HomeMy WebLinkAbout2020-09-16 Town Board Minutes
SEPTEMBER 16, 2020 5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
GUGGENHEIM DEVELOPMENT SERVICES, LLC
C/O BOHLER ENGINEERING MA, LLC, APPLICANT
ROUTE 13 PARTNERS, LLC, OWNER OF RECORD
840 NYS ROUTE 13
TAX MAP #95.20-02-07.000
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 an application for an
Aquifer Protection Permit submitted by Guggenheim Development Services, LLC c/o Bohler
Engineering MA, LLC, to construct a 3,000 sq. ft. motor vehicle service facility (Jiffy Lube), for
property owned by Route 13 Partners, LLC located on the east side of NYS Route 13,
approximately ¼ mile north of the NYS Route 13/Bennie Rd. intersection, tax map #95.20-02-
07.000.
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; Water & Sewer Sup’t., Peter
Alteri Jr.; Deputy Highway Superintendent, Larry Drach; Deputy Town Clerk, Abigail Albro;
Planning Board Chairman, Christopher Newell; Reception Clerk, Nick Alteri; Caryn
Mlodzianowski representing Bohler Engineering; Town Residents: Bob Martin; Pamela Jenkins;
Stephen Flatt; Andrea Rankin; and News Reporter, Colin Spencer 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 Caryn Mlodzianowski.
Caryn Mlodzianowski, representing the applicant Bohler Engineering, gave the Board an
overview of the project for the construction of a 3,000 +/- sq. ft. motor vehicle service facility
(Jiffy Lube). A conditional permit and aquifer protection permit applications were submitted to
the Town. The Town Planning Board conducted its review and approved the conditional permit
application with a recommendation that the Town Board approve the aquifer protection permit.
Ms. Mlodzianowski stated that she was present to continue the review of the project with the
Town Board and offered to answer any questions.
Supervisor Williams thanked Ms. Mlodzianowski for her comments and explained that
the Board would discuss the application during the regular meeting and would ask their
questions, if any, during that time.
Supervisor Williams offered privilege of the floor to those in attendance.
No further comments or discussion were heard.
The Public Hearing was closed at 5:07 p.m.
SEPTEMBER 16, 2020 5:07 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; Water & Sewer Sup’t., Peter
Alteri Jr.; Deputy Highway Superintendent, Larry Drach; Deputy Town Clerk, Abigail Albro;
Planning Board Chairman, Christopher Newell; Reception Clerk, Nick Alteri; Caryn
Mlodzianowski representing Bohler Engineering; Town Residents: Bob Martin; Pamela Jenkins;
Stephen Flatt; Andrea Rankin; and News Reporter, Colin Spencer from the Cortland Standard.
Supervisor Williams called the meeting to order.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Planning Board Minutes of August 25, 2020. All voting aye, the motion was
carried.
Councilman Cobb made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of September 2, 2020. All voting aye, the motion was carried.
RESOLUTION #222 AUTHORIZE PAYMENT OF VOUCHERS – SEPTEMBER
Motion by Councilman Withey
Seconded by Councilman Guido
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 #1186-1248
HG, SF, SS, SW General Fund A $ 75,957.97
General Fund B $ 7,047.66
Highway Fund DA $ 0.00
Highway Fund DB $ 18,369.29
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 13,932.58
Water Fund SW $ 15,605.90
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 #(None)
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins presented the Board with a photograph of a large “vinyl
tarp” displayed on private property located on the side of Route 281 (in the proximity of Bell
Drive) with the message “violent criminal lives matter, all others be damned”. She asked if the
tarp was being condoned by the Town and if that was the image the Town wanted to portray.
She noted that the tarp was the second one to appear on the property; the first tarp had offensive
words as well. She added that the tarp could be dangerous to motorists as winds could cause it
to blow into traffic, and stated it was also a distraction to drivers. She asked if the Board would
do something about the tarp and stated that she would like to hear the Board discuss the matter
tonight.
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 2
On another note, Ms. Jenkins stated that she was in favor of Planning Board Chairman
Newell’s letter of request to the Board (agenda item I-13) for a brief moratorium on solar
projects in order to strengthen and enhance the Town’s solar law.
