding the bids submitted for the Gutchess Lumber Park Development – Phase 2 Construction of Concessions Building, recommending an award to Complete Construction Concepts, LLC as the lowest bidder and meeting all bid requirements to include the base bid, options 1, 2, and 3, in the total amount of $252,175.00. All voting aye, the motion was carried. DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 10 RESOLUTION #371 AWARD BID FOR THE GUTCHESS LUMBER PARK DEVELOPMENT – PHASE 2 CONSTRUCTION OF CONCESSIONS BUILDING TO COMPLETE CONSTRUCTION CONCEPTS, LLC IN THE AMOUNT OF $252,175.00 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Willaims ADOPTED WHEREAS, bids were advertised for the construction of the Gutchess Lumber Park Development – Phase 2 Construction of Concessions Building, with work to include the construction of a 3,200 sq ft. pre-engineered concessions building (40'W x 80'L x 10’H Post-Frame building) to be located at Gutchess Lumber Sports Complex, 3111 Byrne Hollow Crossing in Cortlandville, New York, to house restroom facilities, a concession stand, office space and storage; the scope of the work to consist of furnishing all labor, materials and equipment and the work required by the contract documents, and WHEREAS, bids were to include the Base Bid and the following options: Option 1: Concrete Floor; Option 2: Wall Insulation; Option 3: Ceiling and Roof Insulation, and WHEREAS, sealed bids were opened on December 18, 2023 at 12:00 p.m. and provided to Chuck Feiszli, P.E. of Resource Associates, for review as follows: BIDDER Complete Construction Concepts, LLC 137 S. Main Street Homer, NY 13077 Economy Paving Co. Inc. 1819 NYS Route 13 Cortland, NY 13045 DESCRIPTION BID AMOUNT BID AMOUNT Base Bid $190,000.00 $280,000.00 Option 1: Concrete Floor $30,750.00 $50,000.00 Option 2: Wall Insulation $8,275.00 $30,000.00 Option 3: Ceiling & Roofing Insulation $23,150.00 $40,000.00 TOTAL BID: $252,175.00 $400,000.00 THEREFORE, BE IT RESOLVED, the bid for the Gutchess Lumber Park Development – Phase 2 Construction of Concessions Building, to include the Base Bid, Option 1, Option 2, and Option 3, is hereby awarded to Complete Construction Concepts, LLC of 137 S. Main Street, Homer, NY 13077 in the total amount of $252,175.00, and it is further RESOLVED, the award is contingent upon the approval by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), as funding for this project comes in part through an Environmental Protection Fund grant administered by OPRHP. RESOLUTION #372 REAPPOINT JOHN A. DELVECCHIO, ESQ. AS TOWN ATTORNEY Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby reappoint John A. DelVecchio, Esq. as Town Attorney for a two-year term (per NY Town Law § 24) commencing January 1, 2024 until December 31, 2025. DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 11 RESOLUTION #373 APPROVE HOLIDAY SCHEDULE 2024 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the following Holiday Schedule for the year 2024 is hereby approved as follows: New Year’s Day Monday January 1, 2024 Martin Luther King Jr. Day Monday January 15, 2024 Presidents’ Day Monday February 19, 2024 Spring Celebration Day Friday March 29, 2024 Friday* May 24, 2024 (close at 12:00 pm) Memorial Day Monday May 27, 2024 Juneteenth Wednesday June 19, 2024 Independence Day Thursday July 4, 2024 Friday* August 30, 2024 (close at 12:00 pm) Labor Day Monday September 2, 2024 Columbus Day Monday October 14, 2024 Election Day Tuesday November 5, 2024 Veterans Day Monday November 11, 2024 Wednesday* November 27, 2024 (close at 12:00 pm) Thanksgiving Day Thursday November 28, 2024 Friday* November 29, 2024 Monday* December 23, 2024 (close at 12:00 pm) Christmas Eve Tuesday December 24, 2024 Christmas Day Wednesday December 25, 2024 Monday* December 30, 2024 (close at 12:00 pm) New Years Eve Tuesday December 31, 2024 *Holiday Observation Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the Cortland County Shared Services Plan, dated October 2023 (Revised 12/11/2023), per New York State’s County-wide Shared Services Initiative law requiring the County Administrator to prepare a property tax savings plan for shared, coordinated and efficient services among the county, city towns and villages within Cortland County. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from New York State Electric & Gas (NYSEG) and Rochester Gas & Electric (RG&E), dated December 13, 2023, regarding the upgrade to smart meters and the rollout across upstate New York. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Cortland Housing Assistance Council Inc., dated December 12, 2023, regarding an owner-occupied/moderate rehabilitation program to assist income-eligible homeowners in Cortland County. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file email correspondence from Ravi Desai for Best Western Plus Finger Lakes Inn & Suites (Sky Hospitality, LLC), dated December 15, 2023, requesting the waiver of the water and sewer late fee for the October 2023 water sewer bill in the total amount of $390.68. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file correspondence from Brian Congdon, Water/Sewer Superintendent, dated December 15, 2023, regarding his investigation and recommendation for a denial for the request for a waiver/refund of water and sewer late fees as submitted by Ravi Desai for Best Western Plus Finger Lakes Inn & Suites (Sky Hospitality, LLC). All voting aye, the motion was carried. DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 12 RESOLUTION #374 DENY REQUEST FOR THE WAIVER AND REFUND OF WATER AND SEWER LATE FEES AS SUBMITTED BY RAVI DESAI FOR BEST WESTERN PLUS FINGER LAKES INN & SUITES (SKY HOSPITALITY, LLC) Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Town Board hereby denies the request for the waiver and refund of late fees for the total amount of $390.68 as requested by Ravi Desai for Best Western Plus Finger Lakes Inn & Suites (Sky Hospitality, LLC), for property located at 3175 Finger Lakes East Drive, Account #2146, as per the recommendation of the Water/Sewer Superintendent. RESOLUTION #375 AUTHORIZE TOWN BOARD TO SIGN THE COMMERCIAL CRIME COVERAGE POLICY FOR THE TOWN OF CORTLANDVILLE FOR THE YEAR 2024 Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Town Board is hereby authorized and directed to sign the Commercial Crime Coverage Policy for the Town of Cortlandville for the year 2024, agreeing to the coverage for the elected, appointed and all other Town employees. There was a brief discussion regarding the schedule of Town Board meetings for the year 2024. As done in previous years, Councilman Leach proposed the Board conduct meetings in the Village of McGraw (Community Building), in Blodgett Mills, and at the Living History Center or the Cortland County Jr. Fair. The Board would investigate the availability of the different venues and would amend the location of meetings as needed. RESOLUTION #376 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR 2024 Motion by Councilman Donlick Seconded by Councilman Leach VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, or at the Peter Alteri Jr. Municipal Garage located at 3587 Terrace Road, Cortland, New York, or at another location within the Town of Cortlandville to be determined by further Town Board action, on the first and third Wednesday of each month at 5:00 pm, except for the month of July in which the meetings will be held the second and fourth Wednesday of the month, and if such day should fall on a holiday, the meeting shall be held the next business day, such as the second meeting in June which shall be held on a Thursday, and it is further RESOLVED, if a regular meeting(s) of the Town Board cannot be conducted in person, the meeting(s) will be held electronically via Zoom video conference and the electronic meeting registration link will be posted to the Town’s website (cortlandville.org) and available at the Office of the Town Clerk, and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 13 Deputy Supervisor Guido asked if there was any further business to come before the board. No further comments or discussion were heard. Councilman Cobb made a motion, seconded by Councilman Leach, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:30 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 February 5, 2024. The final version of this meeting was approved as written at the Town Board meeting o f February 7, 2024.