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HomeMy WebLinkAbout2021-08-04 Town Board Minutes AUGUST 4, 2021 5:08 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town of Cortlandville’s Gutchess Lumber Sports Complex, 3111 Byrne Hollow Crossing, 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 DelVecchio; Deputy Town Clerk, Abigail Albro; Highway Sup’t. Larry Drach; Town Justice, Lenore LeFevre; Town Bookkeeper, Megan Johnson; Assistant Bookkeeper, Marcia Hicks; Deputy Town Clerk, Amanda Rainbow; Chief Court Clerk, Mary Caufield; Court Clerk, Pamela Bassett; Highway Department Employees: Todd Bassett; Daniel Head; Code Enforcement Officer, Desiree Campbell; State Senator, Peter Oberacker; Luann King; Machell Phelps from the Cortland Regional Sports Council; John McNerney, Cortlandville Recreation Director and Director of the Cortland Youth Bureau; Village of McGraw Mayor, Al Stauber; Jared Carrier, PBR New York; Tim Whelan; Bill McConnell, Coach of the Cortland Crush; Jeff Breed from Gutchess Lumber; Robert Nasiatka, Homer Baseball Coach; Chris Newell, Chair of the Town Planning Board and County Legislator; John Finn, Chair of the Cortlandville Zoning Board of Appeals; ZBA Member, Bernice Potter-Masler; Amelia McLean-Robertson; Christella Yonta, Director of Cortland County United Way; Former Town Attorney, John Folmer; Former Planning Board Chair, Katherine Wickwire; Former Town Highway Sup’t. Glen Bassett; Former Town Councilmen: John Proud and Greg Leach; Town Residents: John and Yvonne DelVecchio; Tracey DelVecchio; Barbara Leach; Robert Martin; Pamela Jenkins; Matthew Petrella; Lucas and Noah Johnson; Lisa Drach; and News Reporters: Colin Spencer from the Cortland Standard; and Kevin Smith from the Cortland Voice. Supervisor Williams called the Regular Meeting to order. Councilman Withey made a motion, seconded by Councilman Cobb to receive and file the Cortlandville Zoning Board of Appeals Minutes of June 29, 2021. All voting aye, the motion was carried. Councilman Withey made a motion, seconded by Councilman Cobb to receive and file the Cortlandville Planning Board Minutes of June 29, 2021. All voting aye, the motion was carried. RESOLUTION #220 AUTHORIZE PAYMENT OF VOUCHERS –AUGUST Motion by Councilman Testa Seconded by Councilman Guido 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 #949-1020 HG, SF, SS, SW General Fund A $ 71,235.76 General Fund B $ 280.77 Highway Fund DA $ 0.00 Highway Fund DB $ 20,763.13 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 166,592.65 Water Fund SW $ 41,175.93 Funds CD1, CD3, CD4 Voucher #(None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #24-25 Trust & Agency TA $ 6,656.76 Expendable Trust TE $ 0.00 AUGUST 4, 2021 TOWN BOARD MEETING PAGE 2 Supervisor Williams offered privilege of the floor to John Folmer. Former Town Attorney and Town resident, John Folmer stated the following: John Folmer: Mr. Supervisor and members of the Board. For a long time where I sat where Mr. DelVecchio sits very, very competently. I was not often able to offer a personal opinion as to matters affecting the town. Those restrictions are gone, and I came today to offer a personal opinion only. Several years ago, Mr. Testa went to meet with Gary Gutchess at Gutchess Lumber, and I am certain he was absolutely astounded to walk away from that meeting with the germ of the facility that we stand in today. The Town Board then ordered a preparation of a preliminary plan by its engineering firm that were experts in planning recreational facilities and they ordered a feasibility study as well. And the message of that feasibility study was very simple. If you build it, they will come. As a result of that determination and severe planning, detailed, meticulous, fiscally responsible planning, that board, your predecessors laid the groundwork for what we are sitting in today. And I came first of all to commend them for their perseverance and to commend them for their forward-thinking prospects. I also want to commend this Board for following through on the promise that was made in that feasibility study. Meticulously financially planning, examining the public’s desire for improvements here, and evaluating the economic effect of this facility on the community at large. You are to be congratulated. I’m here really to urge that you continue the work that you are doing here. There were naysayers at the beginning and there are naysayers today. But I truly believe that as my mother used to say, “the proof of the pudding is in the eating”. What you see over here right now are baseball games being played. Over the weekend I am told there will be a tournament with 55 teams on this site and I am told it will be the second largest tournament of its kind in the northeast. We should be proud. We should be daring. And we should never ever forget the message that your predecessors adopted to begin with. If you build it, they will come. The proof is in the eating. Thank you very much. Supervisor Williams offered privilege of the floor to Robert Nasiatka. Robert Nasiatka, Varsity Baseball Coach for Homer High School stated the following: Robert Nasiatka: Members of the Board thank you for allowing a Homer coach to speak at your meeting. I would like to just thank the people who decided to put this together. The people who thought this was a great vision. For allowing other schools and other communities to be able to play down here. Last year we adopted this as our secondary home because we had nine games scheduled at Homer. We played one. Because of weather, because of circumstances with busing, because of timing we were it was better off playing here. Now we have adopted this, and this will be the varsity’s home field next year. You don’t understand, or many of you do and that’s probably why you are here, the feeling of awe when a team from Mexico comes down and we have played in Mexico, and its older fields, and its tough conditions, and they come down and they see this. And this is like playing at OCC or playing at one of the bigger complexes and a lot of these kids don’t get that experience and they finally get it here. So, I myself, Ben Albright we are spoiled to have this. And our goal is to not only represent this field very well, and I say that a lot of our success last year came from playing here. But also down the road when you have the other fields, I don’t know if anyone has ever been to a state tournament. We run the state tournament in girls’ soccer down here and it’s in four or five different areas. You will be able to run the state baseball tournament and the championships here in the future. And as a community the draw for hotels, business and everything that’s families, players all staying in town. I think it’s a very important prospect that the fields are continued. And I like the idea that I know the newer fields that are going to be built will also be softball, and I know, you know ironically we have our schedule for next year already and knowing what everyone knows about Central New York I’m supposed to play Mexico at Mexico on March 31st. I’m bring a snow blower. But we will have the option of saying hey these fields are clear come on it down here. We played the Coaches vs. Cancer tournament down here last year and the temperature was approximately 38 degrees with snow flurries. We wouldn’t have gotten it in anywhere else. So, the opportunities for all the local kids and the pride that everyone takes in this. You know my kids by the end of the year were calling this their home field. So, I know we are on a time basis but if you have any questions on playing here or whatever my email is, if you want to spell Nasiatka, is at Homer and I’d be happy to answer any. So. And thank you for the time. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 3 Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins read from a prepared statement as follows, which she provided to the Board along with additional documentation. Pamela Jenkins: Greetings everyone. My name is Pamela Jenkins. And by the way I am no stranger to baseball. I grew up with Whitey Fords sons Tommy and Eddie. And I went to school with them and spent many Saturdays at Yankee Stadium. But, before the Town Board moves ahead with agenda item I-8 here are some things you must consider. General Municipal Law 239 requires you to send this entire Gutchess Lumber Sports Complex project phase to the Cortland County Planning Department and Board for review and recommendations. You have not done that to date. It also required you to send it to the Cortlandville Planning Board. You have not done that to date. It is also required that you to send it to the ZBA and you have not done that to date. You have effectively excluded the public from participating in any decision-making for this project. Regarding parkland alienation, you can see, and it is absolutely clear from the documents I provided to you from the New York State Comptroller and the Office of Parks and Recreations that prior authorization by the New York State Legislature and the Governor’s signature is required before you can enter into any type of contract or management agreement with the for-profit PBR company which is based in the Midwest. Additionally, compliance with SEQR is also required. Twice, you submitted the Environmental Assessment Forms for a project or action which you called in your documents and which are in your packets “Gutchess Land Acquisition and Sale”. That was in February and June of 2017 but you never prepared SEQR documents for the project or action which would be called “Gutchess Lumber Sports Complex” or “Gutchess Park”. That document does not exist. Therefore, you have not complied with New York State Environmental Conservation Law 617. Again, those copies of documents are in your packet. Absolutely, there needs to be an analysis of the PBR management agreement and contract by an independent accountant who is also preferably a lawyer. I can give you a referral to an accountant attorney if you ask me for it. He has helped me out before. I FOIL requested and received the management agreement today. Here it is, about 17 pages, I think. This needs to be the subject of several public hearings. There needs to be a cost-benefit analysis. There has not been. An example the 2017 Market Feasibility Study uses a $12 per hour wage for a laborer, when on average the hourly wage for a Cortlandville laborer is $28 per hour not $12 per hour. They also used a medical professional’s wage at $25 per hour. I don’t know of any medical professionals who work for less than $50 to $100 per hour. Please see page 56 of the Market Feasibility Study. You have not informed the public that you intend to plunge Cortlandville into more multi-million dollars of long- term debt and that there is no chance that the revenues received by Cortlandville can cover the cost of financing the massive debt or the costs of labor, maintenance, replacement and equipment costs. So please, you must halt any further action on Gutchess Lumber Sports Complex until you can demonstrate to the taxpayers of this town that you are in compliance with the laws which you are sworn to uphold. Thank you. Supervisor Williams offered privilege of the floor to Robert Martin. Town resident, Robert Martin read from a prepared statement as follows, which he provided to the Town Clerk for the record. Robert Martin: Good evening. It’s nice to see so many people at a Town Board meeting. It would be great to have maybe not this much participation but maybe more participation by the community is certainly welcome. Nice to see John Proud and Greg Leach, former Town Board members here also. I also have not seen the contract until tonight just before this so my comments are based on the letter of intent that I had seen previously. Letter of Intent agreement with PBR. Target closing date is May 1, 2022 for all 4-field complex. Is this even possible? Is there a penalty for inability to meet that target date? I see there is some clauses in there related if you don’t have the fields prepared by that time. The term is 10 years with two 5-year renewal options at $230,000. I believe it has been reduced to $218,000 now. Does this account for inflation over 20 years? If you consider inflation at a low rate of 1.5% the annual amount at year 20 should be $309,000, not $230,000. Sponsorships and Advertising 50% to PBR. That just seems a little excessive. I think Cortlandville should get more of that. Little League. It’s great. I played little league. I don’t have the illustrious background of knowing Whitey Fords kids. I grew up in Cleveland Ohio. We haven’t won a world series in many, many years. But little league fields will need to be adjustable so that Little League teams can use them, or will they only be allowed to be used by PBR or other teams that use the full distance as far as the pitching. Pitcher’s mound to home plate is 46 ft for Little League, correct Ted? And 60.6 feet for baseball. Regulation distances between bases is 60 ft for Little League, versus 90 ft for PBR. Turf maintenance, again I think it’s been clarified in there, but it said a maintenance company will have the responsibility for fixing and maintaining. Who pays for this? AUGUST 4, 2021 TOWN BOARD MEETING PAGE 4 PBR or Cortlandville? I think it has been clarified that Cortlandville pays for that. What is the estimated cost for replacement in 8-10 years? Are funds being set aside? I understand looking at the contract that each PBR and the Town of Cortlandville is going to be putting in $15,000 a year into an escrow account. Who pays for Phase 2? Cortlandville residents through increased taxes? Cortlandville would get a small percentage of sales tax revenues. An article in the paper I think in 2019 we had $1.5 million dollars in revenue. I’m saying if $2,000,000 in revenue being generated, at 4% sales tax that our portion is. That is $80,000. Cortlandville’s share of that at 28.25%. So, we would get $22,600 out of that $2 million dollars revenue. Not even enough to cover the cost of one laborer’s salary. Is regional funding available? This does serve a region. Cortland County, Tompkins County, the City, Lansing, and Dryden. And donations for the general public. Could that be used for funding this. Phase 1 is estimated at $4.3 million dollars; it may be higher than that. This was based on a Cortland Standard article of 12/11/2020. The entire park is estimated was $18 million. This needs to be put on the ballot for a referendum. Alienation. Parkland alienation occurs when a municipality wishes to sell, lease, or discontinue use of municipal parkland. The Town must receive prior authorization from the New York State Office of Parks and Recreation in the form of legislation enacted by the New York State Legislature and signed by the Governor. If the town has accepted New York State funding, such as the $862,000 Empire State Development Grant, additional restrictions must be considered. New York State outlines a 10-step process to be followed when officials are considering a change of use in parkland. This includes notifying the public and involving, notifying the State’s Park Office. The core legal basis governing this law for parkland comes from the Common Law, “The Public Trust Doctrine.” Phase 2 construction. Consider other engineering firms besides Clough Harbour Associates. Generate an RFP and solicit bids from qualified engineering firms with experience dealing with athletic fields. For example, there is CPL in Binghamton, or design/build companies such as Clark Companies in Delhi. Look at multiple companies for turf materials, for example, Sports Turf Synthetics, A-Turf, or Field Turf. You want to have turf surface that meets the specific needs of baseball. A surface that replicates best ballparks, ball surface interaction and speed and consistency. These requirements may be different for Little League fields. Has the contract with CHA for proposal No. X69574 dated April 9, 2021 for $81,725 been signed? Recreation Commission. This was formed May 5, 2021. Their first meeting was yesterday, August 3rd. Have they been involved in the review and recommendations of Phase 2 and PBR? I recommend that you table the agenda item I-8. I’m done. Thank you. Supervisor Williams offered privilege of the floor to Jared Carrier. Jarred Carrier from PBR New York stated the following: Jared Carrier: Good evening members of the Board. Thank you for having me. If I’m a little scattered, it’s because we have an event tonight and I keep peeking over at my interns to make sure that they are following orders. So, hopefully they do. My name is Jared Carrier. I’m with Prep Baseball Report New York. Which is a division of Prep Baseball Report. Each state is basically their own entity and we are also separate from PBR Tournaments which the agreement is hopefully going to be with here moving forward adding additional fields. Quick background, but before I get into that I just want to thank John McNerney and Machell Phelps, Ben Albright, Joe Brown at Cortland State, the Town of Tully and TC3. All these groups have been instrumental in helping us not only run our annual events that we run here but also the tournaments that we started