Supervisor Williams thanked Ms. Jenkins for her comments.
There were no further requests for privilege of the floor.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
the following monthly reports:
1) Cortland Community SPCA – August 2020;
2) Town Clerk – August 2020;
3) Town Justice LeFevre and Town Justice Mathey – August 2020;
4) Water & Sewer Department – August 2020;
5) Fire & Safety Inspections – CEO Campbell – August 2020; and
6) Town Supervisor – August 2020.
All voting aye, the motion was carried.
Under old business there was discussion regarding the Aquifer Protection Permit
application submitted by Guggenheim Development Services, LLC c/o Bohler Engineering MA,
LLC, to construct a 3,000 sq. ft. motor vehicle service facility (Jiffy Lube), for property owned
by Route 13 Partners, LLC located at 870 Route 13, tax map #95.20-02-07.000. Attorney
DelVecchio explained the SEQRA process to the Board and noted that the Town Planning Board
already granted the appropriate approvals and that the Town Board was designated the lead
agency regarding SEQR.
Councilman Withey asked how much oil would be on site at any given time. He also
asked if the storage area has a berm so it can’t reach out into the aquifer.
Caryn Mlodzianowski, representing Bohler Engineering, answered that she did not have
an exact maximum amount of oil that would be on site at any given time. However, she
explained that there is a basement for the facility and that in itself is a containment area. There
are also no drains on the floor. No further questions were asked by the Board.
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 of the questions.
RESOLUTION #223 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #5 OF 2020 SUBMITTED BY
GUGGENHEIM DEVELOPMENT SERVICES, LLC C/O
BOHLER ENGINEERING MA, LLC (JIFFY LUBE) FOR
PROPERTY LOCATED AT 840 NYS ROUTE 13 AND
AUTHORIZE SUPERVISOR TO SIGN THE SEQRA
APPLICATION
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Guggenheim
Development Services, LLC c/o Bohler Engineering MA, LLC, to permit the construction of a
3,000 sq. ft. motor vehicle service facility (Jiffy Lube), for property owned by Route 13 Partners,
LLC located on the east side of NYS Route 13, approximately ¼ mile north of the NYS Route
13/Bennie Rd. intersection, tax map #95.20-02-07.000, 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
Guggenheim Development Services, LLC c/o Bohler Engineering MA, LLC (Jiffy Lube),
Aquifer Protection Permit #5 of 2020, 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 #5 of 2020.
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 3
RESOLUTION #224 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2020
SUBMITTED BY GUGGENHEIM DEVELOPMENT
SERVICES, LLC C/O BOHLER ENGINEERING MA, LLC
(JIFFY LUBE) SUBJECT TO CONDITIONS
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, the Cortland County Planning Department 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, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #5 of 2020,
submitted by Guggenheim Development Services, LLC c/o Bohler Engineering MA, LLC,
permitting the construction of a 3,000 sq. ft. motor vehicle service facility (Jiffy Lube), for
property owned by Route 13 Partners, LLC located on the east side of NYS Route 13,
approximately ¼ mile north of the NYS Route 13/Bennie Rd. intersection, tax map #95.20-02-
07.000, subject to the following conditions from the Town and County Planning Boards:
1. That an easement be written into the deeds of this property and the Cortlandville Crossing
property to insure that continued access to this site is provided from the Cortlandville
Crossing property in the future.
2. The applicant either reducing the number and square footage of building mounted
signage on the site to conform to the “Zoning Local Law of the Town of Cortlandville” or
the applicant applying for and receiving a bulk variance for the increased number and
square footage of signage.
3. The Town weighing the benefit of the increase number and square footage of signs to the
applicant vs. the health, safety and welfare of the community/neighborhood as is required
before any bulk variance may be granted.
4. Any floor drains in the facility being connected to a holding tank or sanitary sewer
equipped with an oil and grit separating tank.
5. Wastes collected in a holding tank must be disposed of through a licensed waste hauler.
6. Waste degreasing solvents must be stored in drums or a holding tank and disposed of
through a licensed waste hauler.
7. Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.
