HomeMy WebLinkAbout2021-03-03 Town Board Minutes
MARCH 3, 2021 5:00 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;
Water & Sewer Sup’t. Peter Alteri, Jr.; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary,
Patty O’Mara; Dan Gapski; Christopher Stroud from Cipriani Energy; Town Residents: Peter
Morse-Ackley; Robert Martin; Pamela Jenkins; and News Reporter: Colin Spencer from the
Cortland Standard.
Supervisor Williams called the meeting to order and asked for a roll call of the Board members
in attendance.
Councilman Testa made a motion, seconded by Councilman Cobb, to approve the Draft
Town Board Minutes of February 3, 2021. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file the
Cortlandville Planning Board Minutes of January 26, 2021. All voting aye, the motion was carried.
RESOLUTION #68 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0172 TO THE COMPUTING CENTER FOR THE PURCHASE
OF ONE HP COMPUTER MONITOR FOR THE TOWN
CLERK’S OFFICE
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 sign
Purchase Order #0172 submitted by the Town Clerk to be paid to the Computing Center for the
purchase of one HP Computer Monitor (LED-backlit LCD monitor – 23.8”), for the Town Clerk’s
office (records management computer), for the total cost of $125.00.
RESOLUTION #69 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0173 TO STRICTLY TECH FOR THE PURCHASE OF A 32”
ELO PRO TOUCH SCREEN MONITOR FOR THE TOWN CODE
ENFORCEMENT OFFICE
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 sign
Purchase Order #0173 submitted by the Town Clerk to be paid to Strictly Tech for the purchase of
one 32” ELO Pro Touch Screen Monitor LED Display for Code Enforcement Officer Kevin
McMahon, for the total cost of $1,289.59.
MARCH 3, 2021 TOWN BOARD MEETING PAGE 2
RESOLUTION #70 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0174 TO DELL TECHNOLOGIES FOR THE PURCHASE OF A
PRECISION 3640 TOWER FOR THE TOWN CODE
ENFORCEMENT OFFICE
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 sign
Purchase Order #0174 submitted by the Town Clerk to be paid to Dell Technologies (State
Contract #C000000005000) for the purchase of a Precision 3640 Tower (Intel Core i7-10700;
16GB) for Code Enforcement Officer Kevin McMahon, for the total cost of $1,365.36.
RESOLUTION #71 AUTHORIZE PAYMENT OF VOUCHERS – MARCH
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 #178-247
HG, SF, SS, SW General Fund A $ 68,822.85
General Fund B $ 17,720.67
Highway Fund DA $ 0.00
Highway Fund DB $ 72,316.62
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 6,295.24
Water Fund SW $ 6,987.00
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 #4-6
Trust & Agency TA $ 45,551.19
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to Town resident, Peter Morse-Ackley.
Town Resident Peter Morse-Ackley: Alrighty. Thank you for giving me the privilege. I hope
you've been preparing for the solar moratorium. I'm glad to see that that's hopefully moving
forward. I was concerned I didn't see on the agenda work on implementing the C omprehensive
Plan, nor finalizing the solar amendments, nor on fixing the sign ordinance, and perhaps most
importantly, not listed on the agenda is a public update of the aquifer strategy and how we're doing
with that on the self-immunizing debacle from that last Board Meeting. Our law section §178-130
says, “one of the most important benefits received by residents of the Town of Cortlandville from
its government is the protection of property values and way of life safeguarded by the town's
zoning and planning laws.” Following our zoning and planning law process, not only help lead to
the withdrawal or the McLean Solar 1 project from, you know, from a neighborhood, it has served
this Town and many Towns for years. My main concern is why did you use a legal m aneuver,
recommended by Mr. DelVecchio, to violate our zoning and planning laws? How do you choose
to approve a sign that is against our zoning law? Think of it. The Town Attorney, saying it's okay
to break the zoning law, once he leads you through a vote to get around the law. Apparently, just
so the Town can make some money is a magic wand and self- immunizing approach had our Town
Attorney presenting an advertising companies case for a profitmaking variance to the Town Board,
and not the developer presenting in the usual manner to the Planning Board and then the ZBA.
