HomeMy WebLinkAbout2020-11-04 Town Board Minutes
NOVEMBER 4, 2020 5:00 P.M.
PUBLIC HEARING NO. 1
2021 PRELIMINARY BUDGET
A Public Hearing was held by the Town Board of the Town of Cortlandville Municipal
Garage, 3587 Terrace Road, Cortland, New York, concerning the 2021 Preliminary Budget.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Highway Sup’t., Larry Drach;
Deputy Town Clerk, Abigail Albro; Reception Clerk, Nick Alteri; Budget Consultant, Richard
Tupper; Attorney Francis Casullo representing Cortland Travel Holding, Inc.; Rich Cunningham
representing Thoma Development Consultants; Cortlandville Fire District Commissioner, Kevin
Whitney; Jim Halstrom and Matt Lester representing WellNOW Urgent Care; Town Residents:
John Conway; Stephen Flatt; and News Reporter, Colin Spencer from the Cortland Standard.
Supervisor Williams called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal
notice.
Supervisor Williams offered privilege of the floor to those in attendance. No requests
were made.
No further comments or discussions were heard.
The Public Hearing was closed at 5:02 p.m.
NOVEMBER 4, 2020 5:02 P.M.
PUBLIC HEARING NO. 2
AQUIFER PROTECTION PERMIT
CORTLAND TRAVEL HOLDING INC., APPLICANT/OWNER
3742 US ROUTE 11
TAX MAP #97.02-01-24.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning an application for an
Aquifer Protection Permit submitted by Cortland Travel Holding Inc. to install a 9,400 gallon
below ground storage tank for a non-petroleum based material at an existing fuel station, for
property located on the east side of US Route 11, immediately south of Interstate 81, exit #10,
tax map #97.02-01-24.000.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Highway Sup’t., Larry Drach;
Deputy Town Clerk, Abigail Albro; Reception Clerk, Nick Alteri; Budget Consultant, Richard
Tupper; Attorney Francis Casullo representing Cortland Travel Holding, Inc.; Rich Cunningham
representing Thoma Development Consultants; Cortlandville Fire District Commissioner, Kevin
Whitney; Jim Halstrom and Matt Lester representing WellNOW Urgent Care; Town Residents:
John Conway; Stephen Flatt; and News Reporter, Colin Spencer from the Cortland Standard.
Supervisor Williams called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal
notice.
Supervisor Williams mentioned that on behalf of the applicant, Attorney Francis Casullo
was in attendance to answer any questions the public may have.
Supervisor Williams offered privilege of the floor to those in attendance. No requests
were made.
Councilman Withey asked if he should pose his questions at this time. Attorney
DelVecchio instructed the Board to hold off on their comments or questions until the Regular
Board Meeting, at which point Attorney Casullo could respond to any questions.
No further comments or discussions were heard.
The Public Hearing was closed at 5:04 p.m.
NOVEMBER 4, 2020 5:04 P.M.
PUBLIC HEARING NO. 3
AQUIFER PROTECTION PERMIT
SUIT- KOTE CORPORATION, APPLICANT/OWNER
3779 US ROUTE 11
TAX MAP #97.00-01-31.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning an application for an
Aquifer Protection Permit submitted by Suit-Kote Corporation to construct two 200 ton asphalt
storage tanks, a new service gas building and a new scale platform to weigh trucks at an existing
batch mix blacktop plant, for property located on the south side of US Route 11, approximately
750 ft. east of the NYS Route 41/US Route 11 intersection, tax map #97.00-01-31.000.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Highway Sup’t., Larry Drach;
Deputy Town Clerk, Abigail Albro; Reception Clerk, Nick Alteri; Budget Consultant, Richard
Tupper; Attorney Francis Casullo representing Cortland Travel Holding, Inc.; Rich Cunningham
representing Thoma Development Consultants; Cortlandville Fire District Commissioner, Kevin
Whitney; Jim Halstrom and Matt Lester representing WellNOW Urgent Care; Town Residents:
John Conway; Stephen Flatt; and News Reporter, Colin Spencer from the Cortland Standard.
Supervisor Williams called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal
notice.
Supervisor Williams offered privilege of the floor to those in attendance. No requests
were made.
No further comments or discussions were heard.
The Public Hearing was closed at 5:05 p.m.
NOVEMBER 4, 2020 5:05 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Highway Sup’t., Larry Drach;
Deputy Town Clerk, Abigail Albro; Reception Clerk, Nick Alteri; Budget Consultant, Richard
Tupper; Attorney Francis Casullo representing Cortland Travel Holding, Inc.; Rich Cunningham
representing Thoma Development Consultants; Cortlandville Fire District Commissioner, Kevin
Whitney; Jim Halstrom and Matt Lester representing WellNOW Urgent Care; Town Residents:
John Conway; Stephen Flatt; and News Reporter, Colin Spencer from the Cortland Standard.
Supervisor Williams called the meeting to order.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of September 23, 2020. All voting aye, the
motion was carried.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
the Cortlandville Planning Board Minutes of September 29, 2020. All voting aye, the motion
was carried.
Councilman Withey made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of October 7, 2020. All voting aye, the motion was carried.
RESOLUTION #279 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0167 TO THE GLASS SMITH INC. FOR LABOR AND
MATERIALS FOR THREE GLASS ENCLOSURES AT THE
RAYMOND G. THORPE MUNICIPAL BUILDING
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0167 to be paid to The Glass Smith, Inc. for labor and materials for the
installation of two glass enclosures at the Town Clerk’s office and one glass enclosure at the
Town Assessor’s office, for the total cost of $2,595.00.
RESOLUTION #280 AUTHORIZE PAYMENT OF VOUCHERS – NOVEMBER
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #1425-1497
HG, SF, SS, SW General Fund A $ 45,343.86
General Fund B $ 4,483.63
Highway Fund DA $ 0.00
Highway Fund DB $ 24,723.53
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 43,335.06
Water Fund SW $ 4,062.50
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 2
Funds CD1, CD3, CD4 Voucher #12-13
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 4,700.00
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #35-36
Trust & Agency TA $ 6,170.85
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to John Conway.
Town resident, John Conway asked for permission to speak later in the meeting when the
Board took up agenda item H-3 regarding the Bennie Road speed limit and stop signs.
Supervisor Williams agreed to Mr. Conway’s request.