8. Storage facilities for tanks and/or drums require coated concrete floors and dikes to retain
accidental spills or leaks; a permanent roof to protect tanks or drums and to prevent
precipitation from entering dikes. Drums should be sealed, and tanks and drums must be
located away from floor drains.
9. Large drip pans should be kept beneath drums which have spigots and are stored in
horizontal position on racks.
10. Potentially contaminated scrap, including but not limited to scrap parts, batteries and used
filters shall be stored in proper containers to prevent environmental release of
contaminants.
11. The applicant’s submittal of a list and quantity of proposed chemicals to be stored on site
to the Town, and a plan of primary and secondary storage facilities for these chemicals.
12. The applicant’s submittal and the Town’s acceptance of the Spill Response Plan and Spill
Prevention, Control & Countermeasures Plan for the site.
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 4
13. The applicant obtaining approval of the public water and sewer connection, including the
installation of a backflow prevention device for the public water connection, from the
County Health Department and Town.
14. That no net loss of pervious surface be permitted to protect and preferably improve
infiltration capacity of the site and reduce effects of stormwater on adjacent properties
during low-frequency high rainfall storm events, and that standard erosion and sediment
control best management practices such as silt fencing, stable construction entrance, and
revegetation are employed during construction.
15. That visual screening is erected around the dumpster area.
16. The applicant providing to and obtaining approval from the Town of a more detailed
landscaping plan for the site to include additional landscaping other than just lawn areas.
17. The applicant’s submittal of a revised site plan indicating locations of snow storage on
site.
18. The applicant’s submittal of a lighting plan for the site to the Town which indicates that
there would be no lighting from this property in excess of 1.0 footcandle outside of the
property boundaries.
19. The Town reviewing the proposed building design for conformance with the Town’s
Design and Development Guidelines.
20. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Also under old business, there was discussion regarding the increase of Planning/Zoning
application fees and Fire and Safety Inspection fees according to the Town Fee Schedule.
Supervisor Williams explained that the proposed fees were presented to the Board at the last
meeting and that all Board members had the opportunity to ask questions to the appropriate
department heads. He suggested that if amended, the new fee schedule be effective October 1,
2020.
Councilman Withey voiced concern that some of the fee increases were large increases,
pointing out that the current Aquifer Protection Permit application fee was $100 and a $500 fee
was proposed. He suggested that the Board increase the fees gradually.
Supervisor Williams stated that he has had in-depth conversations with the departments
involved in the proposed fee increases and explained that many of the fees have been set for
dozens of years and that the proposed increase was in line with what other municipalities charge
for the same applications. The proposed fee increases were researched and discussed
extensively.
Councilman Withey reiterated his concern that the increases were drastic. He was also
concerned with the proposed effective date of October 1, 2020. Supervisor Williams asked
Town Clerk Rocco-Petrella what she thought about the effective date.
Town Clerk Rocco-Petrella explained that the fee increases involved planning and zoning
applications, building permit fees, and fire and safety inspection fees. She explained the timeline
of making applications. It was her opinion that the increase in fees would not pose a problem for
the departments as they could direct the applicants appropriately.
RESOLUTION #225 AMEND TOWN OF CORTLANDVILLE FEE SCHEDULE TO
REVISE THE PLANNING/ZONING, BUILDING PERMIT AND
FIRE SAFETY INSPECTION FEES EFFECTIVE
OCTOBER 1, 2020
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board does hereby amend the Town of Cortlandville Fee
Schedule (last amended 12/18/2019 by Resolution #280 of 2019) to revise the Planning/Zoning
application fees, the Building Permit fees for Solar applications, and the Fire Safety Inspection
fees as follows:
Planning/Zoning:
Aquifer Protection Permit Applications: $500.00
Conditional Permit Applications: $750.00
Revisions to existing approval: $350.00
Home Occupation: $100.00
Mobile Home Site Plan: $100.00
Variance:
Residential (Bulk): $100.00
Commercial (Bulk): $400.00
Use: $500.00 (new fee)
Residential (Use) $10.00 (eliminate)
Commercial (Use) $15.00 (eliminate)
Building Permits:
Solar:
All: $0.10 per square foot (eliminate)
Up to 5 MWac $0.10 per square foot (new fee)
5000 up to 25 MWac $0.15 per square foot (new fee)
Over 25 MWac $0.20 per square foot (new fee)
Fire Safety Inspections:
Multi-Family Occupancies*** - if allowed to do unit inspections
3 to 12 Units $18.00/unit
13 to 59 Units $16.00/unit
Over 60 Units $14.00/unit
Second re-inspection fee (for all buildings) $50.00 (new fee)
Under new business, Town Clerk Rocco-Petrella explained that her office was working to
complete the October water and sewer billing. She explained that the October billing period
typically reflects the highest water consumption for the year; consumptions were especially high
this year due to factors such as it being a dry summer and that more residents were home during
the day due to the pandemic. If customers were concerned with their water consumption they
were urged to contact her office for further review of their accounts.