This left me with all sorts of questions regarding rules, costs, placement of the sign,
appropriateness of the sign, as well as potentially sign ordinance concerns regarding the content
the sign will allow or not allow. This gives to a third-party control of a sign on Town land. It's not
the same as the one that's on the Town Board by, you know, the Fire Department. Hopefully you've
MARCH 3, 2021 TOWN BOARD MEETING PAGE 3
reflected on this. Can you please explain to us tonight, why this happened at the last meeting? My
second concern is, can this magic wand, this special legal maneuver, be used by the Town to put a
solar project on Town land? Without following Planning Borders or SEQR procedures, because it
sure seems you could do so by Mr. DelVecchio’s rationale. Or could the Town then use this
procedure to allow solar development on private land, if the Town was to lease the land for the
developer. This use of a self-immunizing vote was sad. And just what do you immunizing yourself
from? After two weeks I appreciate the feedback I received from Mr. Cobb and Mr. Withey. But,
where are the other four of you on this issue? Have you, all five Town Board members, talked with
the 10 other board members, Planning and ZBA a zoning officer Weber whose information you
clearly dismissed, to discuss the self-immunizing decision. And, to reaffirm and clarify whose
responsibility is whose. And how should our three board system work? I believe this 2-17 vote has
created an issue with the Town Boards use and misuse of its power. Also, are you going to try and
use this magic wand again? Is this how you plan to get money from other projects, or perhaps use
it again for the Sports Park? Have you yet arranged for a third-party review to confirm the legality
of this maneuver? And, will you please release the results of that third party review, when and if
it gets completed? Lastly, I believe that even if Mr. DelVecchio’s, you know, kind of guidance
and maneuver is technically legal, to me, it appears unethical to put the Town Board above the law
and the three board system, and therefore this approach should not be used. Thank you for
listening.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the
following monthly reports:
1) Town Supervisor – December 2020;
2) Code Enforcement Officer, Kevin McMahon – February 2021;
3) Town Clerk – February 2021;
4) Tax Collector – February 2021;
5) Water & Sewer Department – February 2021.
All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file
correspondence from Charter Communications, dated February 18, 2021 and March 1, 2021,
regarding programming services. All voting aye, the motion was carried.
Under new business, Town Clerk Rocco-Petrella reported that she received a phone call
from John Bishop on Bell Drive extending his thanks and appreciation to the Town Highway
Department for their hard work this winter with snow plowing in the Town and especially on his
street.
Town Clerk Rocco-Petrella also reported that 88% of the total tax warrant has been
collected to date.
Attorney DelVecchio reported:
Response to Privilege of the Floor:
Attorney DelVecchio briefly responded to Mr. Morse-Ackley’s comments and questions
posed under privilege of the floor.
Attorney DelVecchio: Thank you, Tom. I guess I'll just briefly respond to Mr. Morse-Ackley’s
comments. Again, we have so many misstatements. What I tend to do is write down some of his
comments and then address them. I stopped writing, there's so many. He indicated that, why would
the Town do something where the company has control. He seems to lose sight of the fact that a
Lease Agreement was signed, and that document will govern the situation. Also, he indicated that
Mr. DelVecchio’s rationale was used as a legal maneuvering technique or something of that nature.
Unfortunately, my rationale was not used; the Court's rationale was used in the paramount case
that was cited at the time we analyzed that issue. I'm not going to waste time addressing those
things, but it's unfortunate that, I guess, Mr. Morse-Ackley has a problem with how I represent the
Town's best interests.
MARCH 3, 2021 TOWN BOARD MEETING PAGE 4
Article 78 Proceeding – Source Renewables, LLC and Locust Solar II, LLC v. Town of
Cortlandville Zoning Board of Appeals and Town of Cortlandville:
Attorney DelVecchio informed the Board that an Article 78 Proceeding was filed by Source
Renewables, LLC and Locust Solar II, LLC against the Town of Cortlandville Zoning Board of
Appeals and Town of Cortlandville. The petitioners/plaintiffs filed an application for a variance
to the Town ZBA for solar on residential property. The ZBA denied the use variance and the
company was legally challenging the determination. Attorney DelVecchio asked the Board to
acknowledge receipt of the notice of petition.
