HomeMy WebLinkAbout2021-02-17 Town Board Minutes
FEBRUARY 17, 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;
Planning/Zoning Officer, Bruce Weber; Deputy Town Clerk, Abigail Albro; Supervisor’s
Secretary, Patty O’Mara; Attorney Thomas Fucillo; Dan Gapski; A. Henry; Carol Simon; Paul
Simonet; Matthew Van Wagenen; Town Residents: Peter Morse-Ackley; Robert Martin; Pamela
Jenkins; Andrea Rankin; 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 Cobb made a motion, seconded by Councilman Guido, to approve the Draft
Town Board Minutes of January 13, 2021 and the Draft Special Town Board Minutes of January
27, 2021. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the
Cortlandville Zoning Board of Appeals Minutes of January 25, 2021, and the Cortlandville
Planning Board Minutes of December 29, 2020. All voting aye, the motion was carried.
RESOLUTION #54 AUTHORIZE PAYMENT OF VOUCHERS – FEBRUARY
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #111-177
HG, SF, SS, SW General Fund A $ 117,517.53
General Fund B $ 1,100.37
Highway Fund DA $ 0.00
Highway Fund DB $ 27,048.89
Gutchess Lumber SC Project HG $ 6,249.24
C’Ville Fire District SF $ 813,244.00
Sewer Fund SS $ 21,044.93
Water Fund SW $ 113,536.26
Funds CD1, CD3, CD4 Voucher #16-17
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 15,138.00
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #(None)
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
Councilman Withey made a motion, seconded by Councilman Testa to recess the Regular
Meeting to an Executive Session to discuss potential litigation, a contract, and a personnel matter.
All voting aye, the motion was carried.
The meeting was recessed at 5:08 p.m.
Councilman Withey made a motion, seconded by Councilman Cobb, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 5:47 p.m.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 2
Members of the public were invited to return to the meeting at this time.
Supervisor Williams: Okay good. We are back in session at… what are we at…? 5:48 p.m. Sorry
if it took longer than we thought. We had a few things to talk over. So now, let's move on Privilege
of the Floor. We have two people, one on your printed agenda, Peter Morse-Ackley and Pam
Jenkins. Peter the floor is yours and as you will recall, I think you will recall, you have five minutes
starting now.
Town Resident Peter Morse-Ackley: Okay, thank you. You guys hear me okay?
Supervisor Williams: Yes.
Councilman Withey: Fine.
Town Resident Peter Morse-Ackley: Alrighty. I've been following the Town government for
about the last six months. And, it's been pretty disappointing to me. Now, maybe my expectations
have been too high, as I've not previously been watching the Town government so I didn't know
what to expect. I've been dismayed. My first experience was starting with objecting to the sign
ordinance and the questionable ordinance by the Town. And then Mr. DelVecchio’s sad
commentary on not being a legal expert when he’s the Town's legal expert. And then last month,
when no one on the Board knew the legal terminology for large-scale solar systems. This, after
two years of solar projects being pushed on our Town and people just didn't know what was going
on? And again, for Mr. DelVecchio to not know the law nor was he able to access it quickly. Why
doesn’t he just have it sitting there? You flip it open, you look it up, and boom you have answers
for people to proceed with. You know, I've watched the Comprehensive Plan and the Solar
Amendments be pushed from month to month to month and now it appears it is not on the agenda
again tonight. Meanwhile, the solar proposals keep coming in. You know, they're starting to flood
our committees. They're dealing with hundreds of pages from each of these developers, which I
think are just trying to distract us from the larger issues that these projects don't belong in
neighborhoods, they don't belong in our gateways, they should be turned down and turned down
much more quickly. We’re making a lot of work for ourselves. You know, I've tried to write emails
to you. I'm going to continue to write to you folks. You know, I'm asking you to take a look at a
moratorium. That way the Town will have more time to accept the Comprehensive Plan, have time
to strategize, how to implement this plan, and get things going. You know, I've seen more concern
and energy over the Cortlandville Hall of Fame and the stupid sign for the Sports Park than I've
seen solar projects and the Comprehensive Plan. This is just wrong. Where are your priorities?
You know, maybe you do a lot of work behind closed doors, but the lack of progress and the
disorganization I see in these Zoom meetings is sad. Some of you do not seem to have any notes
or any preparation. Others are rifling through their desk and are obviously distracted. Some of you
were prepared and seem to be doing a good job. But, why isn't everybody focused for an hour to
an hour and a half meeting? Maybe this is a bad six-month period to be watching. I'm concerned
about how the Town Board is functioning and I'm wondering if anything is going to get better.
Where's the leadership? And, more importantly, where are the results? I can continue to send
emails and fight against solar projects being put in some neighborhoods and scenic gateways. And,
please implement, or at least discuss, a moratorium. Riley Road, Cortlandville II and III, McLean
Road are all horrible sites. Please, stand against these projects and protect our Town. Thank you
for listening and reading my emails. I'm done.
Councilman Withey: Thank you.
Supervisor Williams: Peter, that was three minutes and twenty-eight seconds. Next is Ms. Pam
Jenkins. Again, it’s a five-minute time.
Town Resident Pamela Jenkins: Okay. I want to say first, thank you to Kristin, Nick, and Patty
for agreeing to attach my Comprehensive Plan comments to the agenda for this meeting. I had sent
them to Mr. Williams on February 2nd, but I did not send them to Patty at the time. So that was
my mistake so... but thank you Kristin, Patty, and Nick. On to item number I-8. I want to speak in
support of Doug Withey’s Resolution, which recognizes Joe Biden and Kamala Harris as the duly
elected President and Vice President of the United States. It follows that Cortlandville does not
and should not condone the repugnant spray-painted sheet displays like the one on the west side
of 281 near the golf course. Last time I looked it was under the snow, but it could just as easily
have been... become dislodged by the wind and carried to the windshield of a passing car, school
bus, or truck. This obviously poses a hazard. So, I have a few questions. My first one is, do you
have a plan as to how you will address the large, spray-painted sheet displays of divisive
misinformation? Does a person need a permit for such a despicable display? And, is there a limit
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 3
to the size and number of spray-painted sheets or even spray-painted plywood displays that
Cortlandville will allow or give permits to? I really think it needs to be addressed. Thank you.
That's it for me.
Supervisor Williams: Thank you….
