HomeMy WebLinkAbout2020-08-05 Town Board Minutes
AUGUST 5, 2020 5:00 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW OF 2020
AMENDMENT TO CHAPTER 171
WATER AND SEWERS
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning the enactment of a
Local Law amending Part II of General Legislation of the Code of the Town of Cortlandville,
Part 1, Article 1, Chapter 171 – Water and Sewers.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Highway Sup’t., Glenn
Bassett; Deputy Town Clerk, Abigail Albro; Reception Clerk, Nick Alteri; Attorne y, Alan Pope
representing G. DeVincentis & Son Construction Co.; Tim Perfetti; Brendan McGovern; Town
Residents: Paul Koekebacker; Bob Martin; Dr. Kathleen Fitzgerald; Patrick Fitzgerald; Stephen
Flatt; Peter Morris-Ackley; Matt Steele; Rebecca Bryan; News Reporter, Kevin Conlon from the
Cortland Standard.
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 Robert Martin.
Town resident, Robert Martin commented on the provisions to Chapter 171 – Water and
Sewers. He pointed out an error in the draft law providing for changes to “(6)(h)(1) and
(6)(h)(1)” which should have read “(6)(h)(1) and (6)(h)(2)”. He also asked whether the diagram
would be staying the same which provided for two meters.
Attorney DelVecchio suggested that if the Board wanted to address Mr. Martin’s
questions that they do so after the public hearing.
Councilman Withey asked if he should speak at this time or later in the meeting.
Attorney DelVecchio stated that he should hold his comments until after the public hearing.
Supervisor Williams asked if there were any further comments to be made.
No further requests were made for privilege of the floor.
The Public Hearing was recessed at 5:09 p.m.
AUGUST 5, 2020 5:09 P.M.
PUBLIC HEARING NO. 2
LOCAL LAW OF 2020
AMENDMENT TO CHAPTER 178,
ARTICLE XVIII, SECTION 178-112 A(4) AND A(5)
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning the enactment of a
Local Law adding provisions regarding the discharge and possession of firearms to Part II of
General Legislation of the Code of the Town of Cortlandville, as Chapter 91 entitled “Firearms”.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Highway Sup’t., Glenn
Bassett; Deputy Town Clerk, Abigail Albro; Reception Clerk, Nick Alteri; Attorney, Alan Pope
representing G. DeVincentis & Son Construction Co.; Tim Perfetti; Brendan McGovern; Town
Residents: Paul Koekebacker; Bob Martin; Dr. Kathleen Fitzgerald; Patrick Fitzgerald; Stephen
Flatt; Peter Morris-Ackley; Matt Steele; Rebecca Bryan; News Reporter, Kevin Conlon from the
Cortland Standard.
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 Paul Koekebacker.
Town resident and retired State Police Officer, Paul Koekebacker voiced his opposition
to the proposed local law and his concerns for restricting people who have a pistol permit to
carry their weapon on Town property. He commented on the state of the country at this time and
the need to protect oneself and one’s family. He stated that a pistol permit was built on honesty,
trust and character. Mr. Koekebacker urged the Board not to adopt the local law.
Supervisor Williams offered privilege of the floor to Bob Martin.
Town resident, Bob Martin asked why the proposed local law was necessary and
suggested the word “discharge” be defined. He also asked, what circumstances would the Board
grant permission to discharge a gun.
Supervisor Williams offered privilege of the floor to Matt Steele.
Town resident, Matt Steele thanked the Board for the opportunity to speak and for
making it possible for the public to be in attendance at this time. Mr. Steele indicated that he is
pro-gun and believes in the 2nd Amendment. Mr. Steele wrote a letter to the Board voicing his
opposition to the proposed local law (received and filed July 19, 2020). He did not understand
why people who have a pistol permit would not have the right to take their gun wherever. He
also stated that the “special language” seems to be vague regarding the Supervisor being able to
grant an exception to certain people. He suggested that language be “tightened up”.
Supervisor Williams offered privilege of the floor to Dr. Kathleen Fitzgerald.
Town resident, Dr. Kathleen Fitzgerald shared a story regarding an incident that occurred
at her home involving a gun and the spoke about the dangers of guns. She stated, this is a
community and we need to protect each other.
AUGUST 5, 2020 PUBLIC HEARING NO. 2 PAGE 2
Supervisor Williams offered privilege of the floor to Stephen Flatt
Town resident, Stephen Flatt apprised the Board he was formerly a naval officer and as
such is considered to be a retired federal officer and stated he would be exempt from the law. He
explained that in 2006 Congress passed a law authorizing all retired police officers and federal
officers to be permitted to carry weapons anywhere inside the Country. Federal law,
specifically, made such officers immune to state laws as long as the left service in good standing
and they maintain qualification standards set by that service. Mr. Flatt suggested the Board look
into that and include retired officers as exempt from the proposed Town law.
Supervisor Williams asked if there were any further comments to be made.