RESOLUTION #72 ACKNOWLEDGE RECEIPT OF NOTICE OF VERIFIED
PETITION/SUMMONS AND VERIFIED PETITION/VERIFIED
COMPLAINT IN THE MATTER OF THE APPLICATION OF
SOURCE RENEWABLES, LLC AND LOCUST SOLAR II, LLC
V. TOWN OF CORTLANDVILLE ZONING BOARD OF
APPEALS AND TOWN OF CORTLANDVILLE
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 acknowledge receipt of the Notice of Verified
Petition/Summons and Verified Petition/Verified Complaint in the Matter of the Application of
Source Renewables, LLC and Locust Solar II, LLC for a judgment pursuant to Article 78 of the
New York Civil Practice Law and Rules against the Town of Cortlandville Zoning Board of
Appeals and Town of Cortlandville (Index No. EF21-092).
Proposed Local Law for a Moratorium on Solar:
Attorney DelVecchio explained that as directed he drafted and emailed the members of the
Board a proposed Local Law for a Moratorium on the Installations of Solar Facilities. The
proposed language called for a 6-month moratorium with the ability to either extend or end the
moratorium by resolution. He explained the process to the Board in detail and answered questions
posed by the Board.
Attorney DelVecchio stated there are three justifications for enacting a moratorium: 1) The
number of solar projects coming into the Town; the Town’s solar law is good but it has been
suggested that modifications be made; 2) the Town has been working on a new Comprehensive
Plan and is taking steps to implement the Plan; 3) a moratorium would give the Town the
opportunity to adopt Battery Energy Storage provisions.
Discussion occurred amongst the Board. Supervisor Williams asked if the proposed local
law would have to go to the County Planning Department for review. Attorney DelVecchio
explained that when enacting a moratorium, if existing regulations are in place the moratorium
should be viewed as an amendment to the regulation which must go to the County Planning Board
for review. A public hearing was also required before the Board could vote on the local law, which
would then have to be filed with the Department of State before being in effect.
Councilman Testa asked if Attorney DelVecchio as aware if any other towns are doing
something similar [enacting a moratorium]. He suggested that the process [to amend the current
law] could be lengthy and that a moratorium could be in place for a year or more. He suggested
the Board take their time so they would not be sorry in the future. He asked for clarification that
the moratorium could be extended if necessary, which Attorney DelVecchio reiterated that it could.
Councilman Withey agreed with the language of the proposed local law. He asked what
would happen during the moratorium with future projects/applications. Attorney DelVecchio
stated that while the moratorium is in place no new applications would be received by the Town.
RESOLUTION #73 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW
OF 2021 – MORATORIUM OF INSTALLATIONS OF SOLAR
FACILITIES
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
MARCH 3, 2021 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board does hereby acknowledge receipt of a proposed Local Law
of 2021 for a Moratorium of Installations of Solar Facilities in the Town of Cortlandville, as
prepared by the Town Attorney, and it is further
RESOLVED, the proposed Local Law shall be forwarded, if required, to the Town and County
Planning Boards for their review and recommendations.
RESOLUTION #74 SCHEDULE PUBLIC HEARING FOR APRIL 7, 2021 FOR A
PROPOSED LOCAL LAW OF 2021 – MORATORIUM OF
INSTALLATIONS OF SOLAR FACILITIES
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled for April 7, 2021 at 5:00 p.m. to be held
either via Zoom video conference or in person at the Town of Cortlandville Municipal Garage,
3587 Terrace Road, Cortland, New York (meeting location to be determined at a later date),
concerning a proposed Local Law of 2021 - Moratorium of Installations of Solar Facilities, and it
is further
RESOLVED, the Public Hearing shall be contingent upon receipt of the recommendations, if
needed, from the Cortland County Planning Department/Board.