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the
following monthly reports:
a) Code Enforcement Officer, Kevin McMahon – January 2021;
b) Town Justice LeFevre and Town Justice Mathey – January 2021;
c) Cortland Community SPCA – January 2021;
d) Town Clerk – January 2021;
e) Tax Collector – January 2021;
f) Water & Sewer Department – January 2021;
g) Fire & Safety Inspector/CEO, Desiree Campbell – January 2021;
All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the
Municipal Shelter Inspection Report correspondence from NYS Agriculture & Markets, dated
February 1, 2021, regarding the “Unsatisfactory” rating for the dog shelter services at the Cortland
Community SPCA due to missing a contract with the City of Cortland. 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 February 12, 2021, regarding programming
services. All voting aye, the motion was carried.
Town Clerk Rocco-Petrella had no new business to report.
Attorney DelVecchio reported:
Attorney DelVecchio: Yes, thank you. I'm just going to speak to Mr. Ackley… Mr. Morse-Ackley
directly for a second. I’m just going to correct some of your statements real quick sir. Number one,
I said I was not a Constitutional expert. I am not a Constitutional expert. Number two, some of
your... Well, a lot of your comments are legally a disaster. Number three, I don't take any offense
to your comments. I want you to know that, personally. Since I've been Town Attorney, I'll… I’ll
let... I'll let it speak for itself that the Town, I think, has only been sued one time and that lawsuit
was dropped in a heartbeat. I do take offense to your comments about our Town Officials not
working diligently and hard. Feel free to come into Town Hall and see how hard Pete Alteri works,
how hard Larry Drach works, how hard Bruce Weber works. This Town is run very, very well. I'd
like to take up the issue of the billboard sign at this time, on Gutchess Park. As you all know, we
addressed this issue and the Board… this Board decided to ask the Zoning Board of Appeals
whether or not it wanted to take up the factor analysis to determine whether or not the Town wanted
to immunize itself or waive the zoning requirement... any... any zoning requirements that are
applicable regarding the sign on that property. The ZBA decided not to take up that… that legal
analysis and so I’m going to put it back in your lap, at your request. And the issue here, as you all
know, is this billboard. Technically speaking, according to our Code Enforcement… or our
Planning Officer, requires a Use Variance because it is an “animated sign” and I use quotes around
that... that phrase “animated sign.” Our Town Code does not allow animated signs on any
properties in the Town. It doesn't matter which zoning classification that property has. Our Town
does not allow animated signs. Also, this sign, according to Mr. Weber, would require at least one
Area Variance for sizing and other things. What I'd ask that you consider doing here tonight is
what I asked of you before. There is a Court of Appeals case, that is the highest Court in New York
State. The citation is the Matter of County of Monroe v City of Rochester, 72 N.Y.2d 338, 533
N.Y.S.2d 702. That's the legal citation for that case. It is the law in New York State. And, what
the... what the Court held in that case is that a municipality has the legal ability to take up a nine
factor analysis, in the event that there is an issue with how a property is being used and if the
proposed use goes against what the Town Code allows or doesn't allow. And, in this case, again
technically speaking, the Town Code does not allow animated signs on any property in the Town.
And, Mr. Weber has coined this sign to be an animated sign. And, Bruce could you just speak to
that issue as to why you make that conclusion.
Planning/Zoning Officer Bruce Weber: Well, my understanding of the sign is, is that is going
to be having a changing message that will change every 20 seconds, 30 seconds. And so it is not a
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 4
static sign which requires, I believe it was, a six-hour time frame. So, it's an animated sign from
everything that I have seen.
Attorney DelVecchio: And, any Area Variances that might be appropriate?
Planning/Zoning Officer Bruce Weber: Well, from what I understand, and I don't... I have not
received a written proposal, so this is based on conversations. But, my understanding is the sign
would be of a billboard type which would be more than eight feet high and more than a hundred
square feet in area.
Attorney DelVecchio: And, just so everyone is aware, the sign in question is almost exactly the
same as the sign that is near the college. Is everybody familiar with that sign?
Councilman Withey: I am.
Supervisor Williams: We’re talking about the one on Tompkins Street, correct?
Councilman Withey: Yes, right by the railroad tracks.
Attorney DelVecchio: Yes.
Supervisor Williams: Because there is one on 281, by the college as well. I just wanted to be
clear.
Attorney DelVecchio: That’s correct.
Supervisor Williams: On Route 13/ Tompkins Street.
Attorney DelVecchio: Correct.
Supervisor Williams: Almost at the City line.
Attorney DelVecchio: Okay, so with that said, what I'd ask for is you to consider going through
the nine factor analysis that is clearly set forth in that Court Case and potentially determine whether
or not to immunize the Town's regulations regarding this proposed sign. Again, before you take
up that analysis, I want it clear on the record here that the Town, in its history to my knowledge,
has never gotten any sort of approval for anything on any Town-owned property in the history of
Cortlandville. Definitely on the parks, that I can tell you. And Bruce, I'm sure, will second that.
Planning/Zoning Officer Bruce Weber: That's correct.
Attorney DelVecchio: So, what we are doing... what we're doing here is going through an extra
layer of what the Town has always done. And, I have a sensitivity to that park. I want to see it
prosper and I want to make sure that everything that the Town does in the future, especially with
that park, we have a lot of money invested there, we do everything above board. And, going
through this analysis is not circumventing the law. This Court is the highest Court in the land... in
New York State not in the land. And, it is the law in New York State. So, if you decide to go
through this factor analysis you're following the law, you're not circumventing the law.
Supervisor Williams: John, before we start, two things I want to interject. One, you had
mentioned that the Town had never, in maybe not in history, but in recollection, ever put before
either the Planning Board or the Zoning Board anything they did. I did a little research, and I have
found, in regard to Gutchess Park, which is what we're talking about here, where the sign would
be located. For the last three years I guess or maybe a little bit more but for at least the last three
years, through the whole, all the... all the myriad resolutions that were put before the Town for the
awarding the contract, for the park itself, couple million dollars, over two million dollars, for the
building of the Pavilion, for the building of the restroom, for this and for that, there is a hole myriad
of... of resolution that were passed. I asked our Clerk to pull those for me, which she did, and I
could not find one of those. I could not find one of those, and I went through about two years of
records where there was nothing... there was... there was nothing but an affirmative… a unanimous
affirmation of going ahead with the building of the park and adding this and adding that and change
orders and there was no... not one mention of Zoning or Planning be involved. Bruce, I think, has
affirmed that. And, it should also be noted that, at least two of the members of this present Board
were present for those votes and voted in the affirmative, as best I can determine. That, and the
other thing is that the Monroe v City of Rochester decision indicated that the Board will review
these things. It doesn't say what Board. I determined that it should be this Board and that this is
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 5
the highest Board in our land, which is the Town of Cortlandville. And, I also... there was no
indication as to how... what kind of voting process was to be applied to the nine votes, and it was
also determined, by me, as the... as the Supervisor of the Town, that it would be a simple majority.
So, of the nine features of the test, let’s call it a test. If five are recognized, then the matter carries.
Is that clear to everybody? I know I went on and on and on.
Attorney DelVecchio: And that is... that is that is correct. The Court... the Court made it clear that
there is no official scorecard or mathematical way to analyze those factors. There is... it is not
what's called a Dispositive Factor Analysis it's simply a Factor Analysis that you go through and
at the end you determine, basically, whether or not you believe that those factors have been met
enough. So I guess what I'm asking for from someone is first that we make a motion, and this may
not happen, I don't know, to go through those... go through that factor analysis.
Councilman Withey: I'd like to make a motion to bring this to the table, not for the Factor
Analysis cause I think it would be appropriate to speak to the issue and I have several comments
regarding the issue and hopefully there's some others that have comments as well, pro or con. So..
Supervisor Williams: You cannot put a matter on the table. You can discuss a matter if it is a
motion that has been seconded. Then, that is the appropriate lane for discussion.
Councilman Withey: And that’s what I’m saying, let’s bring it to the table and…
Supervisor Williams: You have to make a motion to accept…
Councilman Withey: I will…
Supervisor Williams: Alright.
Councilman Withey: I’m just laying out my preference. Alright, so…
Supervisor Williams: Doesn't matter. You make a motion to proceed.
Councilman Withey: Yupp, to bring it on to the table for further discussion, not to do the analysis,
the nine point analysis. So…
Supervisor Williams: Nope, you can’t do it. You can move to do the analysis or not. You cannot
put something on the table just to discuss it. You have to make a motion either an affirmative
motion or negative motion, but you have to make a motion to put a matter before the Board and
that has to be seconded before discussion.
Councilman Withey: Right, what I’m saying is the matter I want to bring to the Board to put on
the table is simply the sign not the so-called circumvention of the nine questions. Is that
appropriate? Is that clear?
Supervisor Williams: You want to vote on whether or not we're going to put up the sign?
Councilman Withey: I want to vote on... I want to have discussion on the sign. So I want to bring
the Route 13 sign onto the table for further discussion.
Attorney DelVecchio: Well we’ve already decided to put up the sign.
Councilman Withey: No.
Attorney DelVecchio: Yes we have.
Councilman Withey: I don’t agree with you there.
Attorney DelVecchio: The Lease Agreement has already been executed.
Councilman Withey: I understand that. And that was going to be, as I understood, conditional
upon it going through the ZBA.
Attorney DelVecchio: Well...
Councilman Withey: There was never an application sent to the ZBA by the Town or by the
applicant for using Town property. So they had nothing… no foundation there to even build from.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 6
As I stated before, this is something that, to me, looks like circumventing our local Town laws and
regulations. So John, when you say we haven't done this before that surprised me, a couple months
ago. Why? Okay. Number one, we have established rules and regulations. If it was me, and across
the road from there or any place around there, I would have to have a Use and Area Variance to
the process. I don't see our Town being above our rules and regulations. So the fact that it wasn't
brought up before does not make this right. Now, we're looking at making changes, and so on
there, with our Zoning for protecting our aquifer, but we're ignoring what we have already, as far
as I’m concerned, proving established law that it works. I think we are not doing our jobs by
circumventing, I know you don't like that word, but circumventing our process. And that to me is
wrong. And, I know that came up three months ago or whatever John and I still hold firm on that.
We are not doing our fiduciary duties by running it through this way.
Attorney DelVecchio: Doug, I know how you feel about this. Does anybody else want to make a
motion?
Councilman Guido: Motion in regards to which part?
Attorney DelVecchio: A motion to go through the Factor Analysis set forth in the Court case that
I cited with respect to the sign.
Councilman Guido: I will make the motion...
Councilman Testa: I’ll second it.
Councilman Guido: ...Factor Analysis.
Supervisor Williams: Thank you Ted. All those in favor? Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, no.
Councilman Cobb: Jay, aye.
Councilman Guido: Jeff, aye.
Supervisor Williams: Please let the record show that it was recorded as an affirmative vote 4-1.
RESOLUTION #55 AUTHORIZATION TO PROCEED WITH THE FACTOR
ANALYSIS AS SET FORTH BY THE MATTER OF COUNTY OF
MONROE V CITY OF ROCHESTER, 72 N.Y.2d 338, 533 N.Y.S.2d
702 WITH REGARD TO THE INSTALLATION OF A
BILLBOARD ON TOWN PROPERTY KNOWN AS THE
GUTCHESS LUMBER SPORTS COMPLEX LOCATED AT
3111 BYRNE HOLLOW CROSSING
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize proceeding with the Factor Analysis
as set forth by the Matter of County of Monroe V City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d
702, regarding the installation of a billboard on Town property known as the Gutchess Lumber
Sports Complex located at 3111 Byrne Hollow Crossing in the Town of Cortlandville.
Attorney DelVecchio: Okay, I'm going to go through the factors in the case. And, I think the best
thing to do is to... for me to read the factor, kind of discuss it in general, and then open up the
discussion amongst the Board members. The first factor is, to consider the nature and scope of the
instrumentality seeking immunity. So here we have the Town seeking to put a billboard on the
Gutchess Park to advertise local businesses, to basically advertise the scheduling of games, to
provide the public with weather warnings, Amber Alerts, stuff like that. And, basically your job
here is just to consider the nature and scope of doing that.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 7
Supervisor Williams: And an affirmative vote, John, will mean what?
Attorney DelVecchio: An affirmative vote will just essentially mean that you can... sort of
considering the nature and the scope of what you're attempting to do here. Mainly, the proposed
use that's being proposed. So, again, there's really not a lot to discuss on this one I'd say. But, you
know, this you have to keep in mind, and I'm not speaking for the Board here, but what you're
doing here is you're considering a billboard, a very small billboard, in relative nature to a hundred-
acre Recreational Park. You're not considering putting a steel mill in a residential neighborhood
here. So, I think that comments here about, sort of, the relative nature of what the proposed use is
here and the overall picture. Is it significant or is it not significant?
Supervisor Williams: Alright. For argument… not for argument's sake but for I guess ease of our
operation here. There is a parent motion, seconded, and voted on. I think it would be... it would
not interfere with anybody's civil rights, or political rights, or any other rights, if we assume that
that motion, just for a working hypothesis, that that motion indicates that all of the nine are
answered in the affirmative. That would then allow for discussion of each of them as we go along.
And, a vote on each of them as we go along, without having to go through a rather cumbersome
process of getting a motion and a second and all that for each of the nine.
Attorney DelVecchio: I think that that's just fine.
Supervisor Williams: Alright, so why don't you, John, why don’t you state the question.
Attorney DelVecchio: Yep.
Supervisor Williams: And, we will have discussion and call for a vote.
Attorney DelVecchio: Okay so this is... this... the first one's kind of not a yes or no, but it's just
it's the nature and scope of the instrumentality seeking immunity. The way I read that is, are we
talk... again, are we talking about some use that is completely not in line with the overall zoning
of the property in general. Does anybody here feel like a billboard on that Park is completely out
of character, as far as the Zoning for that property?
Councilman Withey: Doug, I feel that it is out of character. We have to recognize that it is because
it’s the first one to go there. There’s no denying that. Okay?
Councilman Testa: I disagree with you. 100%.
Councilman Withey: So, is…
Councilman Testa: This whole billboard that we’re talking about.
Councilman Withey: Right. But we’re talking about…
Councilman Testa: … mountain out of this…
Councilman Withey: ...consistency. And this is the first one. It’s inconsistent to our current
zoning laws.
Supervisor Williams: Alright, anybody else? Hearing no one else, I’ll call to question, those in
favor of allowing the billboard under this one test only. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Guido: Jeff, aye.
Councilman Cobb: Jay, aye.
Supervisor Williams: I have four affirmative votes and one negative vote.
Attorney DelVecchio: Okay, the second factor. I’m going to try to move this along. The second
factor is, the encroaching government’s legislative grant of authority. The Town is... this is on
Town property. This is not a situation where, say the Town is attempting to use a property in the
City that is not in line with the City Zoning. So, this is the Town's property, and the Town has the
legislative grant of authority. So, in your consideration of the overall picture it just depends on
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 8
how you feel about the Town Board itself having the legislative grant of authority, whether or not
that's important to you in the overall picture here with the billboard.
Supervisor Williams: I would suggest that there probably is no conflict here if you'll go back to
the original Court case. I think the citation was County of Monroe vs City of Rochester.
Attorney DelVecchio: That’s correct.
Supervisor Williams: They’re two separate municipalities struggling over something. This is not
the case.
Councilman Withey: Question for John. So when it goes to the Appellate Court, to me, it’s an
appeal. So it's an action against an action that has been taken. Correct?
Attorney DelVecchio: Well, what happened in that case.
Councilman Withey: I’m not talking about that case.
Attorney DelVecchio: Oh.
Councilman Withey: Any case. What I’m saying is, it goes to the Court of Appeals, someone is
appealing the resolution or the movement of a Board or whatever to move ahead with a project.
And, someone didn't like it, so went to the Court of Appeals. To me, that sounds like it's something
that went after the process that is in place for ZBA, Board approvals, Planning Board approvals,
and so on. And, we're not seeing that process. Okay? So I just want to make that clear. That's part
of why I'm opposed to this. I'm all for process. Someone, long before us, someone's have
established the process. And, it’s clearly defined by the Zoning Board of Appeals, Planning Board,
Town Board rules, and so on. And, this is where I'm saying we're circumventing that. It should do
the process. So, we are not encroaching on the City of Cortland or something of an instance like
that. So, I don't have an issue with this per se, other than the process is not being followed.
Supervisor Williams: Any other comments.
Councilman Withey: I'm not necessarily opposed to the sign. I thought I made that clear three
months ago. I’m opposed to us not following process.
Councilman Guido: This is… Doug... from my view though this is the same process that's been
followed for the entire Park so far.
Councilman Withey: But there wasn't any process done there either.
Councilman Guido: I don't see any difference… but you voted in favor, I believe, of all the things
that have happened already at Gutchess Park.
Councilman Withey: No, the Park was started before I was on the Board.
Councilman Guido: Did you… oh, okay... but I don't see this as being any different. Were any of
the buildings, you know, put up prior to this…
Councilman Withey: I wouldn’t say I was in favor of it… once this has been established, and
you got a hundred and some acres out there. And, you got ball fields in there, and plans are all laid
out, electrics coming in, and all that kind of stuff there. One would assume that that had been
approached and I didn't know about it until three maybe four months ago when John said, “we
haven't done this in the past.” Well, why haven't we? We should. The Town is not above our own
laws. We should not be.
Councilman Guido: But, I don't see this as being any different than what's already been
established there.
Councilman Withey: Well, that's the thing. We can call it established because it wasn't brought
up. I’m the first one to bring it up. Due process wasn’t done, plain and simply. So, to go along with
this makes me complicit to what was done in the past that I didn't have any control over. Okay?
So the whole Park and all that I didn’t have anything to do with that. Change orders I’ve had
control over.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 9
Supervisor Williams: Doug had… you voted… I went through the resolutions. You voted for a
2.8-million-dollar contract with the prime contractor. You voted for it. You… several of the
motions you made to spend this money and that money.
Councilman Withey: The contracts were already out. That was before me. when they call him
and say here's our little bit or whatever yeah, I'll take action then, assuming that the process had
been followed. Okay? So, this process…
Supervisor Williams: Whatever… I guess history is history and whatever happened back in the
day in 2018 is now historical footnote and we'll move on. Let's get back to this test number two.
Does anybody see... does anybody have more comment, or should we just call the question does
anybody see where there are two Municipalities struggling over something?
Councilman Withey: No.
Councilman Cobb: No.
Councilman Guido: No.
Supervisor Williams: So, the answer to this is... John is this just a negative vote or a positive
vote?
Attorney DelVecchio: This is a… well, it's really neither one it's, you know, if it’s not there, then,
you know, I think the factor is favorable, as far as the immunization, waiving the rule.
Supervisor Williams: Okay, so this is a vote if we waive the rule we move forward. And, if there's
no Municipal conflict I'm going to vote yes. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, aye. On that, number two.
Councilman Cobb: Jay, aye.
Councilman Guido: Jeff, aye.
Attorney DelVecchio: Number three, the kind of function or land use involved. This is pretty self-
explanatory. Again, if you see any eye-opening issues with the billboard as it pertains to the
property use itself. Again, I'm not speaking for the Board, but we're not putting a windmill in the
middle of a residential neighborhood here.
Councilman Testa: Do you need a motion?
Attorney DelVecchio: I need a vote on that issue or any comments before that vote.
Councilman Withey: I have nothing further to add. Doug.
Supervisor Williams: Alright, if there are no further comments, I call to question. Those in favor
of proceeding... it’s all positive votes from here, John?
Attorney DelVecchio: Yes, it’s whether or not the factor is favorable when it comes to waiving
the zoning regulation.
Supervisor Williams: Okay. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, aye.
Councilman Cobb: Jay, aye.
Councilman Guido: Jeff, aye.
Attorney DelVecchio: Number four, the effect local land use regulation would have upon the
enterprise concerned. Does anybody feel that the billboard would hurt the Park?
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 10
Councilman Withey: Park being the enterprise of concern?
Attorney DelVecchio: Yup.
Councilman Withey: Not the Town, the Park?
Attorney DelVecchio: That’s right.
Councilman Withey: Hearing no comments, I’ll call the question. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, aye.
Councilman Cobb: Jay, aye.
Councilman Guido: Jeff, aye.
Attorney DelVecchio: Number five, alternative locations for the facility in less restrictive zoning
areas. This one… applying this to the current situation, technically speaking there are no places in
the Town that allows for a sign like this, technical ly. So there are no alternative locations, so that
is favorable for waiving the rule.
Councilman Withey: And I disagree with that only because it shouldn't be there anyways.
According to our rules and regulations. Okay? So that would come out... would have come out of
that process, but no. The answer is no. It doesn't have a great impact there because it shouldn't be
there, period. It's not allowed any place else but there due to the Town's blessing.
Supervisor Williams: Any other comments? Hearing that I'll call the question. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, aye.
Councilman Cobb: Jay, aye.
Councilman Guido: Jeff, aye.
Attorney DelVecchio: Number six, the impact upon legitimate local interests. Does anybody feel
that there wouldn't be any legitimate local interests if that billboard goes there? You think there
will be any negative impacts on that, you know, on the effect of that billboard and what it's going
to be used for?
Councilman Withey: I would see... I would think there would be some negative impacts from our
constituents. Our Town Board, me included, are not following due process. Other than that, as far
as other people coming in to build a windmill or anything of that nature or smaller no, I don't think
it’s going to have an impact there at all.
Supervisor Williams: Hearing no other comment, I called the question. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Guido: Jeff, aye.
Councilman Cobb: Jay, aye.
Councilman Withey: Doug, no.
Supervisor Williams: Alright, move forward.
Attorney DelVecchio: The next one is, alternative methods of providing the proposed
improvements. I can't really think of any other way to provide, and again, I'm not speaking for the
Board here, but just trying to make you understand what the Court is trying to get at. Are there any
alternative methods of providing the proposed improvement? I can't really think of a way to
advertise the Park, or advertise local businesses, or do what the company is seeking to do other
than with this billboard.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 11
Councilman Withey: I concur. There isn't a better alternative, or another better, or lesser return
for what they’re trying to do there so…
Supervisor Williams: Any other comments? Hearing none, I call the question. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, aye.
Councilman Cobb: Jay, aye.
Councilman Guido: Jeff, aye.
Attorney DelVecchio: Number eight, the extent…
Supervisor Williams: Excuse me, John.
Attorney DelVecchio: Sorry, sorry.
Supervisor Williams: Just so everybody knows, we have reached the majority threshold. We now
have five affirmative votes. We have two more to go through. I suggest that we continue and go
through those so we have a complete record. But, know that the majority threshold has been
reached. Go ahead.
Attorney DelVecchio: Thanks Tom. Number eight is, the extent of the public interest to be served
by the improvements. That speaks for itself. Do you think that the public is going... the public
interest is going to be served with all the messaging that's going to take place with that billboard
on the Park?
Councilman Withey: It will. It’s beneficial. I'm not opposed to the sign, just the process.
Supervisor Williams: Hearing no other comments. I called the question. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, aye.
Councilman Cobb: Jay, aye.
Councilman Guido: Jeff, aye.
Councilman Testa: Ted, aye.
Attorney DelVecchio: Number nine, inter-governmental participation in the project development
process and an opportunity to be heard. I think this one mainly has to do with situations involving
two municipalities. Where, in essence, people in one municipality would not be heard in another
municipality as to whether or not, you know, they're deciding for and against what's being
proposed. I am not sure that that's the legislative intent of the Court, but I'm going to leave it up to
you to decide what you want to do with that one.
Councilman Withey: Doug, from my perspective there's no adverse impact there.
Supervisor Williams: Yea, this is directly related, I think, to test number two. When it was talking
about Monroe v the City of Rochester. That conflict doesn't exist. So this, I think, becomes a very
moot point.
Councilman Withey: I agree.
Supervisor Williams: Hearing no other comments. I called the question. Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, aye.
Councilman Cobb: Jay, aye.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 12
Councilman Guido: Jeff, aye.
Attorney DelVecchio: Now, going through that factor analysis I'd like to have somebody consider
a motion to approve that sign or billboard on the Park and do so with the full understanding that
there... that any Use or Area Variances that may be necessary are therefore not required in this
situation.
Councilman Guido: I'll make that motion.
Councilman Cobb: I’ll second it.
Supervisor Williams: Thank you Jeff. Thank you Jay. I don’t think there’s need for any
conversation. All those in favor? Tom, aye.
Councilman Testa: Ted, aye.
Councilman Withey: Doug, no.
Councilman Cobb: Jay, aye
Councilman Guido: Jeff, aye.
Supervisor Williams: Let the record show that it was approved 4-1. Thank you.
Attorney DelVecchio: Thank you all very much for your time and your efforts on that.
Councilman Withey: Thank you for indulging me.
Attorney DelVecchio: You're welcome. That's it for me, Tom. Thank you.
RESOLUTION #56 APPROVE INSTALLATION OF A BILLBOARD ON TOWN
PROPERTY KNOWN AS THE GUTCHESS LUMBER SPORTS
COMPLEX LOCATED AT 3111 BYRNE HOLLOW CROSSING
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey
ADOPTED
WHEREAS, per Town Board Resolution #267 of 2020, adopted October 21, 2020, the Town
Board authorized and directed 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, 0.13 miles south of Byrne Hollow Crossing on the
west side of Route 13 facing north and south, 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
WHEREAS, the resolution was adopted Subject to Permissive Referendum as required by law and
subject to any and all necessary approvals by the Town, and
WHEREAS, the Town Board completed a nine factor analysis to determine whether it is in the
public interest to approve the installation of a billboard on Town property without the approval of
a Use Variance or Area Variance in respect to governmental immunity from zoning analysis
(Matter of County of Monroe v City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702), and
WHEREAS, seven of the nine questions in the factor analysis were answered unanimously in the
affirmative (questions 2, 3, 4, 5, 7, 8, and 9), therefore
BE IT RESOLVED, the Town Board does hereby approve the installation of a billboard on Town
property known as the Gutchess Lumber Sports Complex with the understanding that any Use or
Area Variances that may be necessary in accordance with the Town of Cortlandville Zoning Law
are not required.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 13
Town Board reports:
Councilman Cobb reported that he completed his audit of the Town Highway Department
and Water & Sewer Department records for the year 2020 and found everything to be in order.
Councilman Cobb submitted a letter to the Supervisor, dated February 5, 2021, which was on file
with the Town Clerk.
Councilman Withey asked the members of the Board to respond to public
comments/concerns made during privilege of the floor as well as to email communications sent by
the public. After discussion amongst the Board, it was agreed that when a Board member receives
an email/correspondence from the public that the recipient would ask the author for permission to
forward the email to the rest of the Board for comment.
RESOLUTION #57 RESOLUTION TO RESPOND TO PUBLIC COMMENT AND
COMMUNICATIONS
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 resolve to respond to public comment made
during privilege of the floor and/or correspondence/communications received via email or in
writing separately from a Town Board meeting, and be it further
RESOLVED, when a member of the Board receives a communication from the public, he/she will
first request authorization from the author to forward it to the rest of the Board for comment.
Councilman Guido suggested the Board entertain a moratorium on solar projects in the
Town. Discussion occurred as follows:
Councilman Guido: Yes. I think we're going to have to take a look at the solar projects that are
going on. Especially with the Comprehensive Plan coming out that I think it might be a good idea
to put a moratorium on these until we can merge the solar law with the Comprehensive Plan.
Councilman Withey: I agree with Jeff on that. It is going so fast and furious Mr. Morse-Ackley
did a nice presentation and his concerns are legit. And, yeah it's going way faster than what the
Boards can keep up with. And, some of that, when you get into the engineering language and stuff
there, it is foreign language. You don't really know what they mean by it. So, I know we talked
about it about three months ago about a possible moratorium. Maybe we should be entertaining
that item again.
Supervisor Williams: That's fine. Just a couple notes, footnotes. Two years ago or thereabouts,
there was a moratorium in place, in the Town of Cortlandville, to allow for the construction and
processing of the existing solar law, which I think went into effect in either late 2018 or early 2019.
There was a lot of effort that went into that. It was done. As I said, there was a certain amount of
freedom provided with a moratorium. So there was a lot of input, the law was written, and this
isn’t something that goes back to the 1940s. This goes back to two years… two and a half years
ago. And, it was the brand new law, according to our Attorney. It has been very well received by,
actually by other Towns in the State that I reached out to, as Towns do, to pirate it or language in
it and I think we should keep that in mind, that we just had a moratorium. So the question is, why
don't we have a moratorium now? The answer to that is, we just had one two years ago. Then, I
think it's an equally legitimate question, why did you have it two years ago and you want another
one now? And, I don't know the answer to that.
Councilman Guido: Well, I think…
Supervisor Williams: What’s changed? Has solar changed? No. Has the zoning process changed?
No. Has the review process changed? No. So, what would be... what would be the benefit of, I'm
just playing sort of devil’s advocate here, what would be the process of having a moratorium?
What would be the positive piece of the moratorium?
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 14
Councilman Guido: I think it would be to mesh it with the Comprehensive Plan, as far as
protecting neighborhoods and... You know, I do realize that we did just have the moratorium here
a couple years ago and I'm not trying to denigrate the work that the folks who came up with the
new law and all that... I just feel that, I mean, they're popping up everywhere here. And, you know,
I think maybe we need to hit the brakes. So, that... those are my thoughts.
Councilman Withey: Over the past two and a half years our boards and our constituents in our
Town... they are, they are seeing these pop up all over the place. And, we… at least from my
perspective and people I’ve talked to... never imagined seeing the growth in this technology and
so on. And, again, I want to make it very clear. I’m not opposed to, you know, solar, just kind of
the stuff you do to reduce our carbon footprint, but I am opposed to people’s rights, long-time
taxpayers and stuff that are in some cases, being overlooked. And, as was stated earlier in the
meeting today, there are some places where these aren’t appealing, they just don’t fit well. And
so, we learned that, we're hearing it. And, I think we need to address that again and so the
moratorium gives us that ability to assess where we came from, where we're at today, and where
is it headed, and we don't have that right now. When you venture into something that is unknown
there are going to be some unknowns in front of you. And, you’re going to have to make some
lateral moves, changes, whatever. I think we're at that point. We need to do that.
Supervisor Williams: Alright. We have a motion, an unseconded motion, made by Jeff. Jeff
would you propose, in your motion, to have the Attorney look at, at least, the language of a draft
moratorium to bring back to the Board at a subsequent meeting?
Councilman Guido: Sure.
Supervisor Williams: Would someone wish to second that?
Councilman Withey: Doug. Second.
Supervisor Williams: Thank you.
Attorney DelVecchio: And, before you vote. I’m sorry Tom. Before you vote, this discussion is
fine, I think that, again, I’m not speaking for the Board here. I think Tom made some good points,
I think Jeff made some good points, I think Doug made some good points. But, if you consider a
moratorium, what you should think about, in between the weeds, if you will, is there are a number
of projects that are still pending and that have not totally gone through. And, if you're going to
impose a moratorium, fine. But you need to also decide whether or not that moratorium is going
to apply to the pending projects. Just kind of food for thought on that. And, all in all, my view on
this is, to me, it's not surprising to see all these solar projects. The amount of money that our
government in Albany and our Governor has put out there, our money, it's not surprising at all to
me, it never was. New York State has… well at least some of our government New York State has
plans for the State to go… I think it was 80% green by 2029. And, it's totally not surprising to me
that these projects are popping up. They’re popping up everywhere, not just Cortlandville.
Councilman Withey: I don't think the projects themselves or the program of going solar is what
we're questioning. It’s locations and so on. And, as Jeff said, tying together the Comprehensive
Plan. We got one out there on McLean Road. It does not fit today's Comprehensive Plan, it won't
fit the new one that we’re looking at, and there it sets. And, you know, hanging out there. And that
was when I spoke against the two years ago. This should not move forward. It doesn't fit with our
Comprehensive Plan, yet the Board pushed it ahead.
Attorney DelVecchio: Woah, woah, woah. The Board never pushed anything ahead, on that
project. I don't want that going into the public record.
Councilman Withey: We moved it ahead for an Aquifer Permit.
Attorney DelVecchio: No, no. The McLean 1 project is currently before our Planning Board. And,
the issue of SEQR has still not been decided. A positive declaration finding has occurred. And, the
applicant has chosen to attempt to overturn that positive declaration finding with the preparation
of an Environmental Impact Statement. If…
Councilman Withey: So, I might…
Attorney DelVecchio: Hang on a second. So, ultimately the Planning Board has to be convinced
that their positive declaration finding was inappropriate or has been dealt with. And, if that doesn't
happen the project will die. If the Planning Board essentially overturns itself, it's own positive
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 15
declaration, then that matter has to go before the Zoning Board of Appeals for a Use Variance,
which, typically is an uphill battle in and of itself. But to say that this Board or any other Board
has pushed that project forward is a misstatement.
Councilman Withey: Okay. So, I recalled voting against it when we're in Blodgett Mills. Now,
maybe it was just to move it on to the Planning Board?
Attorney DelVecchio: What came before you, several times, was the applicant's attempt to change
the zoning, do a zone change, which was ultimately denied by this Board.
Councilman Withey: Okay.
Attorney DelVecchio: There was also an attempt at an Overlay District, which was looked at and
also denied. So, that's why the last resort, by that particular applicant, is the seeking of a Use
Variance. But, before even they get there. The ZBA coined the Planning Board to be the Lead
Agency on SEQR, and it's still in that stage.
Councilman Withey: I appreciate your clarification.
Attorney DelVecchio: You’re welcome.
Councilman Withey: Cause there’s some of this, you know, I’ve been on Board for three solid
years, you lose sight of where things have been. So, I appreciate the clarification. But these are
cues that the public is concerned. I do get emails, I do get phone calls on this, and so on there. So,
we need to… I agree with Jeff. We need to entertain you looking into the moratorium and a list of
those projects that this would affect. That have come before whatever agencies to be looked at.
But, yeah… I think it's time to put the brakes on. I'm not saying stop, but certainly slow it down
so that it can digest this stuff. So are we still looking for a second? Or, did we get a first and a
second?
Supervisor Williams: I’ll handle that Doug.
Councilman Withey: I’m sorry, I’m just…
Supervisor Williams: We have a motion from Jeff. And, we need a second for that motion to
consider to move this to the Attorney to do two things: one, to look at a moratorium and two, as
part of that whether or not that moratorium embraces projects that are already on track. Someone
wish to second Jeff’s motion?
Councilman Withey: Doug, second.
Supervisor Williams: Thank you. Any other conversation? Hearing none, I call the question,
those in favor? Tom, no.
Councilman Withey: Doug, aye.
Councilman Testa: Ted, aye.
Councilman Guido: Jeff, aye.
Councilman Cobb: Jay, aye.
Supervisor Williams: … Do we have something recorded for everybody? Who did you not hear?
Did you not hear anybody?
Town Clerk Rocco-Petrella: I have you as a nay. Doug, aye. Jeff, aye. And Jay, aye. Did I get
anything from Ted?
Councilman Withey: Yea.
Town Clerk Rocco-Petrella: Did Ted say aye?
Councilman Cobb: I think he did, but…
Councilman Withey: He did.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 16
Councilman Testa: Yes, I said aye.
Town Clerk Rocco-Petrella: Okay. So that’s… everybody voted then.
Supervisor Williams: Okay, good. I didn’t hear Teddy. Anything else from the Board members?
Councilman Withey: I’m done.
Supervisor Williams: Thank you. Jeff, you were the latest to speak, are you set?
Councilman Guido: Yes, for now. Yup.
RESOLUTION #58 AUTHORIZE TOWN ATTORNEY TO DRAFT A LOCAL LAW
FOR A MORATORIUM OF INSTALLATIONS OF SOLAR
FACILITIES
Motion by Councilman Guido
Seconded by Councilman Withey
VOTES: AYE –Cobb, Guido, Testa, Withey NAY – Williams
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to draft
a local law for a Moratorium of Installations of Solar Facilities in the Town of Cortlandville and
to clarify whether the moratorium will affect pending solar applications.
Supervisor Williams reported:
Proposed Local Law - Amendments to Solar Energy Law:
Supervisor Williams commented that the proposed Local Law to amend the Town Solar
Energy Law was referred to the Town and County Planning Board for review and
recommendations (Town Board Meeting, January 20, 2021). Once the recommendations are
received the Town Board will review them, make any changes, conduct a public hearing, and will
then proceed with a vote. Supervisor Williams explained that the Board was waiting for the
County’s review to be complete before the Board could proceed.
Proposed New Entrance to Town Hall:
Supervisor Williams explained that for the last several months the Town has been pursuing
the design of the new entrance plan for Town Hall with some heightened security measures built
in. The Town’s engineering firm, CHA provided a new plan to Supervisor Williams which he
provided to the Board for review. At this time, the proposal was before the Town Justices for their
comment. The State Office of Court Administration would also weigh in as would the County
Sheriff. Supervisor Williams explained that he would bring the plan back to the Board for
discussion at a later date.
Creation of New “Clerk” Position:
Supervisor Williams explained that in Executive Session the Board talked about the
creation of a new “Clerk” position to fill the role of a reception clerk at the Raymond G. Thorpe
Municipal Building. He explained the need for the new position and the current procedure for
entering the Town Hall, which included pressing an intercom button to speak with staff, be
admitted entrance to the building, have your temperature taken, produce identification, and answer
questions relating to COVID. The Town hired a part-time clerk in 2020 to fill the position,
however the position was vacant at the end of January 2021. Supervisor Williams asked for a
motion to create the full-time position and authorize him to fill the position.
RESOLUTION #59 CREATE ONE NEW FULL-TIME POSITION FOR THE TOWN
OF CORTLANDVILLE TITLED “CLERK”
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 17
BE IT RESOLVED, the Town Board does hereby create one new full-time position for the Town
of Cortlandville, titled “Clerk” in accordance with Civil Service Law, and it is further
RESOLVED, the Town Board further authorizes and directs the Supervisor to proceed with filling
said position for the purpose of employing a full-time reception clerk at the Raymond G. Thorpe
Municipal Building.
Draft Comprehensive Plan:
Supervisor Williams reported that work was being done on the Draft Comprehensive Plan
and planned for discussion to be had at upcoming Board meetings.
RESOLUTION #60 AUTHORIZE SUPERVISOR TO SIGN THE NEW APPLICANT
APPROVAL REQUEST OF CHRISTOPHER CUMMINS FOR
THE 2019 TOWN-WIDE HOUSING REHABILITATION
PROGRAM CDBG #287HR323-19
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 new applicant approval request of
Christopher Cummins for property located at 3801 Luker Road in the Town of Cortlandville, for
a 100% deferred loan for the 2019 Community Development Block Grant Town-Wide Housing
Rehabilitation Program (#287HR323-19), and it is further
RESOLVED, the work to be completed will include roofing, plumbing, windows and doors,
flooring and other (detectors), for a total of $32,879.00
RESOLUTION #61 AUTHORIZE SUPERVISOR TO SIGN THE NEW APPLICANT
APPROVAL REQUEST OF MICHAEL HOMZA FOR THE 2019
TOWN-WIDE HOUSING REHABILITATION PROGRAM
CDBG #287HR323-19
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 new applicant approval request of
Michael Homza for property located at 2086 Weaver Road in the Town of Cortlandville, for a
100% deferred loan for the 2019 Community Development Block Grant Town-Wide Housing
Rehabilitation Program (#287HR323-19), and it is further
RESOLVED, the work to be completed will include roofing, windows and doors, painting, and
other (bee removal), for a total of $36,370.00.