Town Clerk Rocco-Petrella announced that Deputy Town Clerk, Abigail Albro recently
passed the Notary Public examination. She congratulated Ms. Albro as did the members of the
Board. Supervisor Williams stated that it was helpful for there to be numerous notaries in the
building and especially in the Town Clerk’s office. He suggested there be an incentive for
employees to become a notary.
Attorney DelVecchio reported:
Order - Pace vs. Town of Cortlandville et. al.:
Attorney DelVecchio recalled an incident that occurred in the Town Hall in which a
gentleman was arrested. A criminal case was pursued and after the fact, he attempted to serve a
Notice of Claim on the Town, which is a precursor to a lawsuit. There is a certa in time period in
which such a claim can be filed; in this case the time period lapsed. The gentleman filed an
action in Supreme Court to allow him to serve the notice of claim. The matter went before Judge
Blaise on August 14, 2020 and it was dismissed in its entirety. Attorney DelVecchio asked the
Board to acknowledge receipt of the Order.
RESOLUTION #226 ACKNOWLEDGE RECEIPT OF THE ORDER IN THE
MATTER OF ANTHONY PACE VS. TOWN OF
CORTLANDVILLE ET. AL.
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 6
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Order dated August 17, 2020 by Hon. Oliver N. Blaise, III, J.S.C. denying the petition of
Anthony Pace vs. Town of Cortlandville et. al.
Supervisor Williams reported:
New Entranceway for Raymond G. Thorpe Municipal Building:
Supervisor Williams apprised the Board that the proposed plan for a new entranceway to
the Town Hall was submitted to the New York State Office of Court Administration. He was
waiting for a response back regarding their approval.
Purchase Offer with Lime Hollow Nature Center:
Supervisor Williams reported that the purchase offer with Lime Hollow Nature Center
(LHNC) was still pending. He had not received a definitive answer regarding the purchase of 2.6
acres of land off of Gracie Road near the Gutchess Lumber Sports Complex.
Permission for Bowhunting on Town-Owned Property:
Supervisor Williams apprised the Board he received a request from Lime Hollow Nature
Center (LHNC) to allow bowhunting on Town-owned property that is leased by LHNC for
recreation purposes. The Board recently adopted a local law prohibiting “firearms” on Town-
owned property, however an exception was allowed with Town Board approval. Discussion
occurred amongst the Board and Councilman Withey voiced his concerns regarding proper
insurance for the property. Attorney DelVecchio explained that the lease agreement allows
LHNC to use the property in line with their recreational prerogative. LHNC also has insurance
on the property. Supervisor Williams explained that only one bowhunter, with the necessary
licensing requirements, would be hunting/managing the property. LHNC Board member, Bob
Martin added that LHNC has been practicing deer management for years; it is quite regulated
and managed well. Councilman Withey stated he was comfortable granting permiss ion as long
as LHNC had a hold-harmless agreement.
RESOLUTION #227 PERMIT EXCEPTION TO LOCAL LAW NO. 3 OF 2020 TO
AUTHORIZE THE LIME HOLLOW NATURE CENTER TO
BOWHUNT LEASED PROPERTY OWNED BY THE TOWN
OF CORTLANDVILLE FOR DEER MANAGEMENT
PURPOSES
Motion by Councilman Guido
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby permit an exception to Local Law No. 3 of
2020 to authorize the Lime Hollow Nature Center (LHNC) to bowhunt leased property owned by
the Town of Cortlandville for deer management purposes, and it is further
RESOLVED, the LHNC shall maintain the proper insurance coverage and only allow one
individual with the proper state licensing requirements to bowhunt the property, and it is further
RESOLVED, this exception shall be valid through the term of the lease of the property unless
otherwise revoked by the Town Board.
