HomeMy WebLinkAbout2020-10-21 Town Board Minutes
OCTOBER 21, 2020 5:02 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
CIPRIANI ENERGY, APPLICANT
THOMAS M. DEHAVEN, OWNER
1585 TOWER ROAD
TAX MAP #106.00-06-05.200
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 Cipriani Energy to construct a solar array, accessory
access driveway and security fencing encompassing approximately 14.72+/- acres, for property
located on the north side of Tower Road approximately 1,400 feet east of the Page Green
Road/Tower Road intersection and immediately north of the Town of Virgil boundary, tax map
#106.00-06-05.200.
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., Larry Drach;
Water & Sewer Sup’t., Peter Alteri Jr.; Deputy Town Clerk, Abigail Albro; Reception Clerk,
Nick Alteri; Chris Stroud representing Cipriani Energy; Town R esidents: John Conway; Stephen
Flatt; and News Reporter, Colin Spencer from the Cortland Standard.
*Councilman Guido joined the Public Hearing via Zoom video conference.
Supervisor Williams called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal
notice.
Supervisor Williams offered privilege of the floor to those in attendance.
No requests were made for privilege of the floor.
No further comments or discussion were heard.
The Public Hearing was closed at 5:04 p.m.
OCTOBER 21, 2020 5:04 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., Larry Drach;
Water & Sewer Sup’t., Peter Alteri Jr.; Deputy Town Clerk, Abigail Albro; Reception Clerk,
Nick Alteri; Chris Stroud representing Cipriani Energy; Town R esidents: John Conway; Stephen
Flatt; and News Reporter, Colin Spencer from the Cortland Standard.
*Councilman Guido joined the Regular Meeting via Zoom video conference.
Supervisor Williams asked for a moment of silence to honor former Councilman, Edwin
O’Donnell who passed away September 30, 2020. Mr. O’Donnell was a respected and long-time
member of the Town Board who served from 1979-2009 as an elected official. Mr. O’Donnell
was instrumental in much of the progress and previous successes of the Town.
Supervisor Williams called the meeting to order.
RESOLUTION #262 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1422 TO CNY FARM SUPPLY FOR THE PURCHASE OF A
MASSEY FERGUSON 5712S
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Guido, Testa, Withey NAY – 0
ABSTAIN - Cobb
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1422 submitted by the Highway Superintendent to be paid to CNY Farm
Supply (State Bid Contract #17-6221) for the purchase of a Massey Ferguson 4x4 Cab, 95 hp
PTO (Roadside Mower) and Diamond Belly Mounted Rotary Head Arm Mower from Stevenson,
and it is further
RESOLVED, the Town Board further authorizes the trade in of the Town’s 2015 Massey
Ferguson 6615 with Alamo Machete 2 (VIN #E141015; MB22-HF-00270), and it is further
RESOLVED, the total purchase price of $87,000.00 to include the trade in credit of $55,418.30
is hereby authorized.
RESOLUTION #263 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1423 TO CNY FARM SUPPLY FOR A 2021 TILT DECK
TRAILER
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Guido, Testa, Withey NAY – 0
ABSTAIN - Cobb
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1423 submitted by the Highway Superintendent to be paid to CNY Farm
Supply for the purchase of a 2021 PJ24’ Tilt Deck Trailer (16,000 lb. GVW) for the total cost of
$5,600.00.
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 2
Supervisor Williams offered privilege of the floor to John Conway.
Town resident, John Conway apprised the Board he was in attendance to discuss his
concerns regarding the speed limit and speeding vehicles on Bennie Road where he resides. He
explained that about ten months ago he received permission from the Town to install a radar
device on his property. The Sheriff’s Department and State Police have been monitoring the
speed however the problem remains.