No further requests were made for privilege of the floor.
The Public Hearing was recessed at 5:27 p.m.
AUGUST 5, 2020 5:27 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Highway Sup’t., Glenn
Bassett; Deputy Town Clerk, Abigail Albro; Reception Clerk, Nick Alteri; Attorney, Alan Pope
representing G. DeVincentis & Son Construction Co.; Tim Perfetti; Brendan McGovern; Town
Residents: Paul Koekebacker; Bob Martin; Dr. Kathleen Fitzgerald; Patrick Fitzgerald; Stephen
Flatt; Peter Morris-Ackley; Matt Steele; Rebecca Bryan; News Reporter, Kevin Conlon from the
Cortland Standard.
Supervisor Williams called the meeting to order.
RESOLUTION #185 AUTHORIZE PAYMENT OF VOUCHERS – AUGUST
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #931-1032
HG, SF, SS, SW General Fund A $ 131,707.62
General Fund B $ 45,018.00
Highway Fund DA $ 0.00
Highway Fund DB $ 139,631.96
Gutchess Lumber SC Project HG $ 2,595.42
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 4,815.79
Water Fund SW $ 15,719.40
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 #23-25
Trust & Agency TA $ 47,283.92
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to Bob Martin.
Town resident, Bob Martin commented on the Gutchess Lumber Sports Complex
(GLSC). He stated that in a presentation by the Town to New York State seeking further funding
for the GLSC Phase II, the following was provided: 100 acres land swap for an existing 6 acre
Town park; Market Analysis was done by Market & Feasibility Advisors out of Ch icago,
Illinois; Phase 1 – site work, infrastructure, parking lot, restroom and lights for $4,312,000;
Cortlandville bonded for $3,200,000; ESD Route 7 CFA Grant for $862,000; State grant for
$250,000; Miscellaneous expenses have pushed the Town investment to $4,000.000. Mr. Martin
stated that Phase 2 proposal is to maximize potential on return on investment with the
construction of Phase 2. The application for $10,000,000 funding from CNY REDC was not
approved.
Mr. Martin asked the Board what the total costs were for the GLSC and what the income
was, direct from usage fees and indirect from tax revenue. Mr. Martin mentioned the State
Comptroller’s Audit Report from 2019 that recommended a cost benefit analysis be performed
on projects of this nature. He stated that now and in the future, we need to insure that the
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 2
residents of the Town gain a benefit at a reasonable cost to them; we do not need to increase
spending and taxes at this time.
Mr. Martin stated that future planning of Phase 2 of the GLSC should include citizens of
the Town and not just special interest groups; a new ad-hoc committee should be formed.
Mr. Martin also commented on solar farms in the Town of Cortlandville noting that the
Town has a local law for solar energy systems. He stated that the Board should make sure that
solar farms are in environmental compliance and also financially beneficial to the citizens of the
Town. He asked, what is the effect on taxes or PILOT? He commented that NYSERDA
provides online guidance for State Environmental Quality Review (SEQR) for solar and provides
step-by-step instructions for municipalities. He explained the SEQR guide and that the lead
agency must complete its own analysis by preparing Part 2 and Part 3 of the Environmental
Assessment Form (EAF). Mr. Martin stated that in certain areas of the state, agricultural land is
protected under the Agriculture and Markets Law. Part 1 of the EAF requires a calculation of the
impact to productive agricultural soils regardless of whether the project is located in a state-
certified district or not. He urged the Board to consult with the Department of Agriculture and
Markets.
Mr. Martin stated that solar farms will be proliferating in New York State and in the
Town. He stated that we need to make sure we have a total process fully implemented that will
handle environmental and financial concerns. He recommended that the Town’s Comprehensive
Plan Committee continue reviewing the Town’s zoning needs and address solar farms as part of
that process.
Supervisor Williams offered privilege of the floor to Dr. Kathleen Fitzgerald.
Town resident, Dr. Kathleen Fitzgerald voiced concerns regarding a citation she received
for having an “anti-Trump” sign in her yard, in which she was told she would be fined $200 per
day if the sign was not taken down. After speaking with the Town Code Enforcement Officer
and Town Attorney, Dr. Fitzgerald researched the matter on her own and learned that a
municipality cannot regulate signs based on content, however the size of a sign can be regulated.
She noted that the Town’s law allows for signs that are 2 square feet in size.
Dr. Fitzgerald voiced concerns that there was a political bias and that the enforcement
was not across the board, calling attention to the numerous republican candidate signs throughout
the Town that were not being addressed. She commented on the manner in which a complain t is
made, and stated it was the Board’s responsibility to report/address complaints. Dr. Fitzgerald
stated that she would be putting a sign up in her yard that would comply with the dimension
requirements and would challenge the Town legally if necessary. She provided, for the record,
case law and legal memorandums regarding restrictions on election signs from the U.S. Supreme
Court and New York State Department of State.
Supervisor Williams offered privilege of the floor to Peter Morris-Ackley.
