HomeMy WebLinkAbout2021-01-06 Town Board Minutes
JANUARY 6, 2021 5:09 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held via
Zoom video and telephone conferencing with Supervisor Williams presiding as permitted by the
Executive Order of the Governor of the State of New York due to the COVID-19 pandemic.
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 DelVecchio; Highway Sup’t. Larry Drach;
Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; and News Reporter:
Colin Spencer from the Cortland Standard.
Supervisor Williams called the meeting to order.
RESOLUTION #01 ACCEPT 2021 VENDOR LIST FOR THE TOWN HIGHWAY
DEPARTMENT/WATER-SEWER DEPARTMENT
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the 2021 Vendor List submitted by
Highway Sup’t. Drach listing vendors used by the Highway Department and Water/Sewer
Department for the year 2021 as follows:
VENDOR PO Number VENDOR PO Number VENDOR PO Number
Aftermarket Effects 1280 Evolution Consulting South 1418 NuWay Hydraulics 1344
Allied Spring & Service Inc. 1281 Fastenal Company 1312 PACS Security Sentinel Sys. 1345
Ames Linen Service Inc. 1282 Finger Lakes System Chem 1313 Pump Service Supply 1386
Amrex Chemical Co Inc. 1283 First Choice Asphalt 1314 Rich & Rich Towing 1346
AT&T Mobility 1284 FS Lopke Contracting Inc. 1315 Ricoh USA Inc. 1347
AW Direct Inc. 1285 FW Webb 1381 Royal Chevrolet Cortland Inc. 1348
Beard Electric LLC 1286 Gartner Equipment 1383 RT 13 Rocks LLC 1349
Beck Equipment Inc. 1287 Genson Overhead Door Inc. 1316 Safetly Kleen 1350
BSN Sports Inc. 1288 Grainger Parts 1317 Skyline Electric Supply Co Inc 1351
Builders Best Do It Center 1289 Grant Street Construction Inc. 1318 Stadium International Trucks 1352
Cargill Inc. Salt Division 1290 Haun Welding Supply Inc. 1319 Staples Credit Plan 1353
Carrier – Mac Tools 1291 HEP Sales 1320 Steel Sales Inc. 1354
Casella Waste System Inc. 1292 HD Supply LTD (Core&Main) 1321 Stubs Tree Service 1355
Chemung Supply Corp. 1293 Holbrook’s Precast Inc. 1323 Suit-Kote Corp. 1356
Cincinnatus Home Center 1294 Homer Iron Works LLC 1324 Superior Plus Energy SVC Inc 1357
Cintas Corporation 1295 Homer Men & Boys Store Inc. 1325 Tallmadge Tire Service 1358
Clark Equipment Co. 1296 Hummel’s Office Equip Co. 1326 Team EJ Prescott 1384
CNY Farm Supply 1297 I-D Booth Inc. 1327 T.H. Kinsella 1359
CNY Rental 1298 JC Smith Inc. 1328 Thompson & Johnson Equip. 1360
CNY Signs & Graphics 1299 J&J Equipment 1329 Tifco Industries 1393
Commercial Maint. Supply 1300 Jack McNerney Chevrolet 1330 Ti-Sales Inc. 1361
Cook Brothers (Triple Cities) 1413 Joe Johnson Equip USA Inc. 1331 Tractor Supply Co. 1362
Cortland Country Max 1301 Kellogg Auto Supply Co Inc. 1332 Triple Cities ACQ LLC 1363
Cortland County Hwy Dept. 1302 Kinsley Power Systems 1333 United Radio 1364
Cortland County SWCD 1303 KJ Electric 1334 Vantage Equipment LLC 1365
Cortland Ready Mix 1304 Kurtz Truck Equip. Inc. 1335 Vellano Companies 1366
Cortland Water Department 1305 Lawson Products Inc. 1336 Verizon Wireless 1367
Cortland Wholesale Electric 1306 Lehigh Hanson 1337 Walmart Community 1368
Crossroads Highway Supply 1307 Lowes 1338 WEX Bank 1369
Cummins Northeast Inc. 1308 Meldrim’s Paint Center 1339 Zep Sales & Service 1370
D&L Landscaping 1382 Micro-Bac Labs 1340
D&W Diesel Inc. 1309 Murdock’s Excavation 1341
Dovi Motors 1310 Northern Block LLC 1342
EMA of New York 1385 Northern Nurseries of NY Inc. 1343
Empire Tractor 1311
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 2
RESOLUTION #02 AUTHORIZE PAYMENT OF VOUCHERS – YEAR END 2020
(ABSTRACT #28)
Motion by Councilman Withey
Seconded by Councilman Cobb
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 #1771-1800
HG, SF, SS, SW General Fund A $ 15,091.36