Video Recording Town Meetings:
Supervisor Williams informed the Board there was a recent article in the Cortland
Standard regarding the video presentation of meetings and the possibility of the State requiring
that all public meetings be videotaped and available for public viewing. He explained that the
Board has been working on accomplishing this since the beginning of the year, however there
have been some delays. He mentioned that Town employee, Nick Alteri has expertise in this
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 7
area. Supervisor Williams requested permission to form an exploratory committee to devise a
plan that would work for the Town. Councilman Withey stated he was in favor of the committee
and asked if the funding for equipment would come from the 2020 budget. Supervisor Williams
could not answer the question as this time without knowing the approximate cost of equipment
needed. Supervisor Williams stated that the committee members would be himself, the Town
Clerk, Supervisor’s Secretary, Water & Sewer Sup’t. Alteri and Reception Clerk, Nick Alteri.
RESOLUTION #228 AUTHORIZE SUPERVISOR TO FORM A COMMITTEE TO
DEVISE A PLAN TO ACCOMPLISH VIDEO RECORDINGS/
LIVE STREAMING OF TOWN MEETINGS
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to form a
committee to devise a plan to accomplish video recordings/live streaming of Town of
Cortlandville meetings, and it is further
RESOLVED, the committee members shall be Supervisor, Tom Williams, Town Clerk, Kristin
Rocco-Petrella, Supervisor’s Secretary, Patty O’Mara, Water & Sewer Superintendent, Peter
Alteri, and the Reception Clerk, Nicholas Alteri.
Town Board Reports:
Councilman Withey presented the Board with a recent article from the Cortland Standard
regarding Cortland County looking to enact a weapons policy. He mentioned the Town’s
recently adopted local law regarding weapons on Town property and was pleased that the Town
was leading the way in that endeavor.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
the Cortland County Soil and Water Conservation District Environmental Assessment of the
proposed EDF Renewables Inc. Homer Solar Energy Center Solar Array Installation Areas for
the Towns of Solon, Homer and Cortlandville, dated September 3, 2020. All voting aye, the
motion was carried.
RESOLUTION #229 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 2 OF 2020 AND LOCAL LAW
NO. 3 OF 2020
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local
Law No. 2 of 2020, Amending Chapter 171, Water and Sewer Code of the Town of
Cortlandville, and Local Law No. 3 of 2020, entitled “Firearms”, to be effective August 28,
2020.
RESOLUTION #230 AUTHORIZE WAIVING THE BUILDING PERMIT
APPLICATION FEE FOR THE CORTLANDVILLE
FIRE DISTRICT’S UTILITY BUILDING
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 8
WHEREAS, the Cortlandville Fire District requested the Town Board waive the building permit
fee for a utility shed, and
WHEREAS, the Board determined the Cortlandville Fire District to be a municipal agency that
may be exempt from the building permit application fee without setting precedent, therefore
BE IT RESOLVED, the Town Board does hereby authorize waiving the building permit
application fee for construction of a utility shed at the Cortlandville Fire District located at 999
NYS Route 13.
RESOLUTION #231 AUTHORIZE SUPERVISOR TO SIGN 5-YEAR CONTRACT
WITH VERIZON WIRELESS FOR TOWN CELL PHONES
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 authorize and direct the Supervisor to sign a 5-
year contract between Verizon Wireless and the Town of Cortlandville for Town cell phones.
RESOLUTION #232 AUTHORIZE APPROVAL REQUEST OF MELISSA DAVIS
FOR THE 2019 COMMUNITY DEVELOPMENT BLOCK
GRANT TOWN-WIDE HOUSING REHABILITATION
PROGRAM (CDBG #287HR323-19)
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 authorize the approval request of Melissa
Davis for property located at 471 Sears Road in the Town of Cortlandville, for a 100% deferred
loan for the 2019 Community Development Block Grant Town-Wide Housing Rehabilitation
Program (CDBG #287HR323-19), and it is further
RESOLVED, the work to be completed includes roofing, siding, windows & doors, insulation,
flooring, interior carpentry and plumbing, for a total cost of $28,767.00.