Mr. Conway provided the Board with photos of the radar device and the roadway, in
which there is a dip in the road. He explained that the speed limit on Bennie Road traveling from
Wal-Mart is 30 MPH and changes to 45 MPH near his home and just before the entrance to
Walden Oaks Blvd. He voiced concerns not only for himself and his family trying to pull in and
out of their driveways, but also for the residents of the Walden Oaks develop ment and for the
golfers heading to Walden Oaks Golf Club.
Mr. Conway explained that with his radar device he generates reports of the speeds and
the number of vehicles that pass by. During February 2020, which included week 7 of his radar
device being used, he recorded 3800 cars travelling 36 MPH to 65 MPH in front of his home.
Recently his radar device tracked 2800 cars travelling those speeds. He suggested that the
decrease in the number of vehicles travelling Bennie Road may be due to his radar sign and the
increase in the presence of the Sheriff’s Department monitoring/enforcing the speed limit.
However, the weekly vehicle count travelling past his radar device (one way) was approximately
8,000 cars per week.
Mr. Conway apprised the Board that he was in communication with a representative from
the New York State Department of Transportation (NYS DOT) office in Syracuse and was given
suggestions on how to decrease the speed motorists’ travel without reducing the speed limit. He
explained that it could take the NYS DOT 8-12 months to complete a traffic study of the road.
Even if the speed limit was to reduce to 30 MPH the reduction in speed limit may not actually
slow motorists down. According to Mr. Conway the representative explained to him that since
Bennie Road is a Town Road, Mr. Conway could ask the Town Board to approve the placement
of stop signs on Bennie Road, at the intersection of Bennie Road and Walden Oaks Blvd., to
slow traffic down.
Mr. Conway asked the Board to take a hard look at the situation and his concerns and
asked that a three-way stop to be installed at the intersection of Bennie Road and Walden Oaks
Blvd. If approved, Mr. Conway stated he would donate his radar equipment, which cost him
approximately $3,000, to the Sheriff’s Department or State Police. He also stated that he would
personally purchase solar stop signs.
Supervisor Williams thanked Mr. Conway for his comments. At this time he asked the
members of the Board to make a motion to ask the Town Highway Sup’t. to pursue the request
for a three-way stop at the intersection of Bennie Road and Walden Oaks Blvd with the County
Highway Department.
Attorney DelVecchio asked Mr. Conway if he spoke to the NYS DOT regarding the
process for his request. Mr. Conway answered that he discussed the process with the NYS DOT.
He explained that a speed reduction request would have to be approved by the Town, forwarded
to the County (for comment/approval), and then forwarded to the NYS DOT. The NYS DOT
would conduct a study, which could take 8-12 months. Supervisor Williams explained that stop
signs are not regulated the same way that speed reduction requests are.
Supervisor Williams again suggested a motion by the Board to authorize the Highway
Sup’t. to pursue the installation of two stop signs on Bennie Road, at the intersection of Bennie
Road and Walden Oaks Blvd, with the County Highway Department. If there are no objections
from the County the signs could be installed.
Attorney DelVecchio asked if the Board wanted to address the issue of who would pay
for the stop signs. Supervisor Williams stated that the Town should pay for the solar stop signs
(approximately $2,000 per solar stop sign), which the Board agreed to.
RESOLUTION #264 AUTHORIZE HIGHWAY SUPERINTENDENT TO PROCEED
WITH THE INSTALLATION OF TWO STOP SIGNS TO BE
LOCATED ON BENNIE ROAD AT THE INTERSECTION OF
BENNIE ROAD AND WALDEN OAKS BLVD. SUBJECT TO
CORTLAND COUNTY HIGHWAY DEPARTMENT
APPROVAL
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 3
BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway
Superintendent to proceed with the installation of two stop signs (solar) to be located on Bennie
Road, at the intersection of Bennie Road and Walden Oaks Blvd., subject to Cortland County
Highway Department approval.