Town resident, Peter Morris-Ackley addressed the Board regarding the notice of violation
he received for signs located in front of his house that read “Please”, “Vote for Joe”, “Thank
You”. He voiced concerns regarding the restrictions placed on election signs and limiting
freedom of speech granted by the First Amendment to the United States Constitution. Mr.
Morris-Ackley read from Legal Memorandum LUO2 from the Department of State Office of
General Counsel:
“If challenged, such local regulations are likely to be struck down by the courts as
unlawful interference with the right of free expression as guaranteed by the First
Amendment to the United States Constitution. The main flaw in a local law or ordinance
that applies specifically to election signs is that it imposes restrictions based on the
content or message. Local legislation that regulations signs must be content neutral,
meaning it must apply equally to all signs, regardless of message.”
Mr. Morris-Ackley stated that he did not think the Town’s local law was proper, questioned why
the provision was adopted, and asked the Board to look into the matter further and decide if the
law was legal.
Supervisor Williams offered privilege of the floor to Attorney, Alan Pope.
Attorney Alan Pope, representing G. DeVincentis & Son Construction Co., Inc. apprised
the Board he was in attendance regarding the award of the “Town of Cortlandville Miscellaneous
Water and Sewer Improvements” project. He wrote a letter to Attorney DelVecchio regarding
the award of the bid, which he would submit for the record. Attorney Pope reviewed the bid
specification document (Section 1.3 and Section 17/17.5) with the Board and explained that
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 3
G. DeVincentis was the lowest responsible, responsive bidder. He discussed the Alternate bid
option and whether the Route 281 project could be considered. He stated that there is an entire
section in the bid specifications on alternates, which provides that immediately after the bid
opening the Town would notify each party in writing with the status of the alternate; following
the award is when the alternates can be awarded and considered.
Attorney Pope recalled that at the July 8, 2020 Town Board meeting the issue was raised
that G. DeVincentis had filed a lawsuit against the Town years ago regarding irregularities in the
bidding. A few years later, the Town awarded a $2 million project to the company that was
successfully completed. Attorney Pope stated it would be arbitrary and capricious not to award
the bid to G. DeVincentis. If the Board was prepared to award the bid to Vacri Construction Co.
there must be a reason why. He urged the Board to go back and research t he matter and to look
at the project specifications. After doing so he suspected the Board would award the bid to G.
DeVincentis.
Supervisor Williams offered privilege of the floor to Stephen Flatt.
Town resident, Stephen Flatt first explained that he always gives his work experience and
credentials prior to speaking at a board meeting to establish a certain level of expertise. He
stated that he makes it a policy that he does not speak on anything that he does not have expert
information to provide. Mr. Flatt thanked the Board for resuming the Board meetings in person
rather than by videoconference.
Mr. Flatt apprised the Board of suspected criminal activity in his neighborhood and asked
for help to alleviate the problem.
Next, Mr. Flatt voiced concerns regarding the Gutchess Lumber Sports Complex project,
including his disapproval of the park. He apprised the Board that Onondaga County was looking
to build a similar complex that would include an indoor sports complex and would be operational
all year as opposed to the Town’s park.
On a final note, Mr. Flatt stated that he was happy to see that the Town contracted with
Plan First Technology for IT services.
There were no further requests for privilege of the floor.
RESOLUTION #186 ACCEPT CORTLAND COUNTY SHERIFF’S OFFICE
ANNUAL REPORT FOR 2019
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Cortland County Sheriff’s Office
Annual Report for 2019 as submitted by Sheriff Mark E. Helms.
Councilman Withey made a motion, seconded by Councilman Guido, to receive and file
the following monthly reports:
1) Town Supervisor – June 2020
2) Post-Construction Stormwater Maintenance Inspection Program Report for 2019 –
Revision 1 – Cortland County Soil & Water Conservation District (Report Accepted
at TBM 7/15/2020 – Resolution #167 of 2020);
3) Code Enforcement Officer, Kevin McMahon – July 2020;
4) Town Clerk – July 2020;
5) Fire & Safety Inspector/Code Enforcement Officer, Desiree Campbell – July 2020.
All voting aye, the motion was carried.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
correspondence from Charter Communications, dated July 13, 2020, July 31, 2020 and August 4,
2020 regarding programming services. All voting aye, the motion was carried.
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 4
There was discussion regarding the proposed Local Law of 2020 – Amend Chapter 171,
Water and Sewers. Councilman Withey stated that he was not in favor of the proposed local law
to amend the water/sewer code. He voiced concerns for not allowing the installation of two
meters in residential homes to meter water consumption that does not go into the sewer,
separately from water consumption that goes into the sewer. He explained reasons why he was
not in favor of the local law, which included asking the public to pay for service they may not be
getting. Water and Sewer Sup’t. Alteri explained the reasons he suggested the proposed changes
to the water/sewer code, which included his desire to stabilize rates and water conservation.