RESOLUTION #233 AUTHORIZE APPROVAL REQUEST OF TANESHA
HENRIQUES FOR THE 2019 COMMUNITY DEVELOPMENT
BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION
PROGRAM (CDBG #287HR323-19)
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 authorize the approval request of Tanesha
Henriques for property located at 3621 Kellogg Road in the Town of Cortlandville, for a 100%
deferred loan for the 2019 Community Development Block Grant Town-Wide Housing
Rehabilitation Program (CDBG #287HR323-19), and it is further
RESOLVED, the work to be completed includes windows & doors, exterior and interior and
electric, for a total cost of $26,850.00.
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 9
RESOLUTION #234 AUTHORIZE SUPERVISOR TO SIGN THE NYSDOT WORK
PERMIT FOR THE “MISCELLANEOUS WATER & SEWER
IMPROVEMENTS” PROJECT FOR WORK TO BE
COMPLETED FOR THE ROUTE 281 WATER MAIN
EXTENSION
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the New York
State Department of Transportation (NYSDOT) Highway Work Permit Application for Utility
Work to be completed by G. DeVincentis & Son Construction Co. Inc. on behalf of the Town of
Cortlandville for the “Miscellaneous Water & Sewer Improvements” project for work to be
completed for the Route 281 water main extension.
Under new business, Supervisor Williams announced that Highway Superintendent
Glenn Bassett submitted his letter of resignation for retirement to the Town Clerk on September
10, 2020 to be effective September 24, 2020. Councilman Cobb and the Board thanked Mr.
Bassett for his more than thirty years of service to the Town as both an employee of the Highway
Department and as the elected Highway Superintendent (since 2018).
RESOLUTION #235 ACCEPT RESIGNATION FOR RETIREMENT FROM GLENN
A. BASSETT AS TOWN SUPERINTENDENT OF HIGHWAYS
FOR THE TOWN OF CORTLANDVILLE EFFECTIVE
SEPTEMBER 24, 2020
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, after thirty years of service with the Town of Cortlandville, Highway
Superintendent Glenn A. Bassett has submitted a letter of resignation for retirement, therefore
BE IT RESOLVED, the Town Board does hereby accept, with regret, the letter of resignation for
retirement from Glenn A. Bassett as the elected Town Superintendent of Highways for the Town
of Cortlandville, to be effective September 24, 2020, and it is further
RESOLVED, the letter of resignation dated September 10, 2020 is hereby received and filed.
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file the
request from Christopher Newell, Chairman of the Town of Cortlandville Planning Board, for a
moratorium to be placed on the currently proposed solar projects in the Town for a maximum of
three months. All voting aye, the motion was carried.
There was discussion regarding Chairman Newell’s request for a moratorium on solar
projects in the Town. Councilman Guido asked if a moratorium would delay already proposed
solar projects or solar projects that were already approved.
Attorney DelVecchio explained that a project is considered “vested” once a building
permit has been issued. If a moratorium is imposed it could affect all solar projects that have not
been issued a building permit; if a building permit has been issued the moratorium cannot affect
the solar project. The moratorium would also have no effect on Article 10 applications. The
Board could choose for the moratorium to affect all of the projects or only some of the projects,
but cautioned the Board for uniformity and fairness. He recalled that prior to the adoption of the
Town’s Solar Law (in 2018) a moratorium was adopted and was in place for over a year while a
committee drafted the law. He commented that the Town went to great lengths to enact the law.
Projects are pending and developers have spent a considerable amount of money on their
projects. However, there was a request from the Planning Board to consider; a board that is
comprised of intelligent and diligent people. Members of the Board asked to hear from
Chairman Newell.