RESOLUTION #265 AUTHORIZE PAYMENT OF VOUCHERS – OCTOBER
Motion by Councilman Withey
Seconded by Councilman Testa
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 #1344-1424
HG, SF, SS, SW General Fund A $ 96,817.95
General Fund B $ 2,364.76
Highway Fund DA $ 0.00
Highway Fund DB $ 47,652.77
Gutchess Lumber SC Project HG $ 152,246.27
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 182,757.27
Water Fund SW $ 15,244.60
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 #32-34
Trust & Agency TA $ 39,323.21
Expendable Trust TE $ 0.00
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the
following monthly reports: 1) Cortland Community SPCA – September 2020; 2) Town Justice
LeFevre and Town Justice Mathey – September 2020; and 3) Fire & Safety Inspector Campbell
– September 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 October 6, 2020, regarding programming
services. All voting aye, the motion was carried.
Under old business, there was discussion regarding the Aquifer Protection Permit
application submitted by Cipriani Energy for property located at 1585 Tower Road. Attorney
DelVecchio explained that the Town Planning Board was the lead agency for the project and
conducted the SEQR review. The Planning Board and approved the Conditional Permit for the
project and recommended approval of the Aquifer Protection Permit. Chris Stroud, representing
Cipriani Energy was in attendance to answer any questions posed by the Board.
Mr. Withey asked questions pertaining to the SEQR review by the Town Planning Board
and asked if Highway Sup’t. Drach had any concerns regarding the project, which he did not.
There was a brief discussion regarding the conditions set by the Town and County Planning
Boards. Mr. Stroud explained that all concerns were resolved. He added that the calculation of
soil and water disturbance was completed successfully and submitted to PZO Weber. With no
further questions, the Board took action on the Aquifer Protection Permit.
RESOLUTION #266 APPROVE AQUIFER PROTECTION PERMIT #6 OF 2020
SUBMITTED BY CIPRIANI ENERGY FOR PROPERTY
OWNED BY THOMAS DEHAVEN SUBJECT TO
CONDITIONS
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 4
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, the Town Planning Board as Lead Agent duly reviewed and completed the Full
Environmental Assessment Form and determined that the proposed action will not produce any
significant adverse environmental impact, resulting in a Negative Declaration under SEQRA,
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 #6 of 2020,
submitted by Cipriani Energy permitting the construction of a solar array, accessory access
driveway and security fencing encompassing approximately 14.72+/- acres, for property owned
by Thomas DeHaven located on the north side of Tower Road approximately 1,400 feet east of
the Page Green Road/Tower Road intersection and immediately north of the Town of Virgil
boundary, tax map #106.00-06-05.200, subject to the following conditions from the Town and
County Planning Boards:
1. That warning signs, owner’s name and contact information signs be installed every
200 ft. along the proposed security fence including on the secured access gate.
2. That the applicant providing assurances to the Town that the necessary steps would
be taken to minimize reflective glare impact on surrounding residential properties.
3. That the applicant submit a landscaping plan for the site to the Town providing
additional landscaped screening for the residential properties to the south of the
proposed project.
4. The applicant obtaining written approval for the new driveway entrance to Tower
Road from the Town Highway Superintendent since Tower Road is a Town road.
5. That a second security gate is erected at the driveway entrance from Tower Road to
deter any unwanted parking or trespassing on the property.
6. That a maintenance schedule be established to ensure that vegetative cover
underneath the panels is maintained post-construction as it will be the primary
management practice for stormwater on site.
7. That the applicant plant species native to central New York wherever possible for the
benefit of pollinators, songbirds and other wildlife species and that landscaped buffers
be planted with native New York tree species and that all other revegetation of
disturbed areas be planted with suitable NY native plant species.
8. The applicant preparing and obtaining approval of a stormwater pollution prevention
plan (SWPPP) including water quality and quantity management for this site both
during and after construction from the Town upon review by the County Soil and
Water Conservation District since this project would disturb more than one acre of
land.
9. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution
prevention plan for the site per the NYS Phase II stormwater regulations and
obtaining a NYSDEC Construction Stormwater Permit GP-0-15-002 coverage since
this project would disturb more than one acre of land. The SWPPP must meet the
current Stormwater Management Design Manual and the Runoff Reduction and
Green Infrastructure requirements.