RESOLUTION #281 ACCEPT AUDIT REPORT OF THE FISCAL AFFAIRS OF THE
TOWN OF CORTLANDVILLE FROM INSERO & CO. CPA’S,
LLP THE PERIOD ENDING DECEMBER 31, 2019
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Audit Report of the fiscal affairs of the Town of Cortlandville from
Insero & Co. CPA’s, LLP for the period ending December 31, 2019 for the Town of
Cortlandville is hereby accepted and shall be received and filed.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
the following monthly reports:
1) Town Supervisor – September 2020;
2) Town Clerk – October 2020;
3) Code Enforcement Officer, Kevin McMahon – October 2020; and
4) Fire & Safety Inspections – CEO Campbell – October 2020.
All voting aye, the motion was carried.
There was a brief discussion regarding the memorandum from CEO Campbell regarding
the annual inspection of the three mobile home parks in the Town of Cortlandville. Supervisor
Williams explained that CEO Campbell conducted the inspections and notified the property
owners of the violations. The mobile home park permit renewal letters were recently mailed to
the property owners. No action was needed by the Board at this time.
Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file
the Mobile Home Park Inspection Report submitted by CEO Campbell, dated November 2, 2020,
regarding the inspection of the CNH Trailer Park, Cortland Mobile Home Park, and Landmark
Park. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file
correspondence from Robert Martin, received October 30, 2020, regarding the 2021 Preliminary
Budget for the Town of Cortlandville. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file
Cortland County Planning Board Resolution #20-23 dated October 21, 2020, and the Cortland
County Planning Department Review and Recommendations, dated October 7, 2020, regarding
the Aquifer Protection Permit application submitted by Cortland Travel Holding Inc. to install a
9,400 gallon below ground storage tank for a non-petroleum based material at an existing fuel
station, for property located at 3742 US Route 11, tax map #97.02-01-24.000. All voting aye,
the motion was carried.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 3
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
the Cortland County Planning Department Review and Recommendations, received November 4,
2020, regarding the Aquifer Protection Permit application submitted by Suit-Kote Corporation,
to construct two 200 ton asphalt storage tanks, a new service gas building and a new scale
platform to weigh trucks at an existing batch mix blacktop plant, for property located at 3779 US
Route 11, tax map #97.00-01-31.000. All voting aye, the motion was carried.
There was discussion regarding the Aquifer Protection Permit application submitted by
Cortland Travel Holding Inc. for the installation of a 9,400 gallon below ground storage tank for
a non-petroleum based material at an existing fuel station, for property located at 3742 US Route
11, tax map #97.02-01-24.000. Attorney DelVecchio explained that on behalf of the applicant,
Attorney Francis Casullo was in attendance to answer any questions the Board may have. The
Town Planning Board and County Planning Board reviewed the application and recommended
the Town Board approve the Aquifer Protection Permit.
Attorney Casullo addressed the Board on behalf of the applicant who was seeking an
Aquifer Protection Permit to install a 9,400 underground storage tank for a non-petroleum based
product. The product, diesel exhaust fluid (DEF) was essentially water; it is biodegradable, non-
toxic, non-combustible, and never mixed with fuel. The product is used for diesel vehicles to
make emissions cleaner. Attorney Casullo explained that in 2010 the Environmental Protection
Agency (EPA) made regulations that most of the newer trucks must have DEF fluid or their
engines won’t start. Attorney Casullo’s client wanted to make the product available to
consumers.
Attorney Casullo explained that he was working with Forrest Earl from Geologic on the
project. He provided the Board with email correspondence from the NYS Department of
Environmental Conservation explaining that there are “no CBS or PBS regs for DEF”. Attorney
Casullo stated that there are no regulations for the storage tanks; no chemical bulk storage
regulations. He also explained that if approved by the Board, the facility would be the first in the
County to provide the product.
Councilman Withey asked what happens to the product over time. Attorney Casullo
explained that the product is essentially water; it is not fuel. He added that the storage tank is
double walled. The tank will be emptied and will be refilled; the tank is a supply tank for
consumption. Councilman Withey thanked Attorney Casullo for the information and explained
he thought the tank was a receptacle for waste from trucks rather than a supply for trucks.
Councilman Cobb commented on the product which he was familiar with. He explained
the purpose of the product was to reduce emissions and stated that even diesel tractors were
running on the product.
With no further comments or questions, the Board commenced their review of Part 2 of
the SEQR Short Environmental Assessment Form with Attorney DelVecchio reading the
questions. The Board answered no impact to small impact for all of the questions.
RESOLUTION #282 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #7 OF 2020 SUBMITTED BY
CORTLAND TRAVEL HOLDING INC. FOR PROPERTY
LOCATED AT 3742 ROUTE 11 AND AUTHORIZE
SUPERVISOR TO SIGN THE SEQRA APPLICATION
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Cortland Travel Holding
Inc. to permit the installation of a 9,400 gallon below ground storage tank for a non -petroleum
based material at an existing fuel station, for property located on the east side of US Route 11,
immediately south of Interstate Route 81, exit #10, tax map #97.02-01-24.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of
Cortland Travel Holding Inc., Aquifer Protection Permit #7 of 2020, shall have no significant
environmental impact, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application
relating to Aquifer Protection Permit #7 of 2020.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 4
RESOLUTION #283 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2020
SUBMITTED BY CORTLAND TRAVEL HOLDING INC.
SUBJECT TO CONDITIONS
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2020,
submitted by, Cortland Travel Holding Inc., permitting the installation of a 9,400 gallon below
ground storage tank for a non-petroleum based material at an existing fuel station, for property
located on the east side of US Route 11, immediately south of Interstate Route 81, exit #10, tax
map #97.02-01-24.000, subject to the following conditions from the Town and County Planning
Boards:
1. That the applicant contact the NYS Department of Environmental Conservation (DEC)
and obtain approval of any DEC requirements for the underground storage tank.
2. Compliance with SEQR regulations.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Under old business there was discussion regarding the Aquifer Protection Permit
application submitted by Suit-Kote Corporation to permit the construction of two 200 ton asphalt
storage tanks, a new service gas building and a new scale platform to weigh trucks at an existing
batch mix blacktop plant, for property located on the south side of US Route 11 approximately
750 ft. east of the NYS Route 41/US Route 11 intersection, tax map #97.00-01-31.000. The
Board had no questions at this time and commenced their review of Part 2 of the SEQR Short
Environmental Assessment Form with Attorney DelVecchio reading the questions. The Board
answered no impact to small impact for all of the questions.