this summer. Actually, dating back to last October, once we were able to get up and running again post COVID. So, thank you. You guys have been a major help and we enjoy the relationship, and we hope that it continues going forward. Quick background, Prep Baseball Report New York is entering their sixth year. Year six of operation. The first four to five years we were mainly involved in renting out college campuses, high school facilities, private indoor facilities in the winter or the pre-season. All prior to COVID. Last summer when COVID struck, college campuses were no longer for rent. High school facilities were no longer in play, and thankfully the Town of Cortlandville and the City of Cortland came in. We put together a plan. A safe and effective plan that we were able to follow last summer and we were able to run literally all of our events from July 6th when recreational activities were allowed to resume through the end of October here in Cortland. So, it literally became our home, and the town has been very welcoming. I know when I talk to parents that arrive with their players, with their children, a lot of times they are just amazed at what a beautiful and scenic location this is. They ask us where to eat. They tell us where they are staying. I’ve got a few more places in town that I do need to eat at. So, I continue to take recommendations for myself that I can pass along to all the players that do attend our events. The reception from people all over the state has been phenomenal. We have teams that routinely go out to the end of Long Island to Baseball Heaven. Which is a four to five field complex. We have teams that go to Flemington, New Jersey which is an eight-field complex I believe at Diamond Nation. We have teams that go out to Staten Island and play on some subpar fields but sell out AUGUST 4, 2021 TOWN BOARD MEETING PAGE 5 their tournaments. And every single one of those teams that have been up here, and I have had discussions with, are absolutely in awe of the scenery, the cleanliness, and the friendliness that the County of Cortland has provided them. So, to those in attendance thank you for that as well because it is being recognized all over the state. To where teams from Westchester, Rockland County or Long Island are more likely to drive four hours to be here than they are two to two and a half hours to be elsewhere. That’s something to be said about what’s happening here. What we have now, we run yearly events here. We have our New York State Games, which is 500 players from all across the state. That was held at the end of June. We have done that annually and we hope to continue to keep that here going forward. We run additional events. Tonight is just a smaller event of 15 to 20 players. That is a prelude to the tournament that is being held here this weekend, which will have 55 teams which was mentioned before. Those teams ranging from Delaware, Pennsylvania, New Jersey. This weekend, last weekend or two weeks ago we had a team from Virginia near the Washington D.C. area. Three weeks prior week had a team from Providence, Rhode Island. So, the stretch is five to six hours and we hope to continue to push that envelope and get teams beyond that but also Canada once the boarders do open up. One thing I can speak on and I’m not privy to the numbers and the contracts being just at the state level, but I know that there are 700 night of hotel rooms booked this weekend in Cortland County and Tompkins County. I actually stayed in Ithaca last weekend. I know that the trickle-down effect is astronomical. I’m not going to sit up here and give you a number but when I personally experience it at our national facility which I just got back from two days ago in Georgia my wallet was hurting. All right. Between me and my daughters. So, a family of four to five are more than likely coming here to spend their money and help that economic impact. I know the buzzer rang. I probably have a little bit more. I would invite everyone to pull into this parking lot midday tomorrow to get a real feel of what it is like and what it hopefully will continue to be like. Thank you. At this time the Board proceeded with new business items on the agenda. Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file the monthly report of the Town Clerk for the month of July 2021. All voting aye, the motion was carried. Attorney DelVecchio explained that the Town Board was not ready to act on the proposed Local Law to “Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments”. While the Town was in receipt of the County Planning Board’s Recommendations, the Town Planning Board has not completed its review. He suggested the Board table the matter until the first Board meeting in September. RESOLUTION #221 TABLE ACTION ON THE PROPOSED LOCAL LAW OF 2021, “A LOCAL LAW TO AMEND THE ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS WITHIN THE TOWN OF CORTLANDVILLE’S AQUIFER PROTECTION DISTRICT AND OTHER RELATED AMENDMENTS” UNTIL SEPTEMBER 1, 2021 Motion by Councilman Cobb Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby tables action on the proposed Local Law of 2021, “A Local Law to Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments” until September 1, 2021 Town Board Meeting to allow time for the Town Planning Board to complete its review of the proposed local law. Councilman Guido made a motion, seconded by Councilman Withey, to receive and file correspondence from New York State Homes and Community Renewal, dated July 26, 2021, regarding the Budget Modification Approval for the Town of Cortlandville’s Town-Wide Housing Rehabilitation Grant Program (CDBG #287HR323-19). All voting aye, the motion was carried. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 6 RESOLUTION #222 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE TOWN-WIDE HOUSING REHABILITATION GRANT PROGRAM CDBG #287HR323-19 Motion by Councilman Guido Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED the Town Board does hereby authorize approval of payment for the following regarding the Town-Wide Housing Rehabilitation Grant Program - CDBG #287HR323-19: Empire Construction of CNY, LLC – $11,225.00 (Homza) Councilman Guido made a motion, seconded by Councilman Withey, to receive and file correspondence from New York State Homes and Community Renewal, dated July 29, 2021, regarding the Grant Agreement Completion Notice for the Town of Cortlandville’s Town-Wide Housing Rehabilitation Grant Program (CDBG #287HR323-19), effective August 31, 2021. All voting aye, the motion was carried. RESOLUTION #223 AUTHORIZE PAYMENT APPLICATION NO. 4 – FINAL PAYMENT, SUBMITTED BY G. DEVINCENTIS & SON CONSTRUCTION COMPANY, INC. FOR THE TOWN OF CORTLANDVILLE MISCELLANEOUS WATER AND SEWER IMPROVEMENTS PROJECT 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 and direct the Supervisor to execute Payment Application No. 4 – Final Payment, as recommended by CHA for the Town of Cortlandville Miscellaneous Water and Sewer Improvements Project, for payment in the amount of $44,240.50 to G. DeVincentis & Son Construction Company, Inc., to reflect work completed to date ($612,920.00) minus the previous applications for payment ($568,679.50), which is the final payment and release of the remaining funds. RESOLUTION #224 AUTHORIZE CHANGE ORDER NO. 3 SUBMITTED BY G. DEVINCENTIS & SON CONSTRUCTION COMPANY, INC. FOR THE TOWN OF CORTLANDVILLE MISCELLANEOUS WATER AND SEWER IMPROVEMENTS PROJECT 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 and direct the Supervisor to execute Change Order No. 3 from G. DeVincentis & Son Construction Company, Inc. for the Town of Cortlandville Miscellaneous Water and Sewer Improvements Project, decreasing the total cost of the project by $6,120.00 to account for the final quantity adjustments for the Hillside Drive #8 sanitary sewer pipes. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 7 RESOLUTION #225 AUTHORIZE SALARY AND BENEFITS FOR AMY H. KEEFE AS AN APPOINTED DEPUTY COURT CLERK FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, a vacancy will occur in the office of the Town Justice for a Deputy Court Clerk position, and WHEREAS, Town Justice LeFevre and Town Justice Mathey have appointed Amy H. Keefe of 5 Westfield Park, Cortland, New York to the position of Deputy Court Clerk for the Town of Cortlandville, to be effective August 16, 2021, therefore BE IT RESOLVED, the Town Board does hereby agree to and authorize the salary of $38,000 along with full-time benefits, and it is further RESOLVED, the appointment of Amy H. Keefe as Deputy Court Clerk is hereby acknowledged. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file correspondence from Town resident, William Locke, dated July 26, 2021, commenting on the quality and efficiency of our Town Highway Department while blacktopping Cedar Crest Drive and surrounding neighborhood roads. All voting aye, the motion was carried. Supervisor Williams and members of the Board acknowledged and applauded Highway Sup’t. Drach and his employees for their outstanding work. Under new business, Town Clerk Rocco-Petrella apprised the Board she received notification from Cortlanes Inc. and Route 281 Bowl Inc. regarding their intent to renew their liquor licenses. She requested the Board receive and file the official notices. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file the “Standardized Notice Form for Providing 30-day Advance Notice to a Local Municipality or Community Board” for renewal of a liquor license with the New York State Liquor Authority from Cortlanes Inc., dated July 28, 2021, for property located at 928 Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file the “Standardized Notice Form for Providing 30-day Advance Notice to a Local Municipality or Community Board” for renewal of a liquor license with the New York State Liquor Authority from 281 Bowl Inc., dated July 27, 2021, for property located at 3898 Route 281 in the Town of Cortlandville. All voting aye, the motion was carried. RESOLUTION #226 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENT Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petition from Benderson-Cortland Associates, for property located off Route 281 in the Town of Cortlandville, tax map #86.17-01-08.110, regarding their current assessed valuation of real property. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 8 Supervisor Williams reported: Supervisor Williams recognized New York State Senator, Peter Oberacker who was in attendance and asked if he would like to make any comments. Peter Oberacker, NYS Senator, 51st District: Thank you! And good evening everyone. I am State Senator Peter Oberacker. I’m your Senator. Let me say first off, I do feel the pain from the coach from Homer. With the last name of Oberacker it has been mispronounced more times than I care. It kind of looks intimidating but at the end of the day it’s not too bad. So coach, I feel your pain so to speak. Listen, I want to thank everybody for coming out. I want to thank our Supervisor, Tom, and the Town Board here. You guys do an amazing job and I want to thank you for your service. It’s really at this level that we start to see government actually working and getting things done so I want to say thank you to them and thank you for coming out. Just a couple of quick words. I’m an ex-baseball player. I don’t play anymore. Supervisor Williams: But you could if you wanted to. Senator Oberacker: Supervisor I would sure give it a try on these fields I can tell you that. I mean I’m not used to playing on such nice, groomed field as this which is just an amazing accomplishment. For me, little league, we called it pony league at the time way back then. I played high school ball and I also played collegiate ball. And I’m telling you, the lessons that I learned, the teamwork that it instilled in me, is a prime reason why I am here today in front of you as your Senator. I really believe that. I think those lessons that are taught and learned on those fields cannot be overrated. And especially today, coming out of where we are coming out of, with COVID, and with just things in general. I think this right here is truly good medicine. One of the things I said on the Senate floor when I was proposing a bill that would make baseball the official sport of New York. I was fortunate enough to carry this bill from my predecessor Jim Seward. He started it. And it actually started in Cooperstown, where the Baseball Hall of Fame is located, from a teacher, a fourth-grade teacher, Anne Reese and her fourth-grade class. And they actually researched all of the items in New York that are official. The official reptile is the snapping turtle and so on and so forth. And New York did not have an official sport. And at that time, they suggested, the fourth-grade class suggested, that we make baseball our state sport. It wasn’t fortunate enough to make its way through. When I was looking at the bills that were left over from my Senator, as I still call Senator James Seward to this day, my predecessor. I said ‘Jim, I’m going to carry that bill’. I said, ‘I think it’s a feel-good bill. I think that we really at this time need something along that line.’ And we did. We passed it in the Senate. It passed in the Assembly. And it was signed into law this past Friday. So, baseball is our state sport. And back in on the floor I said baseball is a living, breathing force of nature and I believe that truly to this day. I do believe that to this day. So, I was kind of glad that I didn’t have the timer going… but I think I’m going to stop right there. Except I’m going to leave you with this thought. I did a lot of traveling in my business career in the far east and there was a saying in the far east that I had with some of my business colleagues. And it was kind of a philosophical saying or phrase I guess you would say. And it goes like this. ‘When the winds of change blow, some build walls, others build windmills.’ I think you guys are building windmills. Good job. Thank you. Supervisor Williams and those in attendance thanked Senator Oberacker. Supervisor Williams: John has an addendum to add to his, whatever, he wants to say. John Folmer: I believe I still have thirty-seconds left. … I want to correct one thing. It has been suggested here that the State Legislature and the Governor did not approve the land deal with Gutchess Lumber. That is inaccurate. The Assembly passed it with the help of former Assemblywoman Barbara Lifton. The Senate passed it with the help of Senator James Seward. Governor Cuomo in more pleasant days signed that into law and Mr. DelVecchio can provide anyone that wants it with the citation. Thank you. Supervisor Williams drew attention to the new playground at the Gutchess Lumber Sports Complex, which he stated was being used frequently and was appreciated by the children. Supervisor Williams noted the absence of former Supervisor Richard Tupper who was unable to attend the meeting and was apologetic for not being here. Supervisor Williams acknowledged Machell Phelps, Director of the Cortland Regional Sports Council to talk about the Gutchess Lumber Sports Complex. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 9 Machell Phelps addressed the Board as follows. Machell Phelps: Good evening. I am Machell Phelps and I am the Director of the Cortland Regional Sports Council and it’s been my pleasure for the last 16 years to bring sports to this community. Strictly for the economic benefit. So, what I’m going to speak to you tonight, besides the park being such a great place, is what it means to the community. And so, I just have two numbers I want to throw at you. One of them is the economic impact. We keep track of the economic impact every single year based on the events that we have here. And we are able to track this because I know how many people stay here and I know how many people buy tickets to different events. It’s not an exact science but I’m pretty comfortable with the numbers. So, the six events so far that PBR has had out here this year has generated $1.3 million in economic impact for Cortland. The return on the investment. I got numbers from the Town. I figured out what the expenses have been. The return on the investment is 256% as it stands right now. I have a couple of testimonials I want to read. These are people that gave these to me to read tonight and so I want to do this quickly. The first is from Ben Albright who is the Cortland High School Baseball Coach. “The fields have been a huge asset for us locally at the high school level to allow us to get our games played throughout the spring. We are fortunate to have them available to us. … As a coach for the Cortland Crush, I can tell you that this has been the ultimate draw to get travel teams to play us and for hosting tournaments locally as well. Any time I call a coach to play, they first ask me to see if the turf is available and if they are going to be able to play us at GLSC or under the lights at GLSC. From people all over the state and country are talking about Cortland and their trips to Cortland, NY. We just completed a trip to Georgia for a National PBR Futures Games competition with his son and the parents of many