10. That the Town review its Agricultural & Farmland Protection Plan to ensure that this
proposal conforms to the adopted Plan.
11. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 5
Under new business, Town Clerk Rocco-Petrella apprised the Board that in December
2019 she received authorization (Resolution #286 of 2019) to proceed with online tax collection
payments utilizing Municipay through taxlookup.net and to enter into the agreement with
Municipay subject to Attorney review. However, due to the length of time Municipay needed in
order to get the program set up, taxpayers would not have been able to make online payments
until after January 31, 2020, which was when the tax bills were due without penalty. Town
Clerk/Tax Collector Rocco-Petrella explained that she opted to push the start date of the new
program, and noted that taxpayers already had the option to pay their bills using credit card or
electronic check (e-check) in person or over the phone. Looking ahead to the 2021 tax collection
season, taxpayers will be able to make their tax payments online if they choose to do so
(approximate fees of 2.65% for credit card use; $1.50 flat fee for e-check).
Additionally, due to the COVID-19 pandemic Town Clerk Rocco-Petrella encouraged
taxpayers to make their 2021 tax payments by mail, online by credit card or electronic check, or
to utilize the Town’s drop box located curbside at the main entrance of the Town Hall.
Also under new business, Town Clerk Rocco-Petrella informed the Board she was in
receipt of the 2021 Adopted Budget for the Cortlandville Fire District. She asked the Board to
acknowledge its receipt.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the
2021 Adopted Budget for the Cortlandville Fire District. All voting aye, the motion was carried.
Attorney DelVecchio reported:
Proposed Lease Agreement with Park Outdoor Advertising of New York, Inc.:
Attorney DelVecchio discussed the proposal by Park Outdoor Advertising of New York,
Inc. to lease a portion of Town property known as the Gutchess Lumber Sports Complex (GLSC)
to locate a sign/billboard off of Route 13. At the last Town Board meeting the Board asked
Attorney DelVecchio to suggest a 5-year lease rather than the 10-year lease that was proposed.
Attorney DelVecchio reported that he posed the question to the company and they were not
willing to reduce the term of the lease. He reminded the Board that the proposed lease was for
$16,000 per year. According to the proposed lease, after the original term, the lease shall
continue in full force from year to year for a period of ten (10) consecutive years unless
terminated at the end of the original term or on the anniversary date of each additional year
thereafter. The lease term will be extended for the same amount of time and could be extended
or terminated
Supervisor Williams noted that the company would be making substantial investment
including the necessary infrastructure/power to the site. It would not be worthwhile for Park
Outdoor to make such an investment for a 5-year lease. To his knowledge a 10-year contract
was standard.
Councilman Withey asked Attorney DelVecchio if he had an answer regarding the need
for a use and area variance. Attorney DelVecchio stated he was looking into the matter and had
conversations with PZO Bruce Weber and former Town Attorney, John Folmer. The question
was whether an area and use variance was needed given the fact that the property is owned by
the Town; could the Town waive the need for the variances? According to the letter of the law,
as proposed a use and area variance is warranted. However, in the past the Town Board has not
received approvals from the Planning Board or Zoning Board of Appeals when it comes to town
parks.
While he supported the terms of the lease, Councilman Withey stated that he did not see
why the Town would be exempt from needing a variance. Councilman Testa commented that
the revenue for the Town over ten years would be $160,000 which he was satisfied with.
Supervisor Williams asked for a vote on the matter.