General Fund B $ 1,863.14
Highway Fund DA $ 0.00
Highway Fund DB $ 3,213.89
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 1,260.27
Water Fund SW $ 4,864.54
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
RESOLUTION #03 AUTHORIZE PAYMENT OF VOUCHERS – JANUARY
Motion by Councilman Withey
Seconded by Councilman Cobb
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 #1-11
HG, SF, SS, SW General Fund A $ 62,299.01
General Fund B $ 6,570.00
Highway Fund DA $ 0.00
Highway Fund DB $ 50,400.00
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 2,625.00
Water Fund SW $ 13,502.00
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
Councilman Cobb made a motion, seconded by Councilman Testa to receive and file the
Dog Control Officer Inspection Report and the Municipal Shelter Report from NYS Agriculture
& Markets, dated December 14, 2020, regarding the “Unsatisfactory” DCO and dog shelter
services at the time of inspection for the Cortland Community SPCA. All voting aye, the motion
was carried.
Councilman Testa made a motion, seconded by Councilman Withey, to receive and file
the following monthly reports:
1) Code Enforcement Officer, Kevin McMahon – December 2020;
2) Town Clerk – December 2020;
3) Town Clerk – November 2020 (Corrected).
All voting aye, the motion was carried.
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 3
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
correspondence from Charter Communications, dated December 31, 2020, regarding
programming services. All voting aye, the motion was carried.
Under new business, Town Clerk/Collector Rocco-Petrella commented that the 2021
Town/County tax collection season was underway and was off to a busy start.
Town Board Reports:
Councilman Withey reported that he was starting up a blog concerning things that go on
in the Town to provide more information to the public. He would provide the Board with more
information and the link to his blog at a later date.
Supervisor Williams reported:
Memo from Councilman Withey:
Supervisor Williams commented that he was in receipt of a memo from Councilman
Withey to the members of the Cortlandville Zoning Board of Appeals. Supervisor Williams
cited Town Law, Section 64, in which an individual board member may not unilaterally act on
behalf of the board. Each board member has the same authority as every other board member.
He questioned whether Councilman Withey’s formal communication to the ZBA was contrary to
Town Law. Councilman Withey responded that he acted as an individual in his memo to the
ZBA; he did not suggest the ZBA take action one way or another but stressed the importance of
following process.
Cortlandville Sand & Gravel Mine (Rocks 13) – Mining Permit:
Supervisor Williams informed the Board that Paul Heider, Chairman of the Cortland
County Legislature wrote a letter to the NYS Department of Conservation (NYS DEC) endorsing
the Town’s position opposing the modification to the mining permit of Cortlandville Sand &
Gravel (Rocks 13) that would allow for mining as deep as 100 feet below the water table into the
aquifer. Councilman Withey asked if the City of Cortland signed the same letter the Town
signed, written by the Cortland County Soil & Water Conservation District. Supervisor
Williams could not confirm as he did not yet have a copy of the fully endorsed letter.
Recognition Committee – Town Hall of Fame:
Supervisor Williams reported that he received a proposed process for the Town Hall of
Fame Recognition Committee to follow as provided by former Town Attorney and committee
member, John Folmer. The Committee would be meeting in the upcoming weeks and hoped to
provide the Town Board with the proposed process at their next meeting.
Recreation Committee:
Supervisor Williams indicated that he asked Mr. Folmer for his help with the creation of
the Recreation Committee and hoped to have more information for the Board’s approval in
February.
Executive Session:
Supervisor Williams requested the Board convene to an Executive Session at the end of
the meeting to discuss contracts.
Purchase Agreement – Lime Hollow Nature Center and Town of Cortlandville:
Supervisor Williams reported that he was in receipt of the signed Purchase Agreement
between Lime Hollow Nature Center and the Town of Cortlandville, for the Town to purchase a
portion of property off of Gracie Road. Attorney DelVecchio emailed a signed copy of the
agreement to the Board for their information. Supervisor Williams asked the Board to authorize
Attorney DelVecchio to proceed with a survey of the property. Supervisor Williams asked
Highway Sup’t. Drach to obtain quotes from three different surveying companies, which he
agreed to do.
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 4
Councilman Withey voiced concern with proceeding any further and mentioned page 2,
paragraph C of the agreement which indicates that the Town would be committed to constructing
a building and bathrooms etc. Supervisor Williams stated he was only asking to proceed with
the survey of the property at this time. The actual purchase of the property was subject to many
contingencies.
RESOLUTION #04 AUTHORIZE TOWN ATTORNEY TO PROCEED WITH
OBTAINING A SURVEY FOR PROPERTY OWNED BY LIME
HOLLOW NATURE CENTER, INC. LOCATED AT 3118
GRACIE ROAD
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, the Town Board is in receipt of a signed Purchase Agreement between the Lime
Hollow Nature Center, Inc. and the Town of Cortlandville to purchase a parcel of unimproved
property consisting of 2.5+/- acres of land located at 3118 Gracie Road in the Town of
Cortlandville, tax map #105.00-01-37.000, therefore
BE IT RESOLVED, the Town Board does hereby authorize the Town Attorney to proceed with
obtaining a survey for said property after the Town Highway Superintendent obtains three proposals
from survey companies.
RESOLUTION #05 AUTHORIZE APPROVAL REQUEST OF DENISE MCNEAL
FOR THE 2019 COMMUNITY DEVELOPMENT BLOCK
GRANT TOWN-WIDE HOUSING REHABILITATION
PROGRAM (CDBG #287HR323-19)
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Denise
McNeal for property located at 4327 McGraw North 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 plumbing, heating, siding, windows and doors,
ad exterior carpentry, for a total cost of $38,450.00.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file
correspondence from NYS Homes & Community Renewal, dated December 28, 2020, regarding
the 6-Month Completion Notice due June 28, 2021 for the Town’s 2019 CDBG Town-wide
Housing Rehabilitation Grant (CDBG #287HR323-19). All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Testa to approve the 2021
Contracts. Councilman Withey asked for the Board to postpone action on the matter until after
Executive Session. Councilman Testa withdrew his second, and Councilman Cobb withdrew his
motion.
RESOLUTION #06 ADOPT TOWN OF CORTLANDVILLE
PROCUREMENT POLICY - 2021
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the Town of Cortlandville Procurement
Policy dated January 6, 2021 for the year 2021.
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 5
RESOLUTION #07 ADOPT POLICY REGARDING THE USE OF TOWN-ISSUED
CREDIT CARDS
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 adopt the following Policy regarding the Use
of Town-Issued Credit Cards:
Policy Regarding Use of Town-Issued Credit Cards
The Town will issue Town credit cards to certain employees for use in their jobs; this policy sets out the
acceptable and unacceptable uses of such credit cards. Use of Town-issued credit cards is a privilege, which the
Town may withdraw in the event of serious or repeated abuse. Any credit card the Town issues to an employee
must be used for business purposes only, in conjunction with the employee's job duties. Employees with such
credit cards shall not use them for any non-business, non-essential purpose, i.e., for any personal purchase or
any other transaction that is not authorized or needed to carry out their duties. Employees must pay for personal
purchases (i.e., transactions for the benefit of anyone or anything other than the Town) with their own funds or
personal credit cards. The Town will not regard expenses for one's own business-related use, such as lodging
and meals while on Town-approved business trips, as personal purchases, as long as such expenses are
consistent with the Town's travel and expense reimbursement policy. If any employee uses a Town credit card
for personal purchases in violation of this policy, the cost of such purchase(s) will be considered an advance of
future wages payable to that employee, and will be recovered in full from the employee's next paycheck; any
balance remaining will be deducted in full from subsequent paychecks until the wage advance is fully repaid.
Such deductions may take the employee's pay below minimum wage for the pay period(s) in question. If an
employee uses a Town credit card for any other type of unauthorized transaction in violation of this policy, i.e.,
incurs financial liability on the Town's part that is not within the scope of the employee's duties or the
employee's authorization to make business-related purchases, the cost of such purchase(s) or transaction will be
the financial responsibility of that employee, and the employee will be expected to reimburse the Town via
deductions from pay until the unauthorized amount is fully repaid. Such deductions will be in the amount of the
unauthorized purchase(s), but if a deduction for such amount would take the employee below minimum wage
for the workweek in question, the deductions will be in two or more equal increments that will not take the
employee's pay below minimum wage for any workweek involved. In addition to financial responsibility and
liability for wage deductions, any purchases an employee makes with a Town credit card in violation of this
policy will result in disciplinary action, up to and possibly including termination of employment, depending
upon the severity and repeat nature of the offense.
Agreement for Wage Deductions Associated with Improper Use of Town-Issued Credit Cards
I, hereby certify that I understand and agree to abide by the Town's policy
regarding use of Town-issued credit cards, a copy of which I have received, and which has been explained to
me. I agree that if I make any personal purchases (i.e., transactions for the benefit of anyone or anything other
than the Town) in violation of that policy, the amount of such purchases is an advance of future wages payable
to me, that the Town may deduct that amount from my next paycheck, and that if there is a balance remaining
after such deduction, the Town may deduct the balance of the wage advance from my future paychecks until the
amount is repaid in full. I further agree that if I make any non-personal transactions in violation of the policy in
question, i.e., incur financial liability on the Town's part that is not within the scope of my duties or my
authorization to make business-related purchases, I am financially responsible for any such expenses and agree
to reimburse the Town via wage deductions for such amounts until the unauthorized amounts are fully repaid.
Such deductions will be in the amount of the unauthorized purchase(s), but if such amount would take my pay
below minimum wage for the workweek in question, the deductions will be in two or more equal increments
that will not take my pay below minimum wage for any workweek involved.
Signature of Employee Date
Department Head Date
RESOLUTION #08 DESIGNATE THE CORTLAND STANDARD AS
THE OFFICIAL NEWSPAPER FOR THE TOWN
OF CORTLANDVILLE FOR THE YEAR 2021
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Cortland Standard is hereby designated as the official newspaper for the
Town of Cortlandville for the year 2021.
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 6
RESOLUTION #09 DESIGNATION OF DEPOSITORIES FOR
TOWN ACCOUNTS FOR THE YEAR 2021
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, NBT Bank is hereby designated as the depository for the following Town
accounts:
General Fund A (Townwide) Trust & Agency Account
General Fund B (Town outside villages) Justice Account
Highway Account Water Fund Account
Town Clerk Account Sewer Fund Account
Tax Collector Account
AND BE IT FURTHER RESOLVED, the following banks may be considered if necessary: Key
Bank of Central NY; M&T Corp. Bank; Tompkins Trust Co.; and First National Bank of Dryden.
RESOLUTION #10 AUTHORIZE TOWN CLERK TO ACCEPT THE
SUPERVISOR’S ANNUAL FINANCIAL REPORT
90 DAYS AFTER THE CLOSE OF 2020
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 the Town Clerk to accept the
Supervisor’s Annual Financial Report to the State Comptroller 90 days after the close of the fiscal
year of 2020, and
BE IT FURTHER RESOLVED, that the Town Clerk shall cause a notice to be published within ten
(10) days after receipt thereof, stating that a copy of such report is on file in the Town Clerk’s office
and available for public inspection and copying, in accordance with Town Law, Section 29, Article
10-A, amended June 29, 1979.