RESOLUTION #284 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #8 OF 2020 SUBMITTED BY SUIT-
KOTE CORPORATION FOR PROPERTY LOCATED AT 3779
US ROUTE 11 AND AUTHORIZE SUPERVISOR TO SIGN
THE SEQRA APPLICATION
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Suit -Kote Corporation
to permit the construction of two 200 ton asphalt storage tanks, a new service gas building and a
new scale platform to weigh trucks at an existing batch mix blacktop plant, for property located
on the south side of US Route 11 approximately 750 ft. east of the NYS Route 41/US Route 11
intersection, tax map #97.00-01-31.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of
Suit-Kote Corporation, Aquifer Protection Permit #8 of 2020, shall have no sig nificant
environmental impact, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application
relating to Aquifer Protection Permit #8 of 2020.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 5
RESOLUTION #285 APPROVE AQUIFER PROTECTION PERMIT #8 OF 2020
SUBMITTED BY SUIT-KOTE CORPORATION SUBJECT TO
CONDITIONS
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #8 of 2020,
submitted by, Suit-Kote Corporation, permitting the construction of two 200 ton asphalt storage
tanks, a new service gas building and a new scale platform to weigh trucks at an existing batch
mix blacktop plant for property located on the on the south side of US Route 11 approximately
750 ft. east of the NYS Route 41/US Route 11 intersection, tax map #97.00-01-31.000, subject to
the following conditions from the Town and County Planning Boards:
1. Compliance with SEQR regulations.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Under “Old Business” there was discussion regarding the speed limit and stops signs
previously approved for Bennie Road, at its intersection with Walden Oaks Blvd. Supervisor
Williams explained that Town resident, John Conway installed his own radar device to document
the speed that vehicles travel on Bennie Road. Supervisor Williams recalled the discussion that
occurred at the October 21, 2020 Town Board Meeting, and that the Town Board instructed
Highway Sup’t. Drach to pursue the installation of stop signs. Since the last meeting, Highway
Sup’t. Drach discussed the matter with both Mr. Conway and Supervisor Williams and asked the
Board to revisit the issue.
Attorney DelVecchio stated that he spoke with Highway Sup’t. Drach at length, who
spoke with the NYS Department of Transportation (NYS DOT) and secondary sources who gave
him advice on the matter. Highway Sup’t. Drach had two concerns: 1) setting precedent, in
which other residents could approach the Board in the future saying “you did it in one area and
not in the next”; 2) a counterintuitive effect, in that if the Town installs the stop signs that the
opposite occurs – that the stop signs cause accidents. According to Highway Sup’t. Drach, a
three-way stop is supposed to address traffic patterns that are similar on all three sides. Attorney
DelVecchio added that there are legitimate concerns. He mentioned that he drove the road
himself and was aware that Highway Sup’t. Drach spent a considerable amount of time on
Bennie Road as well.
Highway Sup’t. Drach addressed the Board. He informed the Board that he has plowed
Bennie Road for 15 years and has never seen an accident at the location being discussed. He
recalled that the speed limit used to be 45 MPH on Bennie Road and was reduced to 30 MPH
(just prior to Walden Oaks Blvd travelling from Route 13). He indicated that he spoke with the
same representative from the NYS DOT that Mr. Conway was in communication with. She
indicated that sometimes, when radar signs are installed it causes the opposite effect; motorists
try to see how fast they can go. Highway Sup’t. Drach reported that he located the Town’s radar
signs on Bennie Road and the average speed recorded in the location of concern was 37 MPH.
Overall, he was of the opinion that if the Town installs the stop signs at the intersection of
Bennie Road and Walden Oaks Blvd. there will be issues. He suggested that the Town have an
engineer look into the matter; the NYS DOT could conduct the study.
Attorney DelVecchio stated that if a field study could be conducted it would be helpful.
Councilman Withey asked for clarification regarding the speed limit. He voiced his
concern that if the Town does nothing the same dilemma exists. He stated that a citizen spent his
own money to document his concern.
Highway Sup’t. Drach explained that the speed limit on Bennie Road (from Route 13) is
30 MPH. After Walden Oaks Blvd. the speed limit is 45 MPH.
Supervisor Williams offered privilege of the floor to John Conway.
Mr. Conway stated that for the past 10 months he has been documenting the speed on
Bennie Road. He voiced concerns for the danger and the potential for accident, explaining the
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 6
high speeds that vehicles travel on Bennie Road, from Route 215 towards Walden Oaks and
Route 13 and the danger that exists when driving out of Walden Oaks Blvd. onto Bennie Road.
Mr. Conway stated that he has more than enough data and evidence from his radar device to
support his concern.
Mr. Conway compared his concerns regarding the traffic on Bennie Road to the traffic on
Luker Road, Gracie Road, and Starr Road. He was concerned with the amount of traffic that
travels from Starr Road to Route 215 to Bennie Road to get to Wal-Mart and the speed at which
it travels. He commented that he also spoke with the same NYS DOT representative that
Highway Sup’t. Drach spoke with. According to Mr. Conway and his conversation with the
NYS DOT representative, it was best to have a stop sign. Mr. Conway offered to pay for the
stop signs.
Attorney DelVecchio suggested a third party conduct a professional traffic study. He
asked Mr. Conway if he would pay for such a study, which Mr. Conway answered that he would.
Councilman Testa suggested the Town install the stop signs and ask the County Sheriff to
patrol the road. Mr. Conway stated that the Sheriff’s Department has patrolled the area but has
been busy. Supervisor Williams interjected and stated that another factor was involved in that it
wasn’t just local traffic travelling Bennie Road. He asked whether it would be prudent to hire a
Sheriff Deputy to do nothing but traffic control in the Town and for the Town to pay the salary
for the Sheriff. Supervisor Williams would look into the cost for such.
Councilman Testa again suggested Highway Sup’t. Drach install the stop signs to slow
motorists down; the stop signs would not cost a lot of money. Supervisor Williams asked
Highway Sup’t. Drach if he needed permission to install the stop signs. Highway Sup’t. Drach
reported that he already spoke with the County and would coordinate with the County.
Discussion continued regarding the installation of stop signs and whether they would be
solar or standard stop signs. Highway Sup’t. Drach informed the Board the cost of solar stop
signs (which are not NYS DOT approved) was approximately $2,000 per sign. The Board
consensus was to install standard stop signs at this time.