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 6
RESOLUTION #267 AUTHORIZE SUPERVISOR WILLIAMS TO EXECUTE A 10-
YEAR LEASE AGREEMENT BETWEEN THE TOWN OF
CORTLANDVILLE AND PARK OUTDOOR ADVERTISING
OF NEW YORK, INC. FOR SPACE ON PREMISES
IDENTIFIED AS THE GUTCHESS LUMBER SPORTS
COMPLEX, LOCATED AT 3111 BYRNE HOLLOW
CROSSING, FOR THE PURPOSE OF PLACING AN
ADVERTISING SIGN STRUCTURE SUBJECT TO
PERMISSIVE REFERENDUM AND ANY AND ALL
NECESSARY APPROVALS BY THE TOWN
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby authorize
and direct the Supervisor to execute a 10-year lease agreement between the Town of
Cortlandville and Park Outdoor Advertising of New York, Inc. for the rental of exclusive space
on the premises identified as the Gutchess Lumber Sports Complex located at 3111 Byrne
Hollow Crossing in the Town of Cortlandville, a portion of tax map #105.00-04-02.000, for the
purpose of placing an advertising sign structure at the total annual rental of $16,000.00, and it is
further
RESOLVED, the location of the display shall be 0.13 miles south of Byrne Hollow Crossing on
the west side of Route 13 facing north and south, and it is further
RESOLVED, this resolution is adopted Subject to Permissive Referendum as required by law
and subject to any and all necessary approvals by the Town.
South Cortland Cemetery - McAllister Trust Fund:
Attorney DelVecchio apprised the Board that the County Attorney’s Office approached
him and the Town Clerk several months ago regarding the Daniel McAllister Trust Fund set up
for the purpose of cemetery maintenance for the burial site of Daniel McAllister who passed
away in 1933. The fund, initially $296.25 has been managed by the County for nearly 90 years.
Earned interest is turned over to the Town for cemetery maintenance. The Town does not have a
separate budget line for cemeteries but rather maintains cemeteries using funds from the general
fund.
Attorney DelVecchio informed the Board that a Surrogate Court proceeding commenced
and he was served with papers asking for the fund to be extinguished and released to Mr.
McAllister’s next of kin. Attorney DelVecchio stated that the request was reasonable, unless the
Town Board feels the money should come to the Town. He would be addressing the issue in
court in early December and asked for the Board’s input.
Supervisor Williams mentioned another idea to contact the heir of the family and suggest
the Town purchase a plaque to be mounted in the cemetery with language to the effect that
maintenance of the cemetery has been ongoing in the memory of Mr. Mc Allister. Councilman
Testa asked if it would be better for the family to make the decision as to what was done with the
money. Attorney DelVecchio explained that the Surrogate Court could not make that decision.
The money has to go to the Town of Cortlandville unless otherwise agreed by the heirs.
Attorney DelVecchio suggested the Board authorize him to settle the matter in a reasonable and
fair way.
RESOLUTION #268 AUTHORIZE TOWN ATTORNEY TO SETTLE THE MATTER
OF THE DANIEL MCALLISTER CEMETERY TRUST
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 and direct the Town Attorney to
settle the matter of the Daniel McAllister Cemetery Trust in a fair and reasonable manner and not
unfavorable to the Town.
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 7
Town Board Reports:
Councilman Withey apprised the Board he reached out to Assemblywoman Lifton’s
office to inquire about the process to accomplish the alienation of a portion of land from the
Gutchess Lumber Sports Complex for the purpose of constructing a highway storage building.
He explained that a bill would have to be sponsored by a Member of Assembly and moved
through the Legislature. If the sale of a portion of property from the Lime Hollow Nature Center
(LHNC) to the Town is approved by the LHNC, Councilman Withey stated that the proposed
new building would be placed “out of site and out of mind”. He asked the Board to consider
requesting a portion of the GLSC land be alienated for the purpose of the storage building, and
mentioned that the utilities were already available at that location.
Councilman Testa asked for further clarification regarding Councilman Withey’s request.
He stated that a storage building was necessary for the GLSC and that such a building should
have been located at the park in the beginning.
Attorney DelVecchio recalled that the Board had formal discussion with LHNC
regarding a conveyance of land to the Town for purposes of constructing the highway garage.
The main purpose of the negotiations was to avoid the alienation of park property. The sale,
lease or use of park land is prohibited unless authorized by a legislative process, referred to by
Councilman Withey. It was his hope and a majority of the Board’s hope, to avoid the process
which includes the recommendation of a local senator and a lengthy legislative approval by the
State in order to have a determination that any portion of the park can be used for town purposes.
Attorney DelVecchio stated he wanted the Board to understand why the negotiations with LHNC
occurred.
Councilman Withey stated he would like the Board to discuss the matter further and to
weigh the cost/benefit to the Town. He stated that he was not in opposition to the building but
was opposed to the proposed location off of Gracie Road at the property owned by LHNC. He
reiterated that the building should be located in the public view. Councilman Testa added that
the Highway Sup’t. should weigh in on the best location for the building.
Supervisor Williams asked what action Councilman Withey was requesting be taken.
Councilman Withey asked the Board to think about his request and to discuss it at the
November 4, 2020 Town Board meeting. He added that LHNC has not decided if they will sell
the property to the Town at this point or not.
Supervisor Williams reported:
Nomination for Town Hall of Fame:
Supervisor Williams suggested the Board make a nomination to the Committee for the
Town Hall of Fame to include former Town Councilman, Edwin O’Donnell. Members of the
Board voiced their approval for the nomination and asked that the nomination be forwarded to
the Committee.
RESOLUTION #269 NOMINATE FORMER TOWN COUNCILMAN, EDWIN
O’DONNELL TO THE TOWN HALL OF FAME COMMITTEE
TO BE CONSIDERED FOR INCLUSION ON THE TOWN
HALL OF FAME
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 nominate the late and former Town
Councilman, Edwin O’Donnell to the Town Hall of Fame Committee to be considered for
inclusion on the Town Hall of Fame.
Town Meeting Space and Town of Cortlandville Flag:
Supervisor Williams took an opportunity to thank Water & Sewer Sup’t. Alteri for his
work to transform a portion of the Municipal Garage to a new meeting space. The Board
applauded Sup’t. Alteri.
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 8
Supervisor Williams commented that with all the improvements to the meeting space, he
realized that the Town does not have its own flag. Sup’t. Alteri worked with Selco Industries to
design a flag for the Town, which Supervisor Williams suggested be purchased to be displayed at
the municipal buildings and town parks. The flag would display the Town ’s logo on a light blue
background.
RESOLUTION #270 AUTHORIZE PURCHASE OF “TOWN OF CORTLANDVILLE”
FLAGS TO BE DISPLAYED AT MUNICIPAL BUILDINGS
AND TOWN PARKS
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 purchase of twelve (12) “Town
of Cortlandville” flags from Selco Industries at the cost of $80.00 each to be displayed at the
various municipal buildings including the Raymond G. Thorpe Municipal Building, Municipal
Garage, Highway Garage, Gutchess Lumber Sports Complex and Testa Park.
GLSC – Accessible Playground:
Supervisor Williams displayed photos of the new accessible playground at the Gutchess
Lumber Sports Complex. At this point all of the equipment had been installed. The final stages
of the project were still underway, which included playground mats to go underneath the
equipment, seeding, and curbing.
Railroad Crossing on McLean Road:
Supervisor Williams apprised the Board he spoke with Jeff Breed from Gutchess Lumber
regarding the removal of the railroad tracks on McLean Road. Mr. Breed was working with the
County Highway Department regarding the situation. Supervisor Williams recalled that the
Town Board already approved the purchase of signage for McLean Road subject to approval
from the County Highway Superintendent.
With nothing further to report, Supervisor Williams moved on in the agenda with new
business items.
RESOLUTION #271 AUTHORIZE SUPERVISOR TO SIGN THE OWNER-
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
MELISSA DAVIS FOR THE TOWN-WIDE HOUSING
REHABILITATION GRANT 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 and direct the Supervisor to sign the
Owner-Occupied Loan Agreement between the Town of Cortlandville and Melissa Davis, 471
Sears Road, Cortland, New York, regarding the extension of loan funds by the Town’s CDBG
Program (#287HR323-19) for the total amount of $28,767.00.