RESOLUTION #62 AUTHORIZE SUPERVISOR TO SIGN THE OWNER-
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
JOHN H. JORDAN FOR THE TOWN-WIDE HOUSING
REHABILITATION GRANT 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 and direct the Supervisor to sign the
Owner-Occupied Loan Agreement between the Town of Cortlandville and John H. Jordan, 3462 US
Route 11, McGraw, New York, regarding the extension of loan funds by the Town’s CDBG Program
(#287HR323-19) for the total amount of $30,350.00.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 18
RESOLUTION #63 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN’S 2019 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN-WIDE
REHABILITATION PROGRAM BETWEEN THE TOWN AND
JOHN H. JORDAN
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 Supervisor to sign the Affidavit
regarding the Town’s 2019 Community Development Town-Wide Housing Rehabilitation Program,
between the Town of Cortlandville and John H. Jordan, 3462 US Route 11, McGraw, New York
regarding the extension of loan funds by the Town’s CDBG Program #287HR323-19 for the total
amount of $30,350.00.
RESOLUTION #64 AUTHORIZE SUPERVISOR TO SIGN THE FEDERAL
ASSISTANCE EXPENDITURE FORM FOR THE YEAR 2020
FOR THE TOWN’S 2019 TOWN-WIDE HOUSING
REHABILITATION PROJECT (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
Federal Assistance Expenditure Form for the year 2020 for the Town’s 2019 Town-wide Housing
Rehabilitation Project (CDBG #281HR323-19).
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
correspondence from CHA, dated January 28, 2021, as well as the Town of Cortlandville –
Miscellaneous Water and Sewer Improvements Record Drawing and Test Results (printed and
electronic sets). All voting aye, the motion was carried.
RESOLUTION #65 AUTHORIZE PAYMENT TO CORTLAND COUNTY SOIL &
WATER CONSERVATION DISTRICT FOR WORK
COMPLETED IN 2020 FOR THE TOWN OF CORTLANDVILLE
STORMWATER INSPECTION PROGRAM 2019
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 payment be made to the
Cortland County Soil and Water Conservation District in the amount of $6,000.00 for work
completed in 2020 for the Town of Cortlandville Stormwater Inspection Program 2019.
Councilman Withey made a motion to adopt a resolution “to recognize and support the
democratic process of the United States of America” and to “recognize Joseph R. Biden as
President of the United States of America and Kamala D. Harris as Vice President of the United
States of America.” The motion failed for lack of a second.
Discussion occurred amongst the Board regarding Councilman Withey’s proposal.
Councilman Withey asked why the Board would not stand behind the proposal. Councilman
Guido asked why it was brought up and stated there was no question amongst the Board regarding
the presidency and vice presidency. He suggested that the Board did not need to make a political
statement. Supervisor Williams commented that he was not sure what the proposed resolution
would accomplish and asked what would happen if a request was brought forward to recognize
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 19
others in the future. He voiced concern regarding the third clause of the proposed resolution which
read: “Whereas, the duly elected representatives for the Town of Cortlandville of New York State,
have pledged to support the Constitution of the United States of America and the Constitution of
New York State and,”. Supervisor Williams stated that he took his oath of office seriously and
was offended by having to reaffirm it here.
Councilman Withey stated that he did not intend to offend anybody and suggested his intent
was misunderstood.
Councilman Guido made a motion, seconded by Councilman Withey, to receive and file
the following comments regarding the Town of Cortlandville’s Draft Comprehensive Plan:
a. Peter Morse-Ackley, dated January 13, 2021; January 15, 2021 and February 7, 2021;
b. Planning Board Member, Nick Renzi, dated January 13, 2021;
c. Robert Martin, dated January 15, 2021 and January 22, 2021;
d. Planning Board Member, Ann Hotchkin, dated January 22, 2021;
e. Councilman, Douglas Withey, dated January 22, 2021;
f. Pamela Jenkins, dated February 1, 2021 and February 17, 2021.
All voting aye, the motion was carried.
RESOLUTION #66 AUTHORIZE SUPERVISOR TO SIGN THE PRELIMINARY
BUDGET FOR THE NYS CDBG ECONOMIC DEVELOPMENT
APPLICATION SUBMITTED BY THE TOWN OF
CORTLANDVILLE FOR SEVEN VALLEY SPECIALTY
CABLES, LLC
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 Supervisor to sign the
Preliminary Budget (Use & Source of Funds) for the NYS Community Development Block Grant
(CDBG) application #104562 submitted by the Town of Cortlandville for Seven Valley Specialty
Cables, LLC.
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file the
Conceptual Layout Plans (Option 1 and Option 2) for the Gracie Road entrance at the Gutchess
Lumber Sports Complex as prepared by CHA, dated February 9, 2021. All voting aye, the motion
was carried.
Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the
following correspondence from the Town of Cortlandville to the NYS Department of
Environmental Conservation regarding the Cortlandville Sand & Gravel Mine (Route 13 Rocks)
NYS DEC Permit #7-1122-0043/00008:
a. Correspondence signed by the Town of Cortlandville, Cortland County Legislature,
Cortland County Health Department, and Cortland County Soil and Water
Conservation District, dated January 29, 2021, to Ms. Elizabeth Tracy, Regional Permit
Administrator, Region 7, NYSDEC, in opposition to granting the modified permit to
allow deep mining into the aquifer; and
b. Correspondence from the Town of Cortlandville, dated February 9, 2021, to Ms.
Cynthia Hill, NYS DEC Region 7 Sub-Office, requesting that the 30-day public notice
period on the Cortlandville Sand and Gravel permit modification be extended an
additional 60 days.
All voting aye, the motion was carried.
FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 20
RESOLUTION #67 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY LIME HOLLOW NATURE CENTER FOR
PROPERTY LOCATED AT 3277 GRACIE ROAD TO THE
TOWN AND COUNTY PLANNING BOARDS FOR REVIEW
AND RECOMMENDATIONS
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Lime Hollow Nature
Center for property located at 3277 Gracie Road, tax map #105.05-01-12.110, is hereby received
and filed and shall be forwarded to the Town and County Planning Boards for review and
recommendations.
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 7:15 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 7, 2021.
The final version of this meeting was approved as written at the Town Board meeting of March 17, 2021.