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 10
Chairman Newell addressed the Board. He stated that at the onset, he did not think the
Town would see this many projects; there are at least 10 to 12 projects that have been accepted
or are waiting to be accepted. He stated that there are concerns regarding the current
applications and that the Planning Board would like to hire professionals to review the Town’s
current law and perhaps suggest amendments to it. Mr. Newell stated that the Planning Board
suggested a three month moratorium as they did not want to stretch it out too long.
Councilman Withey asked whether a three month moratorium would be long enough to
review and amend the law. He also asked how long it would take for the Town’s comprehensive
plan to be finalized. Supervisor Williams explained that he had a draft comprehensive plan on
his desk, however the Comprehensive Plan Committee was still in the process of their review.
Chairman Newell stated that he was not sure whether the proposed Comprehensive Plan
would indicate where “we can and cannot have solar … do we have control over prime
farmland?”
Supervisor Williams suggested that language could be included in the Comprehensive
Plan for solar or the Town can amend the solar law. With regard to the time frame for adopting a
moratorium versus amending the solar law, Supervisor Williams stated that it could take two
months before a local law for a moratorium on solar was in place. He suggested that with some
effort, amendments to the solar law could be written and put into place in the same amount of
time.
The Board continued its discussion regarding the proposal for a moratorium on solar
farms, the process involved and the timeline. Attorney DelVecchio asked if the Board wanted to
direct him to draft a local law for a moratorium to allow time to research the solar law, and asked
if the moratorium would be applicable to pending solar applications.
Councilman Guido voiced concern for the moratorium affecting solar applications that
have already been approved by the Town that may not yet have a building permit, and for the
pending applications before the Town.
Councilman Withey asked Chairman Newell if there were concerns regarding the
pending applications. Chairman Newell stated that there were concerns and added that a new
solar application was expected to be made later in the month.
After further discussion, Attorney DelVecchio recommended the Board decide whether
or not to impose a moratorium and for how long and secondly, if the moratorium should apply to
the pending applications. If the Board did not want to enact a moratorium they could go through
the process to amend the solar law.
Supervisor Williams suggested that in fairness, if a moratorium is pursued it should apply
to applications that have not yet been made; the process should continue for applications that
have already been made.
Chairman Newell asked if the Planning Board should come up with proposed
amendments to the solar law instead of pursuing the moratorium. He explained that the Planning
Board has to complete a long environmental assessment form for every solar project they review.
The Planning Board wanted to hire outside consultants to go through the solar law; the
consultants’ review may influence how the Town amends the solar law.
Councilman Withey suggested that it may be a good idea to pursue the moratorium and
draft changes to the law. He was in favor of addressing the Planning Board’s concerns.
Supervisor Williams reiterated the time it could take to have a moratorium in place. After
further discussion, it was decided that Attorney DelVecchio would bring options back to the
Board for their consideration at the next Town Board meeting, including potential amendments
to the solar law.
No further discussion was had at this time.
Councilman Withey made a motion, seconded by Councilman Cobb, to recess the
Regular Meeting to an Executive Session to discuss personnel matters. All voting aye, the
motion was carried.
The meeting was recessed at 6:20 p.m.
Councilman Testa made a motion, seconded by Councilman Cobb, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 6:48 p.m.
Members of the public were invited to return to the meeting.
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 11
RESOLUTION #236 APPOINT LARRY J. DRACH AS SUPERINTENDENT OF
HIGHWAYS FOR THE TOWN OF CORTLANDVILLE
EFFECTIVE SEPTEMBER 25, 2020
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, the Office of Superintendent of Highways of the Town of Cortlandville shall be
vacant on September 24, 2020 due to the resignation for retirement of the person elected to said
office, now therefore
BE IT RESOLVED, the Town Board, pursuant to Town Law Section 64 (5) hereby appoints
Larry J. Drach of 3487 Pendleton St. Ext., Cortland, New York to fill the vacancy in the Office
of Superintendent of Highways of the Town of Cortlandville, effective September 25, 2020 until
December 31, 2021, and it is further
RESOLVED, the salary of the appointed Superintendent of Highways shall be $80,000 (pro-
rated) for the 2020 year.
Deputy Highway Superintendent, Larry Drach thanked the Board for the appointment to
Superintendent of Highways. He stated that he was honored and excited for the opportunity. He
explained his work history and knowledge of construction and roads. His career started at Suit-
Kote Corporation until securing a job with the County Highway Department. Two years later he
was hired by former Highway Superintendent, Carl Bush and has been employed by the Town
for the last 18 years. Mr. Drach was appointed Deputy Highway Superintendent in 2018. He
stated that the Highway Department has great employees and he was looking forward to further
improving the department. He invited and encouraged the members of the Board to visit the
Highway garage at any time.
Members of the Board thanked Mr. Drach and congratulated him on his appointment.
Councilman Cobb made a motion, seconded by Councilman Withey to authorize the
salary of $70,000 for a Deputy Superintendent of Highways. Discussion occurred regarding the
motion and a change to the position from being paid an hourly wage with overtime pay available
to a salaried position, and whether the position was considered “exempt” under the Federal
Labor Standards Act. After discussion, Councilman Withey withdrew his second on the initial
motion, with Councilman Cobb withdrawing his motion entirely. The matter was tabled until the
next meeting to allow more time to research the matter.
RESOLUTION #237 TABLE DISCUSSION REGARDING THE SALARY AND
POSITION OF DEPUTY SUPERINTENDENT OF HIGHWAYS
UNTIL OCTOBER 7, 2020
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 discussion regarding the salary and
position of Deputy Superintendent of Highways until the October 7, 2020 Town Board meeting
to allow more time to research the matter.
RESOLUTION #238 AUTHORIZE HIGHWAY SUP’T. TO HIRE CLAYTON
WALKER AS A PART-TIME LABORER FOR THE TOWN
HIGHWAY DEPARTMENT
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 12
BE IT RESOLVED, the Town Board hereby authorizes the Town Highway Sup’t. to hire
Clayton Walker as a part-time “Laborer” for the Town Highway Department at an hourly pay
rate of $16.25 in accordance with the Town Highway Payroll Schedule, and it is further
RESOLVED, the part-time position shall run through the end of the 2020 recreation season for
the purpose of maintenance/janitorial services on weekend days at the Gutchess Lumber Sports
Complex, and it is further
RESOLVED, the hiring of Mr. Walker is hereby declared an exception to the Town of
Cortlandville hiring freeze adopted by Town Board Resolution #135 of 2020 on June 3, 2020.
RESOLUTION #239 AUTHORIZE HIGHWAY SUPERINTENDENT TO HIRE ONE
NEW EMPLOYEE TO FILL ONE VACANT POSITION IN THE
TOWN HIGHWAY DEPARTMENT
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, due to the resignation of two highway department employees during the year 2020
and the recent resignation of the Town Highway Superintendent, vacancies exist in the Town
Highway Department, and
WHEREAS, per Town Board Resolution #135 of 2020, adopted June 3, 2020, the Town Board
directed there be a “hiring freeze for the Town of Cortlandville until such decision has been
rescinded by the Town Board at a later date”, therefore
BE IT RESOLVED, the Town Board does hereby authorize an exception to the hiring freeze to
allow one new employee to be hired for the Town Highway Department to fill one position
vacated in 2020.
RESOLUTION #240 AUTHORIZE SUPERVISOR TO CREATE A TEMPORARY
FULL-TIME POSITION “RECEPTION CLERK / COMPUTER
TECHNOLOGY EDUCATOR”
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to create a
temporary full-time position (35 hours per week) titled “Reception Clerk / Computer Technology
Educator” in accordance with the Civil Service Law, at the hourly rate of $20.00, effective
September 17, 2020 until December 31, 2020, and it is further
RESOLVED, current temporary employee, Nicholas Alteri shall continue to serve the Town in
such capacity, and it is further
RESOLVED, the temporary part-time position “Building Receptionist” is hereby eliminated, and
it is further
RESOLVED, the new temporary full-time position is hereby declared an exception to the Town
of Cortlandville hiring freeze adopted by Town Board Resolution #135 of 2020 on June 3, 2020.
SEPTEMBER 16, 2020 TOWN BOARD MEETING PAGE 13
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Cobb, to adjourn the Regular
Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:03 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 23, 2020.
The final version of this meeting was approved as written at the Town Board meeting of October 7, 2020.