RESOLUTION #272 AUTHORIZE SUPERVISOR TO SIGN THE OWNER-
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
TANESHA HENRIQUES FOR THE TOWN-WIDE HOUSING
REHABILITATION GRANT PROGRAM CDBG #287HR323-19
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 9
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Owner-Occupied Loan Agreement between the Town of Cortlandville and Tanesha Henriques,
3621 Kellogg Road, Cortland, New York, regarding the extension of loan funds by the Town’s
CDBG Program (#287HR323-19) for the total amount of $26,850.00.
RESOLUTION #273 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN’S 2019 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN-WIDE
REHABILITATION PROGRAM BETWEEN THE TOWN AND
DAVID BRAGG
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 Supervisor to sign the Affidavit
regarding the Town’s 2019 Community Development Town-Wide Housing Rehabilitation Program,
between the Town of Cortlandville and David Bragg, 3483 US Route 11, Cortland, New York
regarding the extension of loan funds by the Town’s CDBG Program #287HR323-19 for the total
amount of $32,664.90.
RESOLUTION #274 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE
TOWN-WIDE HOUSING REHABILITATION GRANT
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 approval of payment for the
following regarding the Town-Wide Housing Rehabilitation Grant Program-CDBG #287HR323-
19:
Empire Construction of CNY, LLC – $11,875.00 (Partial Payment - Davis)
RESOLUTION #275 SCHEDULE PUBLIC HEARING REGARDING THE
2021 PRELIMINARY BUDGET
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, a Public hearing is hereby scheduled to be held on November 4, 2020 at
5:00 p.m., or as soon thereafter as the parties may be heard, at the Municipal Garage located at
3587 Terrace Road, Cortland, New York regarding the 2021 Preliminary Budget, and it is further
RESOLVED, that copies shall be made available for distribution to the public on November 4,
2020.
RESOLUTION #276 SCHEDULE DATE TO ADOPT THE 2021 PRELIMINARY
BUDGET AS THE 2021 ADOPTED BUDGET
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 10
BE IT RESOLVED, the Town Board shall adopt the 2021 Preliminary Budget as the 2021
Adopted Budget at the Regular Town Board Meeting on Wednesday, November 18, 2020 at 5:00
p.m.
RESOLUTION #277 SCHEDULE PUBLIC HEARINGS FOR AQUIFER
PROTECTION PERMIT APPLICATIONS SUBMITTED BY
SUIT-KOTE CORPORATION FOR PROPERTY LOCATED AT
3779 ROUTE 11 AND BY CORTLAND TRAVEL HOLDINGS
INC. FOR PROPERTY LOCATED AT 3742 ROUTE 11
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for November 4, 2020 at 5:00 p.m. for
an Aquifer Protection Permit application submitted by Suit-Kote Corporation to construct two
200 ton asphalt storage tanks, a new service gas building and a new scale platform to weigh
trucks at an existing batch mix blacktop plant, for property located at 3779 Route 11, tax map
#97.00-01-31.000, and it is further
RESOLVED, a Public Hearing shall be scheduled for November 4, 2020 at 5:00 p.m., or as soon
thereafter as the parties may be heard, for an Aquifer Protection Permit application submitted by
Cortland Travel Holding Inc. to install a 9,400 gallon below ground storage tank for a non -
petroleum based material to an existing fuel station, for property located at 3742 Route 11, tax
map #97.02-01-24.000.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file
correspondence from Empire State Development, dated October 16, 2020, regarding the public
comment period deadline of November 17, 2020 for the Gutchess Lumber Sports Complex Phase
1 Capital Project. All voting aye, the motion was carried.
Councilman Withey made a motion, seconded by Councilman Cobb, to recess the
Regular Meeting to an Executive Session to discuss a personnel matter and a potential lease. All
voting aye, the motion was carried.