Town Clerk Rocco-Petrella reminded the Board they previously authorized the
installation of solar stop signs at the intersection of Bennie Road and Walden Oaks Blvd. She
suggested the Board amend the original resolution to reflect the installation of standard stop
signs.
RESOLUTION #286 AMEND TOWN BOARD RESOLUTION #264 OF 2020,
“AUTHORIZE HIGHWAY SUPERINTENDENT TO PROCEED
WITH THE INSTALLATION OF TWO STOP SIGNS TO BE
LOCATED ON BENNIE ROAD AT THE INTERSECTION OF
BENNIE ROAD AND WALDEN OAKS BLVD. SUBJECT TO
CORTLAND COUNTY HIGHWAY DEPARTMENT
APPROVAL” TO PROVIDE FOR THE INSTALLATION OF
STANDARD STOP SIGNS RATHER THAN SOLAR STOP
SIGNS
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Resolution #264 of 2020 adopted on October 21, 2020, the Town Board authorized
and directed the Highway Superintendent to proceed with the installation of two stop signs (solar) to
be located on Bennie Road, at the intersection of Bennie Road and Walden Oaks Blvd., subject to
Cortland County Highway Department approval, and
WHEREAS, after further discussion the Town Board finds it in the best interest of the Town to
install standard stop signs at said location, therefore
BE IT RESOLVED, the Town Board does hereby amend Resolution #264 of 2020, “Authorize
Highway Superintendent to Proceed with the Installation of Two Stop Signs to be Located on
Bennie Road at the Intersection of Bennie Road and Walden Oaks Blvd. subject to Cortland County
Highway Department Approval”, to provide for the installation of standard stop signs rather than
solar stop signs.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 7
Attorney DelVecchio reported:
Expenditure of Funds from Water Reserve Fund for Cortlandville Fire District:
Attorney DelVecchio informed the Board that he researched the request made by the
Cortlandville Fire District for a “loan” from the Town in the amount of $300,000. Attorney
DelVecchio asked the Town’s auditors about the matter. Their opinion, which he had in writing,
was to use the water reserve fund that had a balance of over $400,000.
Attorney DelVecchio explained that the applicable law was the State Constitution. There
is a gift or loan clause in which a municipality cannot gift or loan money to a private individual
or private entity. The Fire District is not a private individual or private entity but rather is a
municipality itself. Therefore, that part of the constitution does not apply. Looking at case law,
when a municipality gives a loan or public gift there still has to be a public purpose. The Fire
District’s need served a public purpose. He explained that the Fire District was waiting for grant
funds to be received from the State (for the already constructed live fire training building).
Attorney DelVecchio stated that Fire Commissioner Kevin Whitney was in attendance at
the meeting. Mr. Whitney provided documentation showing that the grant money would be
received in the near future by the Fire District, which Attorney DelVecchio was comfortable
with. The question that still remained was whether or not the water reserve funds were a
“specific or type” reserve and if the funds could be used.
If the Board was interested in pursuing the request the payment terms, interest rates and
the duration of the loan would have to be discussed further. Attorney DelVecchio suggested the
Board continue the discussion with Mr. Whitney.
Councilman Withey asked when the grant funds were anticipated to be received.
Mr. Whitney explained that the Fire District was awarded two grants (for the live fire
training building). The funds for one of the grants supported by Assemblywoman Lifton was
released and received by the District in 2020. The second grant from Senator Seward was not
released. In order to receive grant money the project must commence. In anticipation of the
grant money, the Fire District took a 2-year Revenue Anticipation Note that is due December 31,
2020 and constructed the building. The Fire District is not able to bond for the money or it will
jeopardize receiving the grant money.
Mr. Whitney commented that the Fire District is in a situation they did not think they
would be in; he was not sure why the Assemblywoman’s money was released while the
Senator’s money was not released. It was not known whether or not the COVID -19 pandemic
played a role or not. At this time, Mr. Whitney was not sure if the grant money would be
released in 2021 either. Councilman Withey interjected and stated it would be 2022 before the
money is released.
Supervisor Williams stated it was a possibility that the money is never released. He
suggested that if the Board moves forward with the loan that it be structured so that the payment
could be budgeted and paid for by the Fire District. He suggested the Board informally give
Attorney DelVecchio direction to proceed with his research and necessary documents to
accomplish the loan. The Board agreed and would take formal action at a later date.
Mr. Whitney thanked the Board and the Town of Cortlandville as a whole. He stated that
the Fire District was embarrassed to be in this position and appreciates the partnership and
support they have always had with the Town.
Purchase Agreement with Lime Hollow Nature Center:
Attorney DelVecchio apprised the Board he negotiated further with the attorneys for the
Lime Hollow Nature Center (LHNC) for the purchase of property from LHNC for the purpose of
constructing a storage building for the Highway Department. He explained the main reason for
the purchase of property from LHNC was to avoid any potential alienation issues involved with
constructing such a building on the site of the Gutchess Lumber Sports Complex (GLSC). If the
highway building itself is not on the park land, there is no need for legislative approval. If the
highway building is constructed on the park and used for other reasons than just the park it
would require legislative approval and could be a lengthy process.
Along with the purchase of the property by the Town, LHNC was interested in a 25-year
lease from the Town for use of a portion of the future building/outdoor area. The term of the
lease was approved by the LHNC Board of Directors.
Attorney DelVecchio provided a purchase agreement that laid out the purchase of the
property (for $1.00), contingent upon the subdivision approval and the own paying all attorney
fees and closing costs. Councilman Guido made a motion, seconded by Councilman Testa, to
approve the purchase of the property and to approve the lease to LHNC.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 8
Discussion occurred on the proposal. Councilman Withey voiced his opposition to the
proposal to construct a $400,000 building to store park equipment/highway equipment. He was
concerned that a cost-benefit analysis was not done. Councilman Withey stated that the
proposed property was a poor location as most people in the community won’t see the building
(off of Gracie Road). He suggested that a smaller less expensive building would be adequate to
store equipment for the GLSC and that the building should be constructed on the GLSC.
Councilman Withey stated that the new Highway Garage located in Polkville was more than
adequate to store highway equipment. He also voiced concern in that he did not know what the
loss of revenue (due to COVID-19) would be and the impact it would have on the Town. He
reiterated that he was opposed to the proposed location of the building which he said would not
be visible to the taxpayers. Councilman Withey also stated it was not smart to spend tax dollars
on Lime Hollow’s initiative.