Supervisor Williams made a brief statement to the Board and those in attendance,
reminding everyone to maintain decorum and follow the rules of order during the Town Board
meetings.
Town Board reports:
Councilman Withey asked for an update on several pending projects in the Town including
the following: 1) Status of a Recreation Committee; 2) LED Streetlight Project with Siemens Smart
Infrastructure and savings to the Town; 3) the proposed second Highway building near Gutchess
Lumber Sports Complex and a cost-benefit analysis; 4) a proposal or anything in writing from
PBR regarding the Gutchess Lumber Sports Complex; and 5) Bennie Road speed limit reduction.
Supervisor Williams responded to Councilman Withey’s questions. First, he explained
that the Recreation Commission was created by the Board [in 2020] but there are no bylaws or
guidelines in place. While some of the guidelines are in the law, he reported that he asked the John
McNerney, the Town’s Recreation Director, to help draft guidelines/bylaws for the Recreation
Commission. Supervisor Williams suggested a seven-member Commission and to consider
having representation from Cortland County and perhaps the City of Cortland in addition to the
citizens that would be appointed. He anticipated having more information by the next meeting.
With regard to the Town’s LED Streetlight Project with Siemens Smart Infrastructure,
Supervisor Williams explained that the Town could not move forward until the Public Service
Commission of the State of New York takes action.
Councilman Guido responded to Councilman Withey’s question regarding the cost-benefit
analysis for the construction of a new storage building/highway garage on property located
adjacent to the Gutchess Lumber Sports Complex, owned by Lime Hollow Nature Center, which
the Town entered into a purchase agreement for. Councilman Guido explained he had been
looking into the matter and spoke with the Town’s engineering firm, CHA as well as with Highway
Sup’t. Drach in respect to the needs of the Highway Department. Councilman Guido concluded
that it did not make financial sense to construct a building on the property currently owned by
Lime Hollow Nature Center, but to instead construct a storage building at the location that was
initially planned. Highway Sup’t. Drach did not plan to move highway trucks to a second location
and noted that the Town’s salt shed is located in Polkville. Councilman Guido added that rerouting
the roadway in the GLSC and running utilities to the proposed Gracie Road location also did not
make sense financially. Utilities were accessible and available at the GLSC already. Councilman
Withey thanked Councilman Guido and Highway Sup’t. Drach for reaching that decision.
In regard to Councilman Withey’s question regarding receipt of a firm proposal from PBR
in respect to the GLSC, Supervisor Williams responded “No”.
MARCH 3, 2021 TOWN BOARD MEETING PAGE 6
Highway Sup’t. Drach responded to Councilman Withey’s final question regarding an
update from the NYS DOT for a reduction in speed limit on Bennie Road. He stated that he spoke
with a representative from NYS DOT and explained the exact location requested for a reduction
in speed. He did not anticipate the NYS DOT reviewing the request until September 2021.
Supervisor Williams stated it was obvious that he was one of people pushing for the new
storage location based on many factors, including the previous request from the former Highway
Sup’t. for a storage presence on the property and concern for parkland alienation. He stated it was
his idea [to proceed with the purchase of property from Lime Hollow Nature Center (LHNC)],
“based on the fact that I felt we needed to protect ourselves from potential harm down the road.
When Larry decided that we did not need to store extensive equipment there, things changed. So,
that being said, we will move ahead with a smaller building up near where it was proposed before.”
Attorney DelVecchio explained that the Town signed a lease agreement Lime Hollow
Nature Center regarding that property, but there was a clear contingency in that lease that “allowed
you to decide whether or not to put a building on that property, and in the event that you decided
not to, that essentially would make the lease null and void”.
Supervisor Williams stated he has not had conversation with Glen Reisweber from LHNC,
however he suggested a motion be made to the effect that the proposed storage building be moved
back to the GLSC parcel. If the motion passed, he would inform Mr. Reisweber. Highway Sup’t.
Drach was also asked to stop the survey of the LHNC property as previously approved.
RESOLUTION #75 ABANDON PLANS TO CONSTRUCT A BUILDING ON
PROPERTY LOCATED AT 3118 GRACIE ROAD, OWNED BY
LIME HOLLOW NATURE CENTER, AND RETURN TO THE
ORIGINAL PLAN TO CONSTRUCT A STORAGE BUILDING
AT THE GUTCHESS LUMBER SPORTS COMPLEX AS
ORIGINALLY PROPOSED
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey
ADOPTED
WHEREAS, per Town Board Resolution #214 of 2020 the Town Board authorized the Supervisor
to execute the 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, a portion of tax map #105.00-01-37.000, for
the purpose of constructing a storage building, and
WHEREAS, after further review and a cost-benefit analysis it is the determination of the Town
Board that the construction of a storage building on property located at 3118 Gracie Road is not
financially beneficial to the Town of Cortlandville, therefore
BE IT RESOLVED, the Town Board does hereby abandon plans to construct a building on
property located at 3118 Gracie Road, resulting in the Purchase Agreement between the Lime
Hollow Nature Center Inc. and the Town of Cortlandville to be null and void, and it is further
RESOLVED, the Town Board shall return to the original plan to construct a storage building at
the Town’s Gutchess Lumber Sports Complex as originally proposed.
Supervisor Williams reported:
New Entranceway to the Raymond G. Thorpe Municipal Building:
Supervisor Williams apprised the Board he had a meeting scheduled with a couple
department heads and the Security Committee to discuss plans for renovating the entranceway to
the Town Hall for security reasons. If a decision was not made to present to the Board, Supervisor
Williams would bring the designs back to the Board for a decision to be made.
MARCH 3, 2021 TOWN BOARD MEETING PAGE 7
New Equipment for Town Highway Department:
Supervisor Williams apprised the Board that Highway Sup’t. Drach requested approval for
the purchase of a new mower attachment for the bobcat. He received three quotes for three
different models and selected the middle-priced item from CNY Farm Supply. Councilman
Withey stated he was in agreement with the purchase as long as it met the Town’s procurement
policy.
RESOLUTION #76 APPROVE EXPENDITURE OF $8,500 TO CNY FARM SUPPLY
FOR THE PURCHASE OF A MOWER ATTACHMENT FOR
THE TOWN HIGHWAY DEPARTMENT’S BOBCAT
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Guido, Testa, Withey NAY – 0
ABSTAIN – Cobb
ADOPTED
BE IT RESOLVED, the Town Board does hereby approve the expenditure of $8,500 to CNY Farm
Supply for the purchase of a mower to be attached to the Town’s Bobcat #31 for the Town
Highway Department.
Proposed Moratorium of Installations of Solar Facilities:
Supervisor Williams commented that if and when a moratorium is enacted for the
installation of solar facilities, he planned to appoint an ad-hoc committee comprised of the Town
Attorney, a member of the Town Board appointment by himself, a Planning Board member
appointed by the Planning Board Chair, a Zoning Board of Appeals (ZBA) member appointed by
the ZBA chair, and three members of the public. The committee would work on the proposed
changes to the law.
RESOLUTION #77 AUTHORIZE SUPERVISOR TO SIGN THE OWNER-
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
DENISE M. MCNEAL FOR THE TOWN-WIDE HOUSING
REHABILITATION GRANT PROGRAM CDBG #287HR323-19
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 the
Owner-Occupied Loan Agreement between the Town of Cortlandville and Denise M. McNeal, 4327
McGraw North Road, McGraw, New York, regarding the extension of loan funds by the Town’s
CDBG Program (#287HR323-19) for the total amount of $38,450.00.
RESOLUTION #78 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE
TOWN-WIDE HOUSING REHABILITATION GRANT
PROGRAM CDBG #287HR323-19
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 approval of payment for the following
regarding the Town-Wide Housing Rehabilitation Grant Program-CDBG #287HR323-19:
Reome Electrical & General Contracting – $13,300.00 (Partial Payment - Bragg)
Town of Cortlandville - $50.00 (Building Permit – Jordan)
Town of Cortlandville - $50.00 (Building Permit – McNeal)
MARCH 3, 2021 TOWN BOARD MEETING PAGE 8
Councilman Withey made a motion, seconded by Councilman Testa, to r eceive and file
correspondence from NYS Homes & Community Renewal, dated February 26, 2021, regarding
staff reassignment. All voting aye, the motion was carried.
RESOLUTION #79 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION
TO MAY 31, 2021
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a request
to the Cortland County Treasurer for an extension of time until May 31, 2021 for the collection of
taxes in the Town of Cortlandville, pursuant to Section 938 of the Real Property Tax Law.
RESOLUTION #80 AUTHORIZE TRANSFER OF FUNDS TO BALANCE
ACCOUNTS FOR THE 2020 BUDGET
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #48 of 2021 adopted February 3, 2021, the Town Board
authorized the Budget Officer to complete the year-end budget transfers to balance the 2020
accounts subject to receipt of the detailed information, therefore
BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to
adjust the accounts of the 2020 Budget for the Town of Cortlandville as follows:
1) GENERAL FUND A – TOWN WIDE: Transfer $55,055.01
FROM TO AMOUNT
A1010.2 A1010.4 $ 327.75
A1110.4 A1110.1 $ 0.28
A1990.4 A1220.1 $ 520.00
A1220.2 A1220.4 $ 462.65
A1355.4 A1355.1 $ 2,164.90
A1430.41 A1430.4 $ 99.95
A599 A1680.4 $ 7,384.49
A599 A6989.4 $ 1,500.00
A7110.1 A7110.4 $ 4,621.15
A599 A8090.4 $ 7,050.00
A599 A9010.8 $ 15,679.00
A599 A9060.8 $ 10,244.84
A599 A9710.6 $ 5,000.00
TOTAL: $ 55,055.01
2) GENERAL FUND B – PART TOWN: Transfer $1,294.00
FROM TO AMOUNT
B9040.8 B9010.8 $ 1,294.00
TOTAL: $ 1,294.00
3) DB – HIGHWAY FUND – PART TOWN: Transfer $66,781.69
FROM TO AMOUNT
DB5110.1 DB5130.1 $ 66,781.69
TOTAL: $ 66,781.69
4) SW – WATER FUND: Transfer $10,425.32
FROM TO AMOUNT
SW1990.4 SW8310.1 $ 4,696.03
SW1990.4 SW9010.8 $ 494.00
SW8320.2 SW8320.4 $ 5,235.29
TOTAL: $ 10,425.32
MARCH 3, 2021 TOWN BOARD MEETING PAGE 9
RESOLUTION #81 AUTHORIZE SUPERVISOR TO SIGN THE 2021 CONTRACT
WITH VALLEY VIEW GARDENS & LANDSCAPING, INC.
FOR LANDSCAPE MAINTENANCE AT THE RAYMOND G.
THORPE MUNICIPAL BUILDING
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 authorize and direct the Supervisor to sign the
contract with Valley View Gardens & Landscaping, Inc. for landscape maintenance at the
Raymond G. Thorpe Municipal Building for the year 2021, for a total amount not to exceed
$2,715.00.
RESOLUTION #82 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
RICOH USA, INC. FOR THE LEASE OF TWO
PRINTER/COPIER/SCANNER FAX MACHINES FOR THE
RAYMOND G. THORPE MUNICIPAL BUILDING (TOWN
COPY ROOM AND TOWN COURT)
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 authorize and direct the Supervisor to sign the
agreement between Ricoh USA, Inc. and the Town of Cortlandville for the lease of two
Printer/Copier/Scanner/Fax machines for the Raymond G. Thorpe Municipal Building (Town
Copy Room and Town Court Office) to replace two Printer/Copier/Scanner machines that have
expired warranties, and it is further
RESOLVED, the term of the agreement shall be for 60 months (5 years) for a monthly payment
of $320.79 with additional image charges per the agreement.
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
email correspondence from Pamela Jenkins, dated February 20, 2021, regarding Solar Law
amendments and a moratorium. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from Cecile and Jim Dore, received March 2, 2021, regarding solar projects in the
Town of Cortlandville. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file
email correspondence from Elie Schecter, Consultant, C2 Energy Capital, dated February 26,
2021, notifying the Town of C2 Energy Capital’s withdrawal of the McLean 1 Solar application
from consideration. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
correspondence from Christopher Stroud, Cipriani Energy Group, dated February 18, 2021,
providing notice pursuant to Real Property Tax Law Section 487 (8)(b) that Yellow 3, LLC (1585
Tower Road – solar project) has entered into an interconnection agreement and made its deposit
with the electric utility. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
correspondence from John Sidd, Esq., Hancock Estabrook, dated February 26, 2021, and the NYS
Department of Taxation & Finance Office of Real Property Tax Services Form RP-412a (Industrial
Development Agencies Application for Real Property Tax Exemption) regarding Yellow 3, LLC
(1585 Tower Road – Solar; tax map #106.00-06-05.200) and the Payment In Lieu of Tax
Agreement with the Cortland County Industrial Development Agency, dated February 1, 2021.
All voting aye, the motion was carried.
MARCH 3, 2021 TOWN BOARD MEETING PAGE 10
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
correspondence from John Sidd, Esq., Hancock Estabrook, dated February 26, 2021, and the NYS
Department of Taxation & Finance Office of Real Property Tax Services Form RP-412a (Industrial
Development Agencies Application for Real Property Tax Exemption) regarding DG New York
CS, LLC – Cortlandville I Project (East River Road – Solar; tax map #97.00-03-02.110) and the
Payment In Lieu of Tax Agreement with the Cortland County Industrial Development Agency,
dated February 1, 2021. All voting aye, the motion was carried.
RESOLUTION #83 AWARD BID FOR TRASH REMOVAL AT THE RAYMOND G.
THORPE MUNICIPAL BUILDING, TOWN HIGHWAY
GARAGE AND GUTCHESS LUMBER SPORTS COMPLEX TO
CASELLA WASTE MANAGEMENT
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, the Town Highway Department requested bids for trash removal at the Raymond G.
Thorpe Municipal Building, Town Highway Department, and the Gutchess Lumber Sports
Complex, and
WHEREAS, quotes were requested to be received by March 1, 2021 and were received as follows:
Casella Waste Management Total/Month: $563.00
Syracuse Haulers Waste Removal, Inc. Total/Month: $563.53
Bert Adams Disposal Total/Month: $594.00
Leach’s Trash Total/Month: $695.10
THEREFORE, BE IT RESOLVED, the bid for trash removal at the Raymond G. Thorpe
Municipal Building, Town Highway Department, and the Gutchess Lumber Sports Complex is
hereby awarded to Casella Waste Management for a two-year contract, in the amount of $563.00
per month.
RESOLUTION #84 AUTHORIZE PURCHASE OF TWO FLASHING SOLAR
PANEL SIGNS FROM JC SMITH, INC. TO BE INSTALLED ON
MCLEAN ROAD
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 purchase of two (2) flashing solar
panel signs and hardware from JC Smith Inc. (State Contract) to be installed on McLean Road, a
County road, subject to County Highway Department approval, for the total cost of $4,239.28.
RESOLUTION #85 AWARD BID TO UPBEAT SITE FURNISHING FOR THE
PURCHASE OF 25 PLASTIC 45-GALLON TRASH
RECEPTACLES FOR TESTA PARK AND THE GUTCHESS
LUMBER SPORTS COMPLEX
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 award the bid to Upbeat Site Furnishing for the
purchase of 25 plastic 45-gallon trash receptacles for Testa Park and the Gutchess Lumber Sports
Complex, for the total cost of $5,810.14.
MARCH 3, 2021 TOWN BOARD MEETING PAGE 11
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Cobb, to recess the Regular
Meeting to an Executive Session to discuss a personnel matter and potential litigation. All voting
aye, the motion was carried.
The meeting was recessed at 6:06 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 6:39 p.m.
No action was taken.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Withey, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:40 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 March 12, 2021.
The final version of this meeting was approved as written at the Town Board meeting of March 17,2021.