RESOLUTION #11 DELEGATE TOWN BOARD MEMBERS TO AUDIT
2020 RECORDS OF TOWN OFFICIALS
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the records of Town Officials and Town Employees, for the year 2020, shall
be audited by Town Board members by January 20, 2021 as follows:
Highway, Water & Sewer Jay E. Cobb
Town Justices Jeffrey D. Guido
Town Clerk/Tax Collector Douglas C. Withey
Supervisor Theodore V. Testa
RESOLUTION #12 ACCEPT AGREEMENT OF EXPENDITURES OF
HIGHWAY MONIES FOR THE YEAR OF 2021
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 7
WHEREAS, the Agreement of Expenditures of Highway monies, in accordance with Section
284 of the Highway Law, was submitted by the Town Highway Sup’t. as required, therefore
BE IT RESOLVED, the Agreement of Expenditures of Highway monies for 2021 is hereby
accepted and shall be signed by members of the Town Board and Highway Superintendent.
RESOLUTION #13 ADOPT THE 2021 SALARY SCHEDULE
FOR THE TOWN OF CORTLANDVILLE
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 adopt the 2021 Salary Schedule for Town of
Cortlandville employees and elected/appointed officials.
RESOLUTION #14 SUSPEND LOSS OF ACCRUED PAID TIME OFF FOR ALL
TOWN EMPLOYEES WHO WOULD LOSE ACCRUED TIME
AT THEIR ANNIVERSARY DATE UNTIL MODIFIED BY THE
TOWN BOARD
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby suspend the loss of accrued paid time off for
all Town employees who would lose accrued time if it hasn’t been used by their anniversary date
as a result of the COVID-19 pandemic and employees’ inability to use paid time off, until
modified by the Town Board.
RESOLUTION #15 ADOPT TOWN HIGHWAY DEPARTMENT
SALARY SCHEDULE FOR 2021
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 adopt the Town Highway Department s alary
schedule for the year 2021 as follows:
HIGHWAY DEPARTMENT
2021 PAYROLL SCHEDULE
HIRING A B C D E
Heavy Equipment Mechanic 24.63 25.16 25.69 26.22 26.75 27.29
Heavy Equipment Operator/ 23.89 24.69 25.22 25.76 26.28 26.83
with Trailer CDL
Heavy Equipment Operator 23.35 24.16 24.69 25.22 25.76 26.40
without Trailer CDL
Automotive Mechanic 22.56 23.89 24.43 24.97 25.50 26.04
Motor Equipment Operator 20.97 23.27 23.91 24.45 24.87 25.20
Laborer 16.46 17.52 18.57 19.64 20.70 21.24
Buildings & 16.46 17.52 18.57 19.64 20.70 21.24
Grounds Laborer
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 8
Secretary/ 16.46 17.52 18.57 19.11 19.64 20.17
Keyboard Specialist
Part-time Summer Laborer 11.55 11.81 12.07 12.33 12.59 12.85
Recreation Director 15.29 15.54 15.82 16.98 18.05 19.11
Asst. Recreation Director 11.55 11.81 12.07 12.33 12.59 12.85
NIGHT SHIFT RATE: $1.00 per hour is added to the regular hourly base wage.
(The night shift is a regular scheduled shift from 8:00pm to 5:00am during winter
months.)
WAGES NOTE: An H.E.O. that does not have the required CDL license that is needed to move
the Town’s equipment using the largest equipment trailer the Town has will
receive $0.40 to $0.50 per hour less than the H.E.O. employees that do have the
license.
Hiring rate and step rates are given on anniversary dates and/or requirements meet if work improvement and
performance are shown.
RESOLUTION #16 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES
USED FOR TOWN BUSINESS FOR THE YEAR 2021
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for town
business, is hereby established at the Federal IR S mileage rate for the year 2021 (56 cents per
mile) and is subject to audit by the Town Board, effective January 1, 2021.