Supervisor Williams stated that Councilman Withey had two issues that should not be
comingled: 1) location of the building; 2) the size of the building. Supervisor Williams stated
that for years the Highway Department has expressed that they “need a presence on this side of
town”. He explained that the proposed new building would have four purposes: 1) store park
equipment; 2) modest office for park personnel; 3) modest storage for highway equipment; and
4) Lime Hollow Nature Center could use the building. He explained that Glenn Reisweber from
LHNC was adamant that they would not need anything inside the building other than bathrooms
which could be accessible from the outside. The “rough design” of the building included an
extended roof line or overhang to provide a location for picnic tables to be used by LHNC.
Councilman Guido stated that the location of the proposed building would give the Town
more flexibility with GLSC in the long run. If the Board moves forward with the purchase of the
property they could then discuss the size of the building, the cost and the needs. He agreed that
the cost of the proposed building was high, but suggested that could be discussed later. He
suggested the Board move forward with the purchase agreement to start the process.
Attorney DelVecchio reiterated concern for parkland alienation and interference with
future grants. Supervisor Williams recalled that when the Town made its initial request to swap
land with Gutchess Lumber for the park it took many months. At that time, there was no
COVID-19 pandemic and there were two friendly high ranking entities in the State Assembly
and Senate. However now, there are two new bodies that Supervisor Williams stated could add
to the length of time for the alienation process.
Councilman Withey stated that the original GLSC proposal included storage for
equipment. He reiterated his opposition to the proposed location of the building off of Gracie
Road and concerns for spending $400,000 to house equipment.
Supervisor Williams asked members of the Board to recognize Councilman Withey’s
position, which all members did. He asked for a vote on the motion that was on the table.
In regard to the proposed purchase agreement with LHNC, Councilman Cobb asked if the
Town was expected to construct a building on the property right away. Attorney DelVecchio
explained that the purchase agreement could be written so that it was contingent upon the Town
deciding what the building will look like in the future. Supervisor Williams added that the
purchase agreement would lock LHNC into the purchase of the property by the Town. The
Board could decide later, after the agreement is signed, about a building.
Councilman Guido stated he did not disagree with Councilman Withey’s concern
regarding the cost of the building but was interested in moving the purchase agreement forward.
Councilman Testa voiced the need for a building to store equipment and stated he was concerned
about the cost of the building as well. He added that “we don’t realize the potential of the park”.
Attorney DelVecchio asked for the original motion to be withdrawn to provide for more
specific language to authorize the Supervisor to sign the purchase agreement for the property
owned by Lime Hollow Nature center with the contingency that there be a 25-year lease
agreement with Lime Hollow and a further contingency that the Town formally decides to
construct a building on that property. If the Town decides not to construct a building the
purchase is null.
Councilman Testa withdrew his second and Councilman Guido withdrew his original
motion.
Councilman Cobb made a motion, seconded by Councilman Guido, to authorize the
Supervisor to sign the purchase agreement for the property owned by Lime Hollow Nature center
with the contingency that there be a 25-year lease agreement with Lime Hollow and a further
contingency that the Town formally decides to construct a building on that property.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 9
RESOLUTION #287 AUTHORIZE SUPERVISOR TO EXECUTE THE PURCHASE
AGREEMENT BETWEEN THE LIME HOLLOW NATURE
CENTER INC. AND THE TOWN OF CORTLANDVILLE FOR
2.5+/- ACRES OF LAND LOCATED AT 3118 GRACIE ROAD
(PORTION OF TAX MAP #105.00-01-37.000) SUBJECT TO
CONTINGENCIES
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Purchase Agreement between the Lime Hollow Nature Center Inc. (the “Seller”), and the Town
of Cortlandville (the “Buyer”) 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 purchase price of $1.00 plus any and all closing costs and fees,
subject to the following contingencies:
1) That there be a 25-year lease agreement between the Town of Cortlandville and the
Lime Hollow Nature Center for the use of the property, which shall be subject to
permissive referendum; and
2) That the Town Board formally decides to construct a building on said property.
Supervisor Williams reported:
PILOT Agreements for Solar Projects:
Supervisor Williams apprised the Board that it was suggested by both the Town of
Homer and County of Cortland to slightly modify the resolution that was adopted in August
2020 regarding payment in lieu of tax agreements (PILOT) for solar projects. The resolution
previously adopted established a minimum PILOT agreement in the amount of $7,000.00 per
megawatt (MWac) with an annual 2% increase in the amount for the term of the agreement. A
change was suggested to reflect a COLA adjustment annually instead so if there is a large spike
in inflation the municipalities would not receive less than they should. Supervisor Williams
asked the Board to amend the resolution they previously adopted to reflect the change.
RESOLUTION #288 AMEND TOWN BOARD RESOLUTION #218 OF 2018,
“ESTABLISH A MINIMUM ACCEPTABLE PAYMENT IN
LIEU OF TAX (PILOT) PER MEGAWATT FOR SOLAR
PHOTOVOLTAIC PROJECTS UNDER CONSIDERATION BY
THE COUNTY INDUSTRIAL DEVELOPMENT AGENCY IN
THE TOWN OF CORTLANDVILLE” TO PROVIDE FOR AN
ANNUAL COLA ADJUSTMENT RATHER THAN AN
ANNUAL 2% ADJUSTMENT
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby amend Resolution #218 of 2020, adopted
August 19, 2020 as follows to provide for an “annual Cost of Living Adjustment (COLA)” rather
than an “annual 2% adjustment”:
ESTABLISH A MINIMUM ACCEPTABLE PAYMENT IN LIEU OF
TAX (PILOT) PER MEGAWATT FOR SOLAR PHOTOVOLTAIC
PROJECTS UNDER CONSIDERATION BY THE COUNTY
INDUSTRIAL DEVELOPMENT AGENCY IN THE TOWN OF
CORTLANDVILLE
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 10
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, developers of solar photovoltaic facilities (“Solar Energy Systems”) have expressed
interest in constructing and operating such systems within the Town of Cortlandville, Cortland
County (“Town”); and
WHEREAS, developers of Solar Energy Systems often seek Financial Assistance (as defined in
New York General Municipal Law §854 (14) from Industrial Development Agencies; and
WHEREAS, Industrial Development Agencies generally require developers of Solar Energy
Systems to enter agreements for payment in lieu of real property taxes (“PILOT Agreements”);
and
WHEREAS, the Town wishes to establish a minimum payment in lieu of real property tax to
include in any PILOT Agreements entered into by the IDA for Solar Energy Systems constructed
in the Town; and
WHEREAS, the Town would like to further require developers of Solar Energy Systems seeking
Financial Assistance from the Cortland County Industrial Development Agency (IDA) to enter a
Community Host Agreement (“CHA”) with the Town and that any amounts paid to the Town
under such a CHA be deducted from the minimum payment in lieu of tax recommended herein;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
CORTLANDVILLE, AS FOLLOWS:
RESOLVED, that the Town hereby establishes a minimum annual payment in lieu of real
property tax to include in any PILOT Agreements entered into by the IDA for Solar Energy
Systems constructed in the Town in the amount of $7,000.00 per megawatt (MWac), together
with an annual cost of living adjustment (COLA) in said amount for the term of the PILOT
Agreement, to be distributed among all of the taxing jurisdictions in accordance with law; and, be
it further
RESOLVED, that the Town hereby requires developers of Solar Energy Systems seeking
Financial Assistance from the IDA to enter a Community Host Agreement (“CHA”) with the
Town (or Towns) and that any amounts paid to the Town (Towns) under such a CHA be deducted
from the minimum payment in lieu of tax recommended herein; and be it further
RESOLVED, that the CHA payment amount to the host community or communities be no less
than a total of $1,500.00 per megawatt, and that it be split between the host communities on the
basis of the percentage of the project in each community where there is more than one such
community.
Safety Protocol - Raymond G. Thorpe Municipal Building (Town Hall):
Supervisor Williams informed the Board he was making some slight changes to the Town
Hall to allow for more people to be inside the building during the winter months while still
maintaining appropriate social distancing due to COVID-19. He worked with the Safety
Committee and the Town Court. He suspected the new protocol would be a positive change.
With nothing further to discuss, the Board moved forward in the agenda.
RESOLUTION #289 AUTHORIZE SUPERVISOR TO SIGN THE OWNER-
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
DAVID BRAGG FOR THE TOWN-WIDE HOUSING
REHABILITATION GRANT PROGRAM CDBG #287HR323-19
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 11
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 David Bragg, 3483 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 $32,664.90.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
the MWBE Report for the Town of Cortlandville for the period of October 1, 2019 through
September 30, 2020 regarding the 2019 Town-wide Housing Rehabilitation Project, CDBG
#287HR323-19. All voting aye, the motion was carried.
RESOLUTION #290 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE
TOWN-WIDE HOUSING REHABILITATION GRANT
PROGRAM CDBG #287HR323-19
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED the Town Board does hereby authorize approval of payment for the
following regarding the Town-Wide Housing Rehabilitation Grant Program-CDBG #287HR323-
19:
GT Contracting – $15,088.00 (Partial Payment - Henriques)
Town of Cortlandville - $50.00 (Building Permit Fee – Bragg)
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from Cortlandville Town Clerk, Kristin Rocco-Petrella, dated November 1,
2020, regarding the 2021 Benefit Tax calculations. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file
Cortland County Planning Board Resolution #20-25 dated October 21, 2020, and the Cortland
County Planning Department Review and Recommendations, dated October 16, 2020, regarding
the Aquifer Protection Permit application submitted by Route 222 Cortlandville, LLC
(WellNOW Urgent Care), to subdivide a 22,546 sq. ft. lot from a 5 acre parcel and construct a
3,531 sq. ft. medical clinic with accessory parking for 29 vehicles, for property located off of
Route 222, tax map #86.13-01-58.100. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from Cortland County Soil & Water Conservation District, dated September 22,
2020, regarding the WellNOW Urgent Care proposed project to be located off of Route 222, tax
map #86.13-01-58.100, and the need for all “standard Erosion and Sediment Control (ESC)
practices” to be employed during construction. All voting aye, the motion was carried.
RESOLUTION #291 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
ROUTE 222 CORTLANDVILLE, LLC (WELLNOW URGENT
CARE) FOR PROPERTY LOCATED OFF ROUTE 222
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for November 18, 2020 at 5:00 p.m. for
an Aquifer Protection Permit application submitted by Route 222 Cortlandville, LLC (WellNOW
Urgent Care) to subdivide a 22,546 sq. ft. lot from a 5 acre parcel and construct a 3,531 sq. ft.
medical clinic with accessory parking for 29 vehicles, for property located off of Route 222, tax
map #86.13-01-58.100
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 12
Supervisor Williams introduced Rich Cunningham from Thoma Development
Consultants and offered him privilege of the floor to discuss agenda item I-8.
Rich Cunningham addressed the Board with regard to the Tioughnioga River Local
Waterfront Revitalization Program LWRP). He explained that the program was originally
prepared in 2010 for the New York State Department of State (NYS DOS) with funding from the
Environmental Protection Fund Act. The plan included 11 participating municipalities within
Cortland County along the Tioughnioga River waterfront. Mr. Cunningham explained that the
Tioughnioga River LWRP includes land and water use plans as well as proposed projects that
will guide development along the River. While the plan was completed in 2010 it was not
officially adopted by the participating municipalities or certified by the NYS DOS.
Mr. Cunningham explained that the state now requires an adopted LWRP for
communities to be eligible for future LWRP funds. The City of Cortland applied for and
received a Local Waterfront Revitalization Program grant with the goal of updating and adopting
the Tioughnioga River LWRP plan document. Thoma Development Consultants was hired to
develop the plan, which can include any municipalities with river waterfrontage including the
Town of Cortlandville.
Mr. Cunningham apprised the Board that the completion and adoption of the LWRP by
participating municipalities will allow those municipalities to apply for LWRP project funding in
the future. The Town may be asked to appoint someone to an LWRP steering committee in the
future, and the Town would have to adopt a “local consistency law” at the conclusion of the
planning process that will require certain actions be reviewed regarding their consistency with
the adopted LWRP.
The LWRP grant covered 75% of the cost for the plan, with the remaining 25% ($16,250)
provided by participating municipalities. Mr. Cunningham recalled that the Town Board
committed $2,500 toward the required 25% match of the project (Town Board Resolution #187
of 2018). He was meeting with other municipalities (Town of Homer, Village of Homer, Town
of Marathon, Town of Preble, and City of Cortland) to determine the municipalities that would
be involved. At this time, no action was necessary by the Board.
Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file
correspondence from Thoma Development Consultants, dated October 8, 2020 (received October
29, 2020), regarding participation in the Tioughnioga River Waterfront Revitalization Program
(LWRP) along with other municipalities. All voting aye, the motion was carried.
Mr. Cunningham asked the Board to schedule a public hearing regarding the Town’s
application for a 2020 NYS Community Development Block Grant Economic Development
Grant.
RESOLUTION #292 SCHEDULE PUBLIC HEARING FOR NOVEMBER 18, 2020
REGARDING THE TOWN’S APPLICATION FOR A 2020 NYS
CDBG ECONOMIC DEVELOPMENT GRANT
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for November 18, 2020 at 5:00 p.m. or
as soon thereafter as the parties may be heard regarding the Town of Cortlandville’s application
for a 2020 NYS Community Development Block Grant (CDBG) Economic Development Grant.
Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Samantha Clark, dated October 09, 2020, requesting relief from sewer fees
for property located at 3289 Coventry Lane. All voting aye, the motion was carried.
There was discussion regarding the request made by Ms. Clark. Supervisor Williams
explained that she was requesting relief from the sewer fees for the July and October water/sewer
billing. He spoke at length with Water & Sewer Sup’t. Alteri regarding the matter and reviewed
the account information and usage graphs.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 13
Councilman Withey stated it was an unfortunate situation for Ms. Clark, but ultimately if
the water went through the meter she should pay for it. There were two leaky spigots outside in
which the water did not go down the sewer, however there was a question of how do you
determine how much water leaked. With regard to the dripping faucets and running toilets,
Councilman Withey explained that water went down the sewer.
Supervisor Williams asked what action the Board wanted to take. Councilman Withey
recalled the Town Board adopted a resolution establishing a policy that the Town Board would
not waive sewer fees for pool fills. He made a motion to deny Ms. Clark’s request with that
policy in mind.
RESOLUTION #293 DENY REQUEST MADE BY SAMANTHA CLARK FOR
RELIEF FROM THE SEWER FEES FOR PROPERTY
LOCATED AT 3289 COVENTRY LANE
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 deny the request made by Samantha Clark for
relief from sewer fees for the 2nd Quarter 2020 (July) and 3rd Quarter 2020 (October) billing for
property located at 3289 Coventry Lane in the Town of Cortlandville.
RESOLUTION #294 AUTHORIZATION TO RELEVY OUTSTANDING GRASS AND
WEED CONTROL CHARGES ONTO THE 2021 TAX ROLL OF
THE TOWN OF CORTLANDVILLE
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, pursuant to Chapter 98 of the Code of the Town of Cortlandville the Highway
Superintendent of the Town is authorized by Section 98-4 to enforce grass and weed control,
therefore
BE IT RESOLVED, the Town Board does hereby authorize the following outstanding grass and
weed control charges for the year 2020, as submitted by the Town Highway Superintendent and
Code Enforcement Office, be relevied onto the 2021 tax roll of the Town of Cortlandville:
ARCTDNY001, LLC 95.16-01-18.000 3548 Route 281 $258.17
Beattie, James 95.16-02-31.000 816 S. Lamont $229.17
Barbarito, Nicholas 97.04-01-09.000 3541-3567 Kellogg Road $258.17
Total: $745.51
With nothing further to come before the Board, Supervisor Williams asked Budget
Consultant Richard Tupper to respond to the communication received from resident Bob Martin
regarding the 2021 Preliminary Budget.
Mr. Tupper responded to Mr. Martin’s comments/questions as follows:
Mr. Martin’s correspondence: “Overall budget of $10,134,974 is less than last year’s budget of
$10,883,674. However there is a projected tax rate increase of 1.9%. I feel that the town should
do everything possible not to increase taxes in the Covid Pandemic era. Sale tax revenue is
questionable as the pandemic continues and businesses may have to shut down again. Many
people have reduced income or no income other than unemployment insurance at this time.
Salary increases may not exist for many and an additional 1.9% in taxes will be a burden.”
Response: The total budget includes the Town Water/Sewer which pays for itself and the
Cortlandville Fire District has its own tax that the Town collects on their behalf. The Town’s
budget was $7.9 million. The projected tax increase was less than 1.9%. The Town tax rate
would increase $0.06 per thousand of assessed value ($3.47 projected 2021 Town tax rate). The
Town would be under the 2% tax cap, which was actually only 1.5%.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 14
Mr. Martin’s correspondence: “What effect do the two capital projects have on the overall
budget and this increased tax rate? The $500,000 being allocated for security improvements at
the town hall and $400,000 for an additional highway garage add up to nearly $1,000,000. Can
these costs be avoided this year for at least reduced?
Security upgrades are needed. Can they be phased in? Is a building addition required right now?
A maintenance storage building is needed at Gutchess Sports Complex and in fact was included
in the master plan. It should be sited on the 104 acres and not on adjacent purchased property. As
I have expressed previously a cost benefit analysis should be performed on this facility looking
at alternate sites including an existing site at GLSC where utilities exist. This building can be put
on hold for another year as the town has functioned operating GLSC without this facility and has
successfully plowed roads etc., in this section of Cortlandville from its existing facility in
Polkville.”
Response: The 2021 Preliminary Budget includes two bond anticipation notes (BAN) for a total
of $900,000. The proposed new construction has no effect on the 2021 Budget. The size of the
maintenance building and the costs are up to the Town. Mr. Tupper explained that for years it
had been discussed to locate a highway building on the south side of the Town. Other than the
expense for preparing the BAN the Town would not have expenses until 2022.
Mr. Martin’s correspondence: “General fund contractual expenses A1620.4 2020 $100,000.
2021 $600,000. +$500,000 for security project.”
Response: The $500,000 increase was for the proposed Town Hall building renovation.
Mr. Martin’s correspondence: “Special items A1990.4 contingent account $0 2019. $25,000
in 2021. What is this expense?”
Response: The Town budget always includes contingency money. No money was spent from
the budget line in 2019 but was budgeted again in 2020 and in 2021.
Mr. Martin’s correspondence: “Total general government spending 2020 $1,343,301 Vs
$1,881,987 in 2021.”
Response: The increase is largely the $500,000 BAN for the proposed Town Hall building
renovation.
Mr. Martin’s correspondence: “Garage equipment capital outlay A5132.2 $18,600 in 2021.
Seems low?”