RESOLUTION #187 ADOPT LOCAL LAW NO. 2 OF 2020 AMENDING PART II OF
GENERAL LEGISLATION OF THE CODE OF THE TOWN OF
CORTLANDVILLE, PART 1, ARTICLE 1, CHAPTER 171 –
WATER AND SEWERS
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Guido Aye
Councilman Testa Aye
Councilman Withey Nay
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
amending Part II of General Legislation of the Code of the Town of Cortlandville, Part 1, Article
1, Chapter 171 – Water and Sewers, 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, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 2 of 2020, amending Part II of General Legislation of the Code of the
Town of Cortlandville, Part 1, Article 1, Chapter 171 – Water and Sewers, 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:
A. Add 3 subsections (E, F and G) to §171-2; Applications and Permits
1. All water project plans need to be reviewed and approved by the Cortland County Health
Department before any type of installation of any water project can be started.
2. All water project plans must to be reviewed and approved by the Water/Sewer
Superintendent or his designee prior to any installation work.
3. No permit will be issued to any person or persons who are indebted to the Town of
Cortlandville.
B. Add a subsection (E)(3)(a) to §171-4; Services
- Any copper service line up to 1” in diameter and is over 200’ in length or any plastic
service line with a connection between the Curb stop and the first shut off, requires a meter
pit at the right of way or at a location approved by the Department head or his designee. Any
service line greater than 1” shall be 4” D.I. pipe (Refer to section 171-13 B.C and D for
installation and testing procedure).
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 5
C. Add a subsection 4(E)(5) to §171-4; Services
- Only one connection shall be allowed between the curb box and the first shutoff inside the
building and there shall be no connections between the corporation and the curb box
D. Add a subsection 4(E)(6) to §171-4; Services
- There shall be no sweat fittings before the first valve within any building.
E. Add a subsection I to §171-6; Meters
- Any customer wishing to dispute the accuracy of a meter shall complete a customer Dispute
Form and file the same with the Town within 30 days from the billing date in question.
F. Delete subsections (6)(H)(1) and (6)(H)(2) of §171-6; Meters
- These provisions allow for a second meter
G. Replace subsections (6)(H)(1) and (6)(H)(2) of §171-6; Meters with new subsection 1
- All bypass lines installed in the Town shall have a meter and a backflow device installed in
that line.
H. Change subsection A of §171-10; Bills and Payment
- Change payable at the “office of the Town Department of Water and Sewer” to “office of
the Town Clerk.”
I. Change subsection D of §171-10; Bills and Payment
- Change “Town Water Department” to “office of the Town Clerk.”
J. Change subsection D of §171-10; Bills and Payment
- Change “turned off by an employee of the Town Board” to “turned off by a Town
Water/Sewer Department Operator or employee thereof.”
K. Change subsection E of §171-10; Bills and Payment
- Change “making application at the office of the Town Water Department” to “making
application at the office of the Town Clerk.”
L. Add subsection F of §171-12; Hydrants and Valves
- Any fire hydrant outside the Town’s right of way is considered private and therefore shall
be the responsibility of the property owner to test and maintain.
M. Add a sentence to subsection E of §171-13; Technical standards and specifications for
connecting water systems and mains
- All installed brass fittings that come in contact with potable water shall not be composed of
lead
N. Add subsection I of §171-13; Technical standards and specifications for connecting
water systems and mains
- All water mains, fitting, valves and fire hydrants shall have a minimum cover of 5 feet but
not less than 6 inches in diameter.
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 6
There was discussion regarding the proposed Local Law of 2020 – Firearms.
Councilman Withey made a motion, seconded by Councilman Guido to adopt the Local Law of
2020 entitled “Firearms”. Discussion occurred rega rding the motion. Councilman Withey was
in favor of the proposed local law, however he suggested that the exception be eliminated for the
Supervisor to permit a person to enter the Town Hall or town property with a firearm.
Attorney DelVecchio apprised the Board that while drafting the proposed local law he
reviewed similar laws from the Towns of Dewitt and Manlius and added that there are similar
provisions in numerous municipalities. He stated that the local law was supported by the police
officers who work for the Town Court and mentioned that in the future everyone who enters the
building may have to go through a magnetometer. If there is no provision for this on the books
then it could not be enforced.
Supervisor Williams explained that he was pushing the adoption of the local law. The
proposed law involves Town owned “premises” rather than only buildings. He mentioned the
Town’s parks and property owned surrounding the parks. By prohibiting weapons on town
owned property, violators could be arrested and removed from the property. He mentioned that
people cannot enter City Hall with a weapon nor get on an airplane.
Councilman Withey stated that he would like to consider adopting the proposed law
without any exceptions for a person to be authorized to have a weapon on Town premises with
Supervisor approval. He asked the asked the Board to discuss his suggestion. Attorney
DelVecchio read aloud definition of “person” as written in the draft law, which read, “Any
person except a police officer, sheriff or deputy sheriff, New York State police officer or peace
officer or any other such person that is authorized by the Supervisor of the Town of
Cortlandville”.