RESOLUTION #17 RE-APPOINT LAIRD R. UPDYKE TO THE
CORTLANDVILLE PLANNING BOARD
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby re-appoint Laird R. Updyke of 4360 Meadow
Lane, Cortland, New York, to the Cortlandville Planning Board for a five-year term effective
January 1, 2021 until December 31, 2025.
RESOLUTION #18 RE-APPOINT BERNICE POTTER-MASLER TO THE
CORTLANDVILLE ZONING BOARD OF APPEALS
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby re-appoint Bernice Potter-Masler of 560 Route
222, Cortland, New York, to the Cortlandville Zoning Board of Appeals for a five-year term
effective January 1, 2021 until December 31, 2025.
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Attorney John Sidd of Hancock Estabrook, dated December 16, 2020,
regarding the adjustment of the Payment in Lieu of Tax Agreement for Forkey Construction &
Fabricating, Inc. (3690 Luker Road), as a result of the company falling below the minimum required
number of employees. All voting aye, the motion was carried.
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 9
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Attorney John Sidd of Hancock Estabrook, dated December 16, 2020,
regarding the adjustment of the Payment in Lieu of Tax Agreement for Pyrotek Incorporated (641
NYS Route 13), as a result of the company falling below the minimum required number of
employees. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the
Cortland County Planning Department Review and Recommendations, dated December 11, 2020,
and the Cortland County Planning Board Resolution #20-26, dated December 16, 2020, regarding
the Aquifer Protection Permit application submitted by DG New York CS, LLC to construct a five
megawatt ground mounted large scale solar energy system on property located southeast of the
intersection of Riley Road and East River Road in the Town of Cortlandville, tax map #87.00-03-
08.112. All voting aye the motion was carried.
Councilman Testa made a motion, seconded by Councilman Withey, to receive and file
correspondence from LaBella Associates, dated December 17, 2020, regarding the Homer Solar
Energy Center 90 MWac photovoltaic solar facility and the project overview drawing. All voting
aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file
correspondence from Jams A. Muscato II of Young/Sommer LLC, dated December 18, 2020,
regarding the Homer Solar Energy Center 90 MWac photovoltaic solar facility. All voting aye, the
motion was carried.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file the
2020 Periodic Review Report for the South Hill Dump as prepared by CHA for the Town of
Cortlandville, dated December 2020. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Mark E. Helms, Cortland County Sheriff, dated December 22, 2020,
regarding the Governor’s Executive Order No. 203 requiring each local government in New York
State to adopt a policing reform plan by April 1, 2021. All voting aye, the motion was carried.
RESOLUTION #19 AUTHORIZE TOWN CLERK TO ACCEPT THE DECEMBER
28, 2020 PRESENTATION MADE BY NYSERDA ON SOLAR
ENERGY/BATTERY STORAGE AS 1.0 CREDIT HOUR
TOWARDS THE REQUIRED ANNUAL TRAINING FOR THE
MEMBERS OF THE CORTLANDVILLE PLANNING BOARD
AND ZONING BOARD OF APPEALS
Motion by Councilman Cobb
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 Town Clerk to accept
the December 28, 2020 presentation made by NYSERDA on solar energy/battery energy storage
as 1.0 credit hour towards the required annual training for the members of the Cortlandville
Planning Board and Zoning Board of Appeals.
RESOLUTION #20 APPROVE EXTRA WORK AUTHORIZATION SUBMITTED BY
CHA CONSULTING, INC. FOR THE CONCEPTUAL LAYOUT
FOR THE ENTRANCE ROAD FOR THE GUTCHESS LUMBER
SPORTS COMPLEX
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey
ADOPTED
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 10
BE IT RESOLVED, the Town Board does hereby approve the Extra Work Authorization submitted
by CHA Consulting Inc. (CHA), dated January 4, 2021, for the park entrance road location for the
Gutchess Lumber Sports Complex off of Gracie Road and proposed driveway for the proposed
highway building, for the total cost of $3,990.00.
RESOLUTION #21 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT
FOR CNH TRAILER PARK FOR 2021
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, Bret Peek of Albany, New York, owner, submitted a completed application and the
appropriate fee of $65.00 for the renewal of the Mobile Home Park Permit for CNH Trailer Park
located at 3610 Kingsley Avenue in the Town of Cortlandville, tax map #96.09-04-14.000, and
WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an exterior
inspection of the Mobile Home Park on October 21 and 29, 2020 and December 2, 2020 and
submitted her inspection reports to the Town Board for review, and
WHEREAS, CEO Campbell noted violations which have been satisfied per the final re-
inspection of the site conducted on December 14, 2020, therefore
BE IT RESOLVED, the Town Board does hereby approve the Mobile Home Park Permit
Renewal for CNH Trailer Park for the year 2021 in the name of Bret Peek of Albany, New York,
and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park
Permit which shall be valid from January 1, 2021 through December 31, 2021, at which point the
permit must be renewed.
Attorney DelVecchio reported:
Water Reserves Loan to Cortlandville Fire District:
Attorney DelVecchio recalled that at the Special Town Board Meeting held December 28,
2020 the Town Board adopted a resolution to authorize the emergency payment in the amount of
$300,000 to the Cortlandville Fire District (CVFD). The resolution, as prepared by Attorney
DelVecchio, provided for the CVFD to reimburse the Town at an interest rate that was not
determined at the time the resolution was adopted. Attorney DelVecchio spoke with the Town
Bookkeeper as well as with the Town’s auditors and suggested the interest rate of 0.02% be
designated, which is the interest earned on the reserve account. Attorney DelVecchio suggested the
Board amend the resolution previously adopted to provide for the interest rate of 0.02%.
RESOLUTION #22 AMEND RESOLUTION #347 ADOPTED DECEMBER 28, 2020
TO “AUTHORIZE EMERGENCY PAYMENT IN THE AMOUNT
OF $300,000 TO THE CORTLANDVILLE FIRE DISTRICT
FROM THE TOWN’S WATER IMPROVEMENT CAPITAL
RESERVE FUND” TO PROVIDE THAT THE FIRE DISTRICT
REIMBURSE THE TOWN AT AN INTEREST RATE
OF 0.02% ON OR BEFORE DECEMBER 31, 2021
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby amend Resolution #347 of 2020 adopted
December 28, 2020 to “Authorize Emergency Payment in the Amount of $300,000 to the
Cortlandville Fire District from the Town’s Water Improvement Capital Reserve Fund” to provide
that the Fire District reimburse the Town at an interest rate of 0.02% on or before December 31,
2021.
JANUARY 6, 2021 TOWN BOARD MEETING PAGE 11
Gutchess Lumber Sports Complex – BAN Renewal:
Attorney DelVecchio commented that the process for the renewal of the bond
anticipation note (BAN) for the Gutchess Lumber Sports Complex was underway and on track to
be accomplished later this month.
No further comments or discussion were heard.
Councilman Withey made a motion, seconded by Councilman Testa to recess the Regular
Meeting to an Executive Session to discuss contracts. All voting aye, the motion was carried.
The meeting was recessed at 6:00 p.m.
Councilman Testa 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 6:21 p.m.
Members of the public were invited to return to the meeting at this time.
RESOLUTION #23 APPROVE THE 2021 ANNUAL CONTRACTS
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby approve the annual contracts for 2021, and
shall receive and file them as follows:
Advantage Cleaning Service (6 months) $13,832.00
CHA Municipal Consulting Agreement $ *hourly rates
Cortland City Youth Bureau $38,350.00
Cortland Regional Sports Council $20,000.00
Lamont Memorial Library $ 5,000.00
SPCA – Cortlandville $38,984.00
SPCA – McGraw $ 5,000.00
SPCA – Cats Spay/Neuter $ 3,500.00
Village of Homer Recreation $10,000.00
Village of McGraw Recreation $12,000.00
Councilman Withey made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:22 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 January 12, 2021.
The final version of this meeting was approved as written at the Town Board meeting of January 20, 2021.