The meeting was recessed at 6:10 p.m.
Councilman Cobb made a motion, seconded by Councilman Withey, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 7:10 p.m.
Members of the public were invited to return to the meeting.
The Board took action to accept the 2021 Tentative Budget with modifications as the
2021 Preliminary Budget to provide for salary modifications.
RESOLUTION #278 ACCEPT 2021 TENTATIVE BUDGET WITH
MODIFICATIONS AS THE 2021 PRELIMINARY BUDGET
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, the 2021 Tentative Budget was presented to the Town Board at the October 7, 2020
Town Board Meeting, and
OCTOBER 21, 2020 TOWN BOARD MEETING PAGE 11
WHEREAS, the Town Board conducted a Special Meeting/Workshop for the purpose of
discussing the 2021 Tentative Budget and has made the following modifications:
INCREASE/
FUND FUND NAME TENTATIVE DECREASE AMOUNT PRELIMINARY
CHANGES IN EXPENDITURES – GFA
A1110.1 Town Justices - Personnel Services $ 279,990.00 Increase $ 3,582.00 $ 283,572.00
A1355.1 Assessors - Personnel Services $ 81,425.00 Increase $ 1,043.00 $ 82,468.00
A1410.1 Town Clerk - Personnel Services $ 174,286.00 Increase $ 8,723.00 $ 183,009.00
A1420.1 Law - Personnel Services $ 48,882.00 Increase $ 635.00 $ 49,517.00
A1430.1 Personnel - Personnel Services $ 146,670.00 Increase $ 1,296.00 $ 147,966.00
A1460.1 Records Management - Personnel $ 4,457.00 Increase $ 58.00 $ 4,515.00
A5010.1 Sup’t. of Highways - Personnel Services $ 80,000.00 Increase $ 1,040.00 $ 81,040.00
A7510.1 Historian - Personnel Services $ 2,600.00 Increase $ 34.00 $ 2,634.00
A9030.8 Employee Benefits - Social Security $ 73,937.00 Increase $ 1,256.00 $ 75,193.00
CHANGES IN EXPENDITURES – GFB
B1460.1 Records Management - Personnel $ 5,243.00 Increase $ 68.00 $ 5,311.00
B8664.1 Code Enforcement - Personnel Services $ 107,614.00 Increase $ 1,392.00 $ 109,006.00
B9030.8 Employee Benefits - Social Security $ 10,937.00 Increase $ 112.00 $ 11,049.00
CHANGES IN EXPENDITURES – SS
SS8110.1 Sewer Admin - Personnel Services $ 113,012.00 Increase $ 1,449.00 $ 114,461.00
SS8120.41 Sanitary Sewers - Replacement Proj. $ 15,000.00 Decrease $ 1,560.00 $ 13,440.00
SS9030.8 Employee Benefits - Social Security $ 8,646.00 Increase $ 111.00 $ 8,757.00
CHANGES IN EXPENDITURES – SW
SW8310.1 Water Admin - Personnel Services $ 166,907.00 Increase $ 2,654.00 $ 169,561.00
SW8340.41 Transmission & Distribution-Rep.Proj.$ 158,607.00 Decrease $ 2,857.00 $ 155,750.00
SW9030.8 Employee Benefits - Social Security $ 12,769.00 Increase $ 203.00 $ 12,972.00
CHANGES IN UNEXPENDED FUND BALANCE – GF A
A599 Unexpended Fund Balance $ 500,000.00 Increase $17,667.00 $ 517,667.00
CHANGES IN UNEXPENDED FUND BALANCE – GFB
B599 Unexpended Fund Balance $ 94,302.00 Increase $ 1,572.00 $ 95,874.00
THEREFORE, BE IT RESOLVED, the Town Board does hereby accept the 2021 Tentative
Budget with modifications as the 2021 Preliminary Budget.
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 7:30 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 November 9, 2020.
The final version of this meeting was approved as written at the Town Board meeting of November 18, 2020.