Councilman Guido withdrew his second, with Councilman Withey withdrawing his
initial motion to adopt the local law as presented.
There was discussion regarding a change to the definition of “person”. Supervisor
Williams explained one reason to have an exception to the law to allow a firearm on premises
could be to grant permission for a State Senator’s security personnel to be allowed in the Town
Hall with a firearm. Councilman Withey stated there is “no room for guns in Town Hall or town
property… .” He noted that the Towns of Dewitt and Manlius do not have exceptions in their
laws.
After continued discussion, Councilman Withey made a motion, seconded by
Councilman Guido to adopt the Local Law of 2020 entitled “Firearms” with an amendment to
the definition of “person” to read as follows: “Any person except a police officer, sheriff or
deputy sheriff, New York State police officer or peace officer or any other such person that is
authorized by the Town Board”.
RESOLUTION #188 ADOPT LOCAL LAW NO. 3 OF 2020 ENTITLED
“FIREARMS”
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: Supervisor Williams Nay
Councilman Cobb Aye
Councilman Guido Aye
Councilman Testa Aye
Councilman Withey 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
adding provisions regarding the discharge and possession of firearms to Part II of General
Legislation of the Code of the Town of Cortlandville, as Chapter 91 entitled “Firearms”, 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
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 7
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, with an amendment to the definition of
“person” to replace “authorized by the Supervisor of the Town of Cortlandville” with
“authorized by the Town Board”,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 3 of 2020, adding provisions regarding the discharge and possession of
firearms to Part II of General Legislation of the Code of the Town of Cortlandville, as Chapter
91 entitled “Firearms”, a copy of which is attached hereto and made a part hereof, an d 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:
ARTICLE I: DISCHARGE
§ 91-1. Discharge restricted.
A. No person shall discharge any gun, pistol, revolver or other firearm upon any premises
owned or used for any public purpose by the Town of Cortlandville, except with the permission
of the Town Board of the Town of Cortlandville.
B. No person shall discharge any gun, pistol, revolver or other firearm upon any premises
owned or used by any water district located within the Town of Cortlandville, except with the
permission of the Town Board of the Town of Cortlandville.
§ 91-2. Penalties for offenses.
Any person violating the provisions of this Article shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punishable by a fine of not exceeding one hundred dollars ($100) or
imprisonment for not exceeding ten (10) days, or both such fine and imprisonment.
ARTICLE II: POSSESSION OR DISPLAY IN PUBLIC BUILDINGS
§ 91-3. Purpose.
The Town Board of the Town of Cortlandville, in order to assure the proper protection, health,
safety and welfare of persons lawfully in the public buildings of the Town of Cortlandville, and
in order to ensure the performance of essential governmental functions by town employees
without threat or intimidation to such employees or others, finds it to be in the public interest to
prohibit the open display or transport of any weapon in certain public buildings of the Town of
Cortlandville.
§ 91-4. Definitions.
When used in this Article, the following words and phrases shall have the meanings herein
ascribed to them:
OPENLY CARRY OR DISPLAY — The possession or transport by any person of a weapon as
hereinafter defined, in such a manner that such weapon is visible to persons in the immediate
vicinity except where such possession or transportation is consistent with an authorized activity
or function at the specific town building where such possession occurs.
CONCEALED CARRY — The practice of carrying a weapon (such as a handgun) in public in a
concealed manner, either on one's person or in close proximity.
PERSON — Any person except a police officer, sheriff or deputy sheriff, New York State police
officer or peace officer or any other such person that is authorized by the Town Board.
PUBLIC BUILDING — Any and all buildings or properties owned, occupied or operated by the
Town of Cortlandville.
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 8
WEAPON — Any firearm, electronic dart gun, gravity knife, switchblade knife, cane sword,
billy, blackjack, bludgeon, metal knuckles, chuka stick, sandbag, shirken, sandclub, slungshot,
dagger, dangerous knife, dirk, bow and arrow and other archery equipment, razor stiletto,
imitation pistol or any other dangerous or deadly instrument or weapon.
§ 91-5. Open display of weapon.
No person shall openly carry or display any weapon in any public building owned, occupied or
operated by the Town of Cortlandville.
§ 91-6. Concealed Carry of weapon.
No person shall concealed carry any weapon in any public building owned, occupied or operated
by the Town of Cortlandville.
§ 91-7. Surrender of weapon; return.
A. No person who openly carries or displays a weapon in any public building shall refuse to
surrender such weapon at the request of any police officer, sheriff or deputy sheriff, or peace
officer.
B. Any legal weapon so surrendered shall be returned to such person upon his or her departure
from the public building.
§ 91-8. Exceptions.
A. Nothing contained in this Article shall be deemed to authorize the possession of any weapon,
the possession of which is made unlawful by any other law, statute, ordinance or resolution.
B. Nothing contained in this Article shall be deemed to prohibit the possession of any weapon,
otherwise lawful, except under the circumstances herein specified.
§ 91-9. Penalties for offenses.
Any person who violates the provisions of § 91 -5 or 91-6 of this Article shall be guilty of an
offense and may be punished by a fine not to exceed two hundred dollars ($200) or
imprisonment for not more than ten (10) days, or both such fine and imprisonment.
Attorney DelVecchio reported:
Solar Project Applications:
Attorney DelVecchio requested the Board consider a motion to consent that the Town
Planning Board act as lead agency with respect to the two solar project applications submitted by
SSC Cortlandville II, LLC and SSC Cortlandville III, LLC. He explained that customarily the
Planning Board conducts the SEQRA review for solar applications, however since the Town
Board is an involved agency with respect to the aquifer protection permit applications the Town
Board has a say for SEQRA. He stated it was appropriate for the Town Board to consent to the
Planning Board acting as lead agency.
Councilman Cobb made a motion, seconded by Councilman Withey to consent to the
Town Planning Board acting as lead agency with respect to the two solar projects. Discussion
occurred on the matter. Councilman Testa commented that he has heard concerns from the
public regarding solar farms and questioned whether the Town was moving too fast with the
projects. Attorney DelVecchio explained that the Town Planning Board has similar concerns
and may meet at a future date to address that same concern. The Planning Board may make a
recommendation to the Town Board to potentially limit the number of solar projects coming
before the Town.
Councilman Withey mentioned the status of the completion of a new Comprehensive
Plan for the Town. He stated that the Board does not yet know what the new plan looks like, and
stated that the Town may be making a big mistake regarding the placement of the solar farms.
He stated he was not in favor of a moratorium, but would like to have more efforts to ensure the
projects fit with the new Comprehensive Plan.
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 9
RESOLUTION #189 CONSENT TO THE TOWN PLANNING BOARD ACTING AS
LEAD AGENCY WITH REGARD TO THE APPLICATIONS
SUBMITTED BY SSC CORTLANDVILLE II, LLC AND SSC
CORTLANDVILLE III, LLC FOR TWO SOLAR PROJECTS
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby consent to the Town Planning Board acting as
Lead Agency with regard to the Aquifer Protection Permit applications submitted b y SSC
Cortlandville II, LLC for property located at 4242 Bell Crest Drive, tax map #86.00-02-01.100,
and Cortlandville III, LLC for property located at 4240 Bell Crest Drive, tax map #86.00 -02-
01.100.
Signs:
Attorney DelVecchio stated the Board heard concerns from the public regarding signs.
He stated that the provisions that are in the town code were made many years ago. The
statement made that “we made these provisions” is misconstrued. He stated that he sees to it
every time that if a complaint is made to the Code Office he works with the CEO to process the
complaint. The code is examined, the complaint is examined, the sign is examined and a
determination is made as to whether or not the property owner is in violation of the code.
Attorney DelVecchio stated that it is not the CEO’s job nor is it his job to determine whether the
code is constitutional or not. He stated it is their job to enforce the code, which he does with
integrity in each situation. He stated there is no political bias inv olved in his office or in the
CEO’s office. They examine each situation case by case and do their best to enforce the code.
Attorney DelVecchio stated that as far as the constitutionality of the Town’s code, he was
not a constitutional law expert. However, he suggested a constitutional professional could
examine the code and address the code being too restrictive or what have you. He stated that
was a debate for another day. He stated he would continue to enforce the code with no political
bias.
Councilman Withey thanked Attorney DelVecchio for his comments. He suggested the
Board hire a constitutional law expert to review the law to see if it infringes on constitutional
rights. He stated he was criticized for voting on the recent amendment to the local law, which
had to do with a definition of “election day” and the time limit for political signs. He stated that
the sitting Board did not write the initial law. However, he asked the Board to resolve the matter
immediately. Supervisor Williams apprised Councilman Withey that the process to review the
code has already started.
Councilman Withey made a motion to adopt a moratorium on the existing sign ordinance
as it relates to political signs. Attorney DelVecchio explained that a moratorium involves the
adoption of a local law, a public hearing etcetera. Due to the timing and the upc oming election
and that there are only a handful of complaints, none of which have gone to court, he suggested
the Board examine the constitutionality of the code. Councilman Withey withdrew his motion.
Supervisor Williams reported:
Town Hall – Repair Employee Entrance Door:
Supervisor Williams informed the Board that the “closer” is malfunctioning on the Town
Hall exterior door known as the employee entrance. He received a quote today to repair the door
in the amount of $2,431.73 and requested approval of the quote to purchase the “closer” and
repair the door.
RESOLUTION #190 AUTHORIZE SUPERVISOR TO SIGN QUOTE FROM
STANLEY ACCESS TECHNOLOGIES TO REPAIR THE
TOWN HALL EXTERIOR DOOR (EMPLOYEE ENTRANCE)
Motion by Councilman Guido
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 10
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Quote from Stanley Access Technologies to purchase parts and complete the repair on the Town
Hall exterior door (employee entrance), for the total cost of $2,431.73.
Gutchess Lumber Sports Complex – Accessible Playground:
Supervisor Williams reported that the accessible playground equipment for the Gutchess
Lumber Sports Complex was ordered. The Town would break ground after receiving
confirmation on the delivery of the equipment.
Town Hall Main Entrance:
Supervisor Williams apprised the Board he asked the Town’s engineering firm, CHA to
look into reconfiguring the Town Hall main entrance to allow space to move the magnetometer
and provide security for the entire building, not just for the Town Court. The Court would reach
out to the Office of Court Administration to ask for their input.
Code Office – COVID-19 Complaints:
Supervisor Williams stated that the Town has received several complaints about people
not wearing masks in stores or not maintaining social distancing. One of the last directives from
the Governor indicated that the issue could be enforced by local enforcement authorities, or
rather whatever the county government says the local enforcement authority is. Supervisor
Williams reached out to the Chair of the County Legislature. In his opinion he feels that nobody
should enforce laws unless they are trained and equipped to enforce laws – can they defend
themselves. Complaints were urged to be handled by phone or email. The Chair of the
Legislature would bring the matter to the Legislature. Supervisor Williams stated that the
Town’s Code Enforcement Officers would not be responding to such complaints in person.
Proposed Solar Projects – Bell Crest Drive (Off of Blue Creek Road):
Supervisor Williams displayed a map of the proposed location of two solar farms off of
Blue Creek Road and Bell Crest Drive. The proposals were for two 19,000 panel units, a total of
38,000 panels. The large solar array would be visible from Route 281. Councilman Withey
stated that he attended the Town Planning Board meeting on August 4, 2020 and the proposal
included the subdivision of land. The two solar projects were 5 MWac each. Attorney
DelVecchio reiterated that the Planning Board would be meeting to discuss solar in the near
future.
Under old business, Attorney DelVecchio advised the Board to table the award of the bid
for the “Miscellaneous Water and Sewer Improvements” to the August 19, 2020 meeting to
allow him time to look into the matter further and have discussions with the Town’s engineer.
He indicated that he reviewed the letter he received from Attorney Pope representing G.
DeVincentis & Son and also looked over the General Municipal Law rules and applicable code
provisions.
RESOLUTION #191 TABLE AWARD OF BID FOR THE “TOWN OF
CORTLANDVILLE MISCELLANEOUS WATER AND SEWER
IMPROVEMENTS”
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby table the award of the bid for the “Town of
Cortlandville Miscellaneous Water and Sewer Improvements” to allow more time to research
and discuss the Town’s options due to the tie between two contractors/bidders for the Base Bid
plus Alternate Bid No. 1.
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 11
Under new business, Town Clerk Rocco-Petrella informed the Board she received a
Notice of Petition from Benderson-Cortland Associates and asked that the Board acknowledge
its receipt.
RESOLUTION #192 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR
REVIEW OF ASSESSMENT
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition from Benderson-Cortland Associates, for property located off of Route 281 in
the Town of Cortlandville, tax map #86.17-01-08.110, regarding their current assessed valuation
of real property.
Under new business, there was a brief discussion regarding a petition received from
Town residents regarding the noise level from the jake brakes of tractor trailers traveling on NYS
Route 222 and the request for speed limit reduction signs. Supervisor Williams explained that
Highway Sup’t. Bassett was in contact with the NYS Department of Transportation regarding the
issue and was waiting for a response. Supervisor Williams asked that the petition be received
and filed.
Councilman Withey made a motion, seconded by Councilman Guido, to receive and file
the Petition from residents on NYS Route 222, Lyncort Drive, Westvale Drive, Katie Lane and
Sterling Park regarding the noise level from the jake brakes of tractor trailers traveling on NYS
Route 222 and the request for speed limit reduction signs. All voting aye, the motion was
carried.
RESOLUTION #193 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY SSC CORTLANDVILLE II, LLC FOR
PROPERTY LOCATED AT 4242 BELL CREST DRIVE TO
THE TOWN AND COUNTY PLANNING BOARDS FOR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by SSC Cortlandville
II, LLC, for property located at 4242 Bell Crest Drive, tax map #86.00-02-01.100, shall be
forwarded to the Town and County Planning Boards for review and recommendations, and it is
further
RESOLVED, the Aquifer Protection Permit application is hereby received and filed.
RESOLUTION #194 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY SSC CORTLANDVILLE III, LLC FOR
PROPERTY LOCATED AT 4240 BELL CREST DRIVE TO
THE TOWN AND COUNTY PLANNING BOARDS FOR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 12
BE IT RESOLVED, the Aquifer Protection Permit application submitted by SSC Cortlandville
III, LLC, for property located at 4240 Bell Crest Drive, tax map #86.00-02-01.100, shall be
forwarded to the Town and County Planning Boards for review and recommendations, and it is
further
RESOLVED, the Aquifer Protection Permit application is hereby received and filed.
RESOLUTION #195 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY GUGGENHEIM DEVELOPMENT
SERVICES, LLC C/O BOHLER ENGINEERING MA, LLC FOR
PROPERTY LOCATED AT 840 ROUTE 13 TO THE TOWN
AND COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Guggenheim
Development Services, LLC c/o Bohler Engineering MA, LLC for a proposed “Jiffy Lube”, for
property owned by Route 13 Partners, LLC located at 840 Route 13, tax map #86.00-02-01.100,
shall be forwarded to the Town and County Planning Boards for review and recommendations,
and it is further
RESOLVED, the Aquifer Protection Permit application is hereby received and filed.
Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file
Cortland County Planning Board Resolution #20-08 dated July 15, 2020, and the Cortland
County Planning Department Review and Recommendations, dated July 10, 2020, regarding the
Aquifer Protection Permit application submitted by Builder’s Best Home Improvement Center,
Inc. to construct a 2,000+/- sq. ft. addition to an existing home improvement center for use as
office space and to expand the existing parking area by 3,400 sw. ft., for property located at 3798
Luker Road, tax map #95.00-09-01.000. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file
Cortland County Planning Board Resolution #20-09 dated July 15, 2020, and the Cortland
County Planning Department Review and Recommendations, dated July 10, 2020, regarding the
Aquifer Protection Permit application submitted by Tom Kile for the CNY Living History Center
to construct a 40 ft. by 80 ft. two story building as an additional museum display area resembling
an old fire station with a 10 ft. by 10 ft. bell tower, for property located at 4386 -4392 US Route
11, tax map #76.15-01-31.000. All voting aye, the motion was carried.
RESOLUTION #196 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
BUILDER’S BEST HOME IMPROVEMENT CENTER, INC.
FOR PROPERTY LOCATED AT 3798 LUKER ROAD
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 19, 2020 at 5:00 p.m. for an
Aquifer Protection Permit application submitted by Builder’s Best Home Improvement Center,
Inc. to construct a 2,000+/- sq. ft. addition to an existing home improvement center for use as
office space and to expand the existing parking area by 3,400 sw. ft., for property located at 3798
Luker Road, tax map #95.00-09-01.000.
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 13
RESOLUTION #197 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
TOM KILE FOR THE CNY LIVING HISTORY CENTER FOR
PROPERTY LOCATED AT 4386-4392 US ROUTE 11
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 19, 2020 at 5:00 p.m. or as
soon thereafter as the parties may be heard, for an Aquifer Protection Permit application
submitted by Tom Kile on behalf of the CNY Living History Center, for property owned by
Homer Cortland Community Agency, to construct a 40 ft. by 80 ft. two story building as an
additional museum display area resembling an old fire station with a 10 ft. by 10 ft. bell tower,
for property located at 4386-4392 US Route 11, tax map #76.15-01-31.000.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
correspondence from New York State Department of Environmental Conservation, dated June
29, 2020, to Route 13 Rocks, LLC regarding the mining permit renewal for the Cortlandville
Sand & Gravel Mine in the Town of Cortlandville issued to Route 13 Rocks LLC. All voting
aye, the motion was carried.
RESOLUTION #198 ADOPT RETENTION AND DISPOSITION SCHEDULE FOR
NEW YORK LOCAL GOVERNMENT RECORDS (LGS-1)
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, by the Town Board of the Town of Cortlandville that Retention and
Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to
Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention
periods for local government records, is hereby adopted for use by all officers in legally
disposing of valueless records listed therein, and it is further
RESOLVED, that in accordance with Article 57-A:
(a) only those records will be disposed of that are described in Retention and Disposition
Schedule for New York Local Government Records (LGS-1), after they have met the
minimum retention periods described therein;
(b) only those records will be disposed of that do not have sufficient administrative, fiscal,
legal, or historical value to merit retention beyond established legal minimum periods;
AND IT IS FURTHER, RESOLVED, that Retention and Disposition Schedule for New York
Local Government Records (LGS-1) hereby supersedes and replaces the Records Retention and
Disposition Schedule MU-1 previously adopted by the Town Board per Resolution #79 of 1989.
No further comments or discussion were heard.
Councilman Cobb made a motion, seconded by Councilman Withey, to recess the
Regular Meeting to an Executive Session to discuss land acquisition. All voting aye, the motion
was carried.
The meeting was recessed at 7:24 p.m.
Councilman Withey made a motion, seconded by Councilman Testa, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
AUGUST 5, 2020 TOWN BOARD MEETING PAGE 14
The Executive Session was adjourned at 7:37 p.m.
No further comments or discussion were heard.
Councilman Withey made a motion, seconded by Councilman Cobb, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:37 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 September 24, 2020.
The final version of this meeting was approved as written at the Town Board meeting of October 7, 2020.