Response: The budget line is for garage small equipment and tools.
Mr. Martin’s correspondence: “Culture & recreation personal services 2020 $24,000. 2021
$50,000. What is causing increase?”
Response: The increase is for an employee who spends half time at the park and half time at the
highway. The expense is being split between the two budget lines rather than solely highway.
Mr. Martin’s correspondence: “Equipment capital outlay all parks $45,000 for 2021. Last year
$363,000 for Gutchess only. A big change! At least money is being allocated to other parks.
A7110”
Response: The 2020 Budget included the cost for a storage building in the amount of $350,000
(to be paid for by a BAN). The storage building was not built in 2020. The expense has been
moved to a different budget line.
Mr. Martin’s correspondence: “Contractual expenses A7110 $20,000 in 2020 for Gutchess.
This year 2021 $67,000 for all parks.”
Response: The Bookkeeper and Town independent auditors suggested the Town move all park
expenses from General Fund B to General Fund A. The thought is that all Town parks benefit all
people of the Town.
Mr. Martin’s correspondence: “Employee benefits A9050.8 Unemployment claims fund $0.
Will Covid 19 require furloughs or layoffs?”
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 15
Response: The Town has survived the worst of the pandemic. At this time no furloughs or
layoffs would be made. The Town has not put money into unemployment claims because a
personnel specialist who the hired years ago indicated that the Town had more than enough
money in it.
Mr. Martin’s correspondence: “Culture & recreation outside villages – parks B7110 had
$30,000 in 2020 for Lamont, Blodgett Mills, and Testa. 2021 $0. Same for contractual expense
B7110.”
Response: The funds were moved to General Fund A.
Mr. Martin’s correspondence: “Outside village B8020.44 contractual expense for SEQRA
$20,000 in 2021. What is this for?”
Response: The expense is for the South Hill Dump – a NYS DEC superfund dump that the State
spent millions cleaning up. A few years ago, former Town Attorney John Folmer and former
Supervisor Tupper negotiated with the State that the Town would not spend any money paying
the cost back, but will pay for an engineering report and maintenance. The money to cover such
costs has been included in the budget each year.
Mr. Martin’s correspondence: “Total appropriations outside villages down. 2020 $620,844.
2021 $494,602” and “Revenue outside villages departmental income B2001 park and recreation
changes 2019 $40,285. 2020 $0?”
Response: $107,000 was moved from General Fund B to General Fund A; $50,000 was also
moved in recreation contracts. Supervisor Williams negotiated new contracts with the Village of
Homer, Village of McGraw and City of Cortland.
Mr. Martin’s correspondence: “Highway fund town wide transportation bridges contractual
expense DA5120.4 2021 $275,062. Revenue appropriated fund balance same amount $275,062.
Any state funding available?”
Response: The fund can only be used to build a bridge. The Town stopped adding money to the
fund 15 years ago. Former Highway Sup’t. Buh explained at that time that building a bridge
would cost more than is worth budgeting for. The Town has five bridges and would likely have
to go to bond to pay for the cost.
Mr. Martin’s correspondence: “Highway fund outside village – highway garage (Storage –
Lime Hollow) DB5132.4 $400,000.”
Response: The cost is for the proposed highway storage building near the Gutchess Lumber
Sports Complex. Mr. Tupper added that the Town has been trying to find a way to tie into the
Lime Hollow Nature Center property for years.
Mr. Martin’s correspondence: “Revenue for above DB5710 bond $400,000 new financial
obligation.”
Response: The $400,000 is the BAN to pay for the new building.
Mr. Martin’s correspondence: Town Supervisor salary has $24,476.01 and $12,759 for the
budget officer. Is Tom Williams handling both positions as did Dick Tupper?”
Response: Yes.
Mr. Martin’s correspondence: “Did Dick Tupper get paid for assistance on the 2021 budget?
Did any payment come out of the $12,759 salary for the budget officer? Or did Dick Tupper
volunteer his services as a community member?”
Response: Supervisor Williams explained that Mr. Tupper was paid $1,500 per month; the
expense was authorized by Town Board resolution.
Members of the Board thanked Mr. Tupper for responding to Mr. Martin’s comments.
Mr. Tupper thanked the Board and thanked Bookkeeper Megan Johnson and Bookkeeper Marcia
Hicks for their hard work during the budget process which commenced in June this year.
NOVEMBER 4, 2020 TOWN BOARD MEETING PAGE 16
With regard to the use of unexpended fund balance to lower the budget from year to year,
Supervisor Williams explained that even after using over $1.8 million in unexpended fund
balance for the 2021 budget, it was projected that the Town would have $3.5-$4 million in
unexpended fund balance at year end. He stated that the Town was in excellent condition and
noted that the Town has the highest rating from Moody’s that a Town of our size can have.
No further comments or discussion were heard.
Councilman Guido made a motion, seconded by Councilman Withey, to recess the
Regular Meeting to an Executive Session to discuss personnel and contracts. All voting aye, the
motion was carried.
The meeting was recessed at 7:31 p.m.
Councilman Cobb made a motion, seconded by Councilman Withey, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 7:54 p.m.
Members of the public were invited to return to the meeting at this time.
RESOLUTION #295 AUTHORIZE ADDITIONAL PAYMENT OF $1,500 TO
RICHARD C. TUPPER FOR SERVICES RENDERED DURING
THE MONTH OF OCTOBER 2020 AS A CONSULTANT FOR
THE TOWN OF CORTLANDVILLE TO ASSIST IN THE
PREPARATION OF THE 2021 TOWN BUDGET
Motion by Councilman Guido
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #151 of 2020, adopted June 17, 2020, the Town Board
authorized the Supervisor to engage the services of former Town Supervisor, Richard C. Tupper
as a Consultant to assist the Town with the preparation of the 2021 Town Budget, in the amount
of $1,500 per month and shall not exceed $6,000, and
WHEREAS, Mr. Tupper’s services were utilized for an additional month, therefore
BE IT RESOLVED, the Town Board does hereby authorize the additional payment of $1,500 to
Mr. Tupper for services rendered during the month of October 2020 as Consultant for the Town
of Cortlandville to assist in the preparation of the 2021 Town Budget.
No further comments or discussion were heard.
Councilman Guido made a motion, seconded by Councilman Withey, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kristin E. Rocco-Petrella, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on November 23, 2020.
The final version of this meeting was approved as written at the Town Board meeting of December 2, 2020.