baseball players were buzzing about how great our Complex is and how they would be returning to Cortland the following weekend as well as later this summer. These conversations were occurring in Cartersville, Georgia - a long ways from Cortland, NY. I can’t imagine the economic impact that this relationship has garnered.” I also have something from Tammy Timmerman, who is the President of Cortland County Tavern and Restaurant Association. She couldn’t be here tonight as she runs Willowbrook Golf Course and so she had leagues going on so she couldn’t get out here. “First, I apologize for being unable to attend tonight’s very important Town of Cortlandville meeting. I am writing to urge you to support the expansion of the Gutchess Park Baseball Fields and to sign the contract with the PBR organization. As you are aware, the past 15 months have been extremely difficult for the restaurants, bars and hotels in Cortland County. It has only been during the last three months that we have seen an upswing in our local business. This is due in part to the PBR events that have been held at Gutchess Park. Our restaurants have seen many of these visitors supporting them. A couple weekends ago our hotels were full and our restaurants were booming. Something that has not happened in a long time for this community. Two of our local businesses have also been providing catering to these groups at our local hotels. At Willowbrook, we have even seen many of the fathers coming out to playing golf when the kids do not have a game. These visitors are not only supporting our restaurants but our hotels, grocery stores and gas stations. The influx of sales and occupancy tax dollars that we will see in Cortland County during the summer months is a win-win for all of those involved. I strongly urge you to vote yes and to sign into an agreement with PBR. Respectfully, Tammy Timmerman.” From Robby Petrella who is the owner of Brix in Downtown Cortland. “The baseball tournaments and other events that the Cortland Regional Sports Council has organized have had a massive impact on our business at Brix. This is our 11th year in historic Downtown Cortland, and this is by far our most successful summer to date. Specifically, the PBR tournaments are bringing many players, coaches and spectators to our community and giving us an opportunity to showcase what makes us unique. We have quickly built relationships with players, coaches and parents and we are even seeing repeat customers. Personally, I am grateful that the Gutchess fields and the sports council have partnered to create a mini- tournament-mecca in Cortland. Traditionally summers have been very quiet and business plummets when SUNY Cortland leaves for summer recess. Currently our AUGUST 4, 2021 TOWN BOARD MEETING PAGE 10 weekly gross sales are at the same level and some weeks are even higher than when SUNY classes are in session.” From Theresa Wilson the General Manager at the Holiday Inn Express. “There is an uptick in revenue. We have sold double the number of rooms in July 2021 compared to July 2020. So far, the tournaments in June and July produced 170 room nights with us alone. This weekend, and this was a few weeks ago I have 180 room nights booked due to the PBR tournament. They are taking just about the entire hotel for three nights. To me, it has generated a feeling of normalcy. That maybe we are over Covid, finally. Lots of people, coming in and going. Regular breakfast is being served. Never really thought that I would be so excited about normal.” Then lastly from Garry VanGorder who unfortunately had to leave town today. He is the Executive Director of the Cortland Business Development Corporation and the President of my Board. “I’m sorry that I couldn’t be here this evening but wanted to express my enthusiastic support for the Town as it works to expand what is already a phenomenal facility at Gutchess Lumber Sports Complex into a major northeastern sports tourism destination. Make no mistake, sports tourism is economic development, driving, spending at hotels, restaurants, grocery stores, and gas stations and contributing significantly to sales and occupancy tax collections, job creation and capital investment. The growth of the facility is incredibly exciting, and its success will have meaningful impact across our county for years to come. I can’t give enough credit to the town leaders past and present who’ve had the vision and tenacity to make this happen. I’m grateful for the new and growing partnership with Prep Baseball Report as we brand the facility as a ‘must visit’ for aspiring young ballplayers, their coaches, and their families. My 11 years at the BDC/IDA has been marked with some milestone achievements, but few have given me a greater sense of satisfaction than seeing our own field of dreams rise out of a South Cortland cornfield. Respectfully, Garry VanGorder.” So, it’s important that you hear those words directly from people in our community who benefit from these people coming into Cortland. These are our restaurant owners. These are our hotel general managers. These are people that deal with business on a daily basis. And lastly, I like to take a minute just to thank Ted Testa and Dick Tupper for their vision for this sports complex and also to Tom Williams for continuing to carry this forward. Thank You. Supervisor Williams acknowledged John McNerney, part-time Cortlandville Recreation Director and Director of the Cortland City Youth Bureau. John McNerney addressed the Board as follows: John McNerney: Good evening. Before I do that I would like to recognize, thank you Tom, recognize Bill McConnell from the Cortland Crush and for folks that don’t know they won the New York Collegiate Baseball League Championship this past weekend. And I know Bill has been, he’s been a huge part of the local baseball scene in recent years and he puts a lot of hard work and dedication into what he does in mentoring a lot of young men. So, congratulations. Good evening. My name is John McNerney. As Tom mentioned I’m the Director of the Cortland City Youth Bureau and help manage this facility here. I’d like to give you a little bit of my background. Like John I’m speaking personally. This has nothing to do with the Town Board. These are my feelings. I earned a Bachelor’s in Science and Education/Recreation Management from SUNY Cortland back in the late 1980s. On August 28th of this month, I will be completing my 33rd year of employment with the City Youth Bureau; 23 as the Director. I have a large role in the supervision of youth sports, adult sports and parks both the City of Cortland and the Town of Cortlandville. I have served on the Cortland Regional Sports Council Board. I have served on the YMCA Board, the JM McDonald Sports Complex Board, the Crown City Little League Board and the Central New York Parks and Recreation Board. Based on those experiences I feel I can speak about the effects that Gutchess Lumber Sports Complex is currently having on the community and the positive future impact it will have. Not only at the Town of Cortlandville but the County in general. I see it as a winning combination. When I reflect about this project, let me share my personal thoughts and outline a few things. A few reasons why I feel Gutchess Lumber will be a positive asset and potentially change this community in the future. The combination of park development that community members will benefit from this facility as well as sports tourism. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 11 That’s a winning combination. What parent or grandparent wouldn’t want their kids playing at this facility? It’s top notch and is considered already one of the best in the state. Athletics, as the Senator mentioned is critical to youth development. I’d rather see hundreds of kids playing out here this evening than sitting in front of the TV. Machell talked about the economic benefits. I don’t have to get into that. We are very grateful for the generosity of the Gutchess family. To do a land swap of 9 acres for 100 acres of prime real estate and give that land swap to a municipality. More importantly the Town has kept a critical employer in Cortland. That’s a winning combination. When I talk to colleagues about this development the number one question, they ask me, other Rec Directors from around the state, how did you get 100 acres of land. We are blessed to have it. I’m glad the Town didn’t take my word on this development. They hired a Market Feasibility specialist to provide data on why such a facility like this would work in Cortland. Some of the key points were location. We are centrally located in the state. Travel teams whether it’s soccer, baseball, or softball they will travel within a four-hour radius of a complex and the data shows that. If you look at the teams that are coming here this weekend most of them fall within that four-hour radius. There is no other competition or mega complex in the northeast currently that we compete with. Read the report it has some outstanding information on why this facility will work. New York State Grant Funding. The New York State Parks Recreation Historic Preservation has funded part of this project and development in Phase 1. It’s very competitive funding. It took me four years to get funding for Wickwire Pool. The State likes this project and we are going to continue to go after funding for it. The fact that national leader, you heard Jared Carrier speak during public comment. The fact that a national leader in athletics, Prep Baseball Report wants to call Cortland its northeast home is an amazing feat. They have complexes in Atlanta, Kansas City, Indiana and they have been looking for a place somewhere in the northeast. We’ve kept this a secret from Cooperstown and Syracuse. Another winning combination. Gender Equality. Over the course of the last three seasons I have witnessed thousands and thousands of boys enter this facility to play baseball. If we build two more fields they are going to be versatile enough that we are going to be able to play softball here. And I look forward to the day that thousands of girls will enter this facility to play softball. A winning combination. We have mentioned the partnerships and everybody that has been on board with this project and the support that they are showing to the Town. Cortland County leadership, Paul Heider, he has talked to me on a number of occasions about the impact of this facility and always wanting to learn more. Me, Machell Phelps and Garry VanGorder gave a presentation to I believe his finance committee. It was very well received and he told us to continue the good work. The City of Cortland. I work for the Mayor. The fact that I am here tonight and allows us to manage this facility, they support that. Mayor Tobin serves on the Cortland Regional Sports Council board and has been very supportive of sports tourism. The Business Development Corporation, Cortland High School, Homer High School Athletic Departments, SUNY Cortland Athletic Department, SUNY Cortland Recreational Sports and TC3 Athletics. I commend the Town leadership for thinking outside the box. This is all winning partnerships. I have attended many meetings about the future expansion with Town of Cortlandville leadership. Trust me they do not want this to be a tax burden on the town residents. The focus has been on creating a revenue neutral agreement. As far as this weekend, I have probably gone over my five minutes, but I have to mention what is happening here this weekend. Just to give you a quick snapshot that is starting tomorrow and going through Sunday. The largest baseball tournament on the East Coast with the exception of one tournament in Florida. It’s 55 teams. This tournament was sold out two months ago. I think they have close to 20 teams that wanted to get into this tournament that are on a waiting list. Where are they coming from? Thirty- eight teams from New York State all across our state down to Long Island to Western New York and everything in between; 9 Pennsylvania teams; 2 New Jersey teams; 1 from Delaware; and I’m not sure if the team from Canada was able to cross the border but they had registered and signed up. Where are they playing? All over Cortland County. Obviously, here. Gregs Field, in the City at Beaudry Park, SUNY Cortland, TC3 and SUNY Binghamton. The fact that teams are traveling to Binghamton, if we had two additional fields here, we would capture them. They would be spending their entire weekend here in Cortland. These are the reasons I personally feel this land we are standing on today has the potential to have a lasting impact on Cortland for generations to come. I encourage anyone that questions this development to watch a YouTube video. It’s called “Sports Inc.”. It’s about a 15-minute documentary that HBO put out and it may change your mind. Thank you. Supervisor Williams thanked Mr. McNerney for his comments. Supervisor Williams commented that what we are dealing with, with PBR is baseball, but is also the financial driver of the park. Beyond baseball, the most requested item for the park has been pickleball. He explained that the Town was actively pursuing the addition of a bocce court, a pickleball court, and horseshoe pits for use by the public in an area that would not interfere with the baseball operations. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 12 Attorney DelVecchio Reported: EDF Renewables – Article 10 Solar Application – Intervener Funds: Attorney DelVecchio commented on the 90 MW solar application submitted by EDF Renewables for a large-scale solar project in the towns of Homer, Cortlandville and Solon. As the Board was aware, the Town is in possession of Intervenor Funds, which are funds that can be utilized to intervene before the approval process. EDF Renewables formally filed a Section 94 -c permit application with the State for the project. Part of the process includes part 2 of the Intervenor funds in which $90,000 will be available for the application phase and the review of the project. Attorney DelVecchio explained that he was in contact with Stephen LeFevre from Barton & Loguidice (B&L) who was interested in assisting the Town(s) with the application for the $90,000 Intervenor Funds. The application for funding was due by August 23, 2021. With Town Board approval, B&L would make the application on the Town’s behalf. In addition, B&L estimated that $25,000 of the Intervenor Funds would go directly to B&L for their professional services. Councilman Withey asked what the Intervenor Funds would be used for and whether the Town’s Solar Law would be followed. Attorney DelVecchio explained that the funds, which are paid for by the applicant, could be used for anything professional. The Town’s Solar Law does not apply to the 90 MW (Article 10) solar application. RESOLUTION #227 AUTHORIZE SUPERVISOR TO SIGN THE ENGINEERING SERVICES PROPOSAL FROM BARTON & LOGUIDICE, D.P.C TO ASSIST THE TOWN OF CORTLANDVILLE WITH REGARD TO THE 90-MEGAWATT SOLAR FACILITY PROPOSED BY EDF RENEWABLES 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 authorize and direct the Supervisor to sign the Engineering Services Proposal with Barton & Loguidice, D.P.C. to assist the Town of Cortlandville with engineering services to review and evaluate the potential environmental impact, engineering, and socio-economic impacts associated with the construction and operation of the 90- megawatt (MW) photovoltaic (PV) solar energy generation facility proposed by EDF Renewables Development Inc. (EDF Renewables), at a cost not to exceed $25,000.00, and it is further RESOLVED, Barton & Loguidice, D.P.C. shall assist the Town with the submission of the request for “Intervenor Funds” for local agency funding (up to $90,000) by August 23, 2021. Proposed Contract with PBR Tournaments, LLC: Attorney DelVecchio outlined the highlights and the terms and conditions of the Town of Cortlandville Management Agreement with PBR Tournaments NY, LLC for the Gutchess Lumber Sports Complex, as circulated to the Board members and available to the public at the meeting, as follows: Attorney DelVecchio: Alright, on to the main order of business tonight. The proposed contract with PBR. I am just going to briefly outline the major highlights, terms and conditions of the agreement that is proposed. As you all know I have circulated this document to you prior to this meeting. We have had as you know several, several, several discussions about the logistics, about this potential arrangement, and it’s now before you in black and white. This proposed contract has been reviewed up and down, left, and right by myself. I have worked on it with several attorneys from PBR for many, I don’t want to say many months, but I have worked on it for quite a while. And in my opinion as legal counsel to the Town, it is a very good agreement legally for the Town. Let me highlight those provisions. First of all, as to the operational aspect of the agreement, PBR will manage the scheduling and who plays games and events at these, well two fields now, but in the future four fields, year-round. However, the agreement requires and mandates that PBR will allow the local organizations and teams to play their games at this site. Those local teams include the Cortland Crush, Bill Mconnell is here. By the way, the Cortland Crush, according to the terms AUGUST 4, 2021 TOWN BOARD MEETING PAGE 13 of the agreement will be allowed 18 home games. I believe Mr. McConnell that the Cortland Crush played 18 home games this year. So, that will be a, at least a minimum that they’re allowed to play here. The Cortland Jr. Crush will be allowed to play here. The Cortland High School will be allowed to play here. The Homer High School will be allowed to play here and the little leagues will be allowed to play here, pursuant to the terms of this proposed agreement. As far as the income streams, who will get what money. PBR will receive all the generated money from PBR held events. The Town however, will receive all income associated with those local organizations and teams that I described. PBR will pay the Town on a monthly basis, of $18,166.67. That is $218,000.00 a year for the first 10 years, it’s a 10-year term. That is $2,180,000.00. If PBR exercises its option for the additional five-year period that will total the contract amount to $3,270,000.00, and if this arrangement lasts for 20 years it will be $4,360,000.00. Part of the proposed agreement includes who will control the concessions, all the food, food and drink everything here. The Town will maintain that control. The Town will receive all income associated with whatever happens with the food. As far as naming rights, donations and sponsorships. Any donations that are made by anybody will be retained by the Town. The Town will also retain the naming rights that are not associated with marketing advertising, marketing advertising associated with just the baseball fields. So, it’s very important for the Board members to understand that this proposed agreement only governs the baseball aspect of this park. As far as any other sponsorships and naming rights the Town and PBR will equally split any and all revenue generated by the sponsorship and naming rights associated with the marketing and advertising, again pertaining to the baseball fields only. The term of the agreement is 10 years, two separate five-year options to renew. Twenty years total. An important aspect of this agreement is that the Town will be obligated to construct two additional baseball fields. Those baseball fields will look somewhat different than what you see here. The infields will be turf. The outfields will be grass. It has also been worked out that PBR, who has extensive experience in the building aspects of constructing fields, they will serve as a consultant, if you will, or an advisor to the Town. To help the Town save as much money as possible while keeping this place as state of the art as it is today. It is estimated that the construction of the two additional fields and the additional parking which definitely will be necessary will be approximately $750,000 to $1 million. The contract requires that both parties deposit $15,000 a year into an escrow fund, which will be utilized. That’s $30,000 a year total, which will be utilized for repair and replacement of the turf. That’s it, for that money. As far as maintenance is concerned the Town will be responsible for all maintenance associated with the fields. It’s very, very important for this Board and everybody here to understand that the agreement only governs the management of the baseball fields. I have said that three times, or four times now. The baseball fields consist of approximately 10 acres of this wonderful property. There is going to be 90 acres left that the Town hopefully will have future plans for. As our Supervisor has indicated the Town has formalized plans to construct several amenities and fields for other recreational uses which will be open to the public at all times. Those are the major highlights of the deal. I’d also let the Board members know that Ken Kocher, the President and Majority Owner of PBR, called me the other night from his private plane and told me that he signed the agreement and I have it here with me today. We have also provided and I think and given availability to the public some of the numbers with respect to the bond anticipation note that the Town initially has the obligation to repay. Approximately per year, depending on how that bond anticipation note goes in the future, the Town pays around $225,000 a year currently. As I laid out before the annual payment from PBR will be $218,000 a year. The generated income from the five local organizations, as I understand it, will be anther $20,000 or so a year. As I have indicated the Town will generate further income from concessions and other things. Those are the main terms for your consideration. At this time I’d ask for a motion to enter into this proposed agreement with the understanding that all Town Board members including the Supervisor execute the agreement and make the agreement subject to a permissive referendum. Councilman Guido: I’ll make the motion that authorizes the Supervisor and the Town Board members to sign the agreement between the Town and Prep Baseball Report. Supervisor Williams: Do we have a second? Councilman Cobb: I’ll second that. Supervisor Williams: Thank you Jay. Discussion? Councilman Withey: Yes. … John and I talked about parkland alienation and I would say that we aren’t totally in agreement on that, but I have read the document and so on. And as it was mentioned earlier there tonight when the public addressed it, I have a concern that has not been addressed yet. And I’d like to see that addressed. Basically the State says any change for activities here, like leasing or renting requires State approval and has to be signed off on by the Governor. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 14 As I read it. The second one that I have been looking for is a cost-benefit analysis. Now I have heard the numbers here tonight. They sound very, very good okay but they haven’t been rattled out and put on paper so that it’s an understandable revenue source and expense source. And that is something else I would like to see. Now I whole heartedly agree, this is a beautiful, beautiful complex. Alright, we are fortunate to have it. We are fortunate to have the influx of people coming in here and seeing our economic development grow. And there is no doubt about it. And Machell has touted the numbers for a year now. And very, very impressive. I don’t have a problem with that. I am leery going into a contract without parkland alienation being resolved. If we have a contract and the state says nah, we don’t agree with it. We don’t want to see the change or whatever. And I would hope that wouldn’t be the case, but I have a concern there. The cost- benefit analysis came out of another problem that the Town had couple years ago and the State Comptroller’s Office says the Town needs to do a cost-benefit analysis. That hasn’t been done either. So, these are a couple things. I am not opposed to the building I am opposed that the process hasn’t been done so we know what our solid footing is on this project. And so, I have some concerns there. But as Ted Testa can explain, I was here for the ground-breaking which was a brand-new thing for me about four years ago. And along with that, Ted inspired me so much with his enthusiasm, I bought into Ted’s dream and donated $2,500 towards that. Okay. And so, I proved myself up front that I am in favor of this. But I am a procedural fanatic, and these things have to be done. So with that, I’ll pass this back. Attorney DelVecchio: So, Mr. Withey ... So, Mr. Withey I will respond to your comments very briefly. As far as alienation is concerned, I am very, very informed of the legal principle. I have done extensive research on the topic. We have had extensive conversations about it. At this time as you know, legally I am comfortable with moving this agreement forward. Based on that research and those discussions I am fully prepared as Town Attorney to defend my position, my legal opinion about it. It’s a complicated legal principle that is derived not by the Statutory Law of New York State, it is derived by Common Law. Yes, there is a potential approval by our State Legislature that could be involved, but I say could very sharply. And because of that I feel comfortable legally moving this contract forward. As far as your second concern. I am not aware of any cost-benefit analysis that is required, legal cost-benefit analysis that is required in this scenario. You refer to a Comptroller issue that occurred in the Town, I don’t know when. That issue involved town action with respect to private property. This is not private property this is town property and that is all I have to say about that. Supervisor Williams: Alright does anyone else wish to make comment? If not, I’ll call the question. All those in favor of going forward with this? Supervisor Williams: Aye Councilman Cobb: Aye Councilman Guido: Aye Councilman Testa: Aye Councilman Withey: Nay Supervisor Williams: Thank you. It was four to one. We are going to do something a little differently here. We are going to circulate the signatory sheet for the contract. Everybody is going to get a brand new pen and they can sign in the appropriate spot. And the pen is theirs. I am going to give my pen to Dick Tupper who I feel really deserves to be signing this. We can do with the pens as you want. … RESOLUTION #228 AUTHORIZE TOWN OF CORTLANDVILLE TO ENTER INTO A MANAGEMENT AGREEMENT WITH PBR TOURNAMENTS NY, LLC (“PBRT”) TO ALLOW PBRT TO MANAGE FOUR BASEBALL FIELDS AT THE GUTCHESS LUMBER SPORTS COMPLEX SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey ADOPTED AUGUST 4, 2021 TOWN BOARD MEETING PAGE 15 BE IT RESOLVED, the Town Board does hereby authorize and direct the Town of Cortlandville to enter into a Management Agreement with PBR Tournaments NY, LLC (“PBRT”) to allow PBRT to manage four (4), (two of which are already built) baseball fields at the "Gutchess Lumber Sports Complex" located at 3111 Byrne Hollow Crossing in the Town of Cortlandville, County of Cortland and State of New York, tax map #105.00-04-02.200, for a monthly license fee of $18,166.67 ($218,000 annually) for a period of ten (10) years with the option of extending the terms for two additional terms of five (5) years each, and it is further RESOLVED, the Supervisor is hereby authorized to execute the said agreement, and it is further RESOLVED, the Town Board Members may choose to sign the said agreement along with the Town Attorney with the understanding that the signatures of the Town Board Members and Town Attorney will only serve as symbolic, and it is further RESOLVED, this resolution is adopted subject to Permissive Referendum. At this time the contract was circulated for signatures. The public applauded the Board afterwards. Supervisor Williams: Now. Attorney DelVecchio spent time recognizing various people here. I would be remiss if I did not recognize him. He has carried the water bucket on this project. I know he has done countless hours of research. I would be getting emails that he would be sending out at two in the morning and then again at four in the morning. So, I think we owe him a round of applause. Normally at this point I would say we stand adjourned, but I am going to depart from that as well. Play ball! Attorney DelVecchio: Before everybody goes, I just want to say a couple things if that’s okay. … I appreciate everyone coming here today. I really do. Everybody is aware of the Academy Award nominated film back in 1989, Field of Dreams. When I first came to this park, I was a baseball player growing up and I was a good baseball player. I played on all the good teams. And I first came here, and immediately when I saw the place, that “if you build it, they will come” as Mr. Folmer indicated came to mind. Anybody Yankees fans here? If you’ve noticed on TV they’re advertising a game that’s going to be played on August 13th. Couple of weeks, week and a half. That game is going to be played against the Chicago White Sox at the exact field in Dyersville, Iowa that was in that movie. A week and a half. Imagine Mr. Testa if we can get the Yankees to come here in the next 20 years. … Anyway, there’s a lot of parallels from that movie. That field was built in a very rural place. I consider Cortland a rural place. Everybody here is standing on ground that used to be cornstalks. Also, that movie, there is a lot of sort of risk/reward. If you remember the guy who built the field, his house was in foreclosure and he was trying to figure out whether or not to move the field forward or not. And he took a chance and that chance paid off. But that movie is a little bit more about baseball and those type of things. That movie is about families. That movie is about friends. That movie is about people coming together and having a good time watching baseball. All that stuff is happening at this park. I read something the other day that was pretty cool. In 2017, basically when the park came to fruition, the Library of Congress chose the movie Field of Dreams to be selected for the preservation in the film registry and coined it as, I think, the top 25 culturally or historically, and aesthetically significant movies of all time. It’s pretty fitting. In order to make really good things happen you gotta have many things. You gotta have good ideas. You gotta have hard work. You gotta have dedication. You gotta have leadership. And, most of all with something like this you gotta have people that care. The people, Town of Cortlandville, they care. They care. I see it every day. I have the privilege of walking around Town Hall and seeing people care. People care about tourism. They care about culture. They care about friends. They care about our businesses. They care about our jobs. They care about our community. They care about our future. And speaking of people that care about our community I definitely want to take a couple minutes to publicly acknowledge the family and the business that this place is named after. The Gutchess Lumber business is one of the best, if not the best, businesses here in Cortland County. The Gutchess family is known for its generosity and contributions to our community. They’ve done it for decades. None of this would have happened without the Gutchess family and Gutchess Lumber. I just want to take this opportunity to recognize some folks from the Gutchess family who are here today. Matthew Gutchess, if you could stand please. Jeffrey Breed who is also here. He has been with the company for 27 years. I appreciate you guys coming here. I have to mention Matthew’s father, Gary Gutchess, who was an integral part of making this all happen. I want to thank a couple of the political representatives who were involved as well, in this project. Former Assemblywoman Barbara Lifton’s office had AUGUST 4, 2021 TOWN BOARD MEETING PAGE 16 support for this project. I have to mention Senator Oberacker who you all heard from. Also, former Senator James Seward played a huge role in this place. He needs to be recognized. Our local county legislative officials who have supported the project. Joe Nauseef, Eugene Waldbauer, and Chris Newell. Chris is here tonight I believe. Where is Chris? There he is. There’s also a bunch of people sort of outside of the Town who have to be mentioned. The contractors. The people who built this place need some recognition. Also, Thoma Development has played a huge role in assisting the Town with many grants and that’s continuing. Richard Cunningham from Thoma has been very important. I also want to mention some folks from Lime Hollow who have supported the project. Glen Reisweber, I think I saw him earlier. He may have left. Forrest Earl. Also, the Town’s engineering firm, Clough Harbour needs to be mentioned. Laura Cassalia, the lead engineer from Clough Harbour has done a lot of work on this place. Garry VanGorder who was mentioned earlier has played a role. He’s the Executive Director of the Cortland County Business Development Corporation and the IDA. Machell Phelps needs to be recognized more than already what she’s been recognized for. Machell has worked on this project. She has a ton of integrity. She cares a lot about the sports and tourism in Cortland County and I’ve seen her work in action. It’s impressive stuff. John McNerney who you all heard from. The guy’s got an impressive, impressive way about him as far as his care for this community. He’s put a lot of hard work into this. By the way, John and Machell have been sort of the spokespeople, if you will, with PBR. If that aspect of this relationship didn’t happen there’s no way that this could have happened. John and Machell deserve a lot. Now for some of the Cortlandville employees. Former Town Board members that were mentioned. Randy Ross was a member of the Board previously that had some decisions to make. Greg Leach is here tonight. Also, John Proud is here tonight. Thank you to John. I have to mention the Town Planning Board briefly. Former Chairwoman Kathy Wickwire is here. Chris Newell, his name has been thrown around a few times, the current Chairman. Zoning Board of Appeals needs mentioning. John Finn, the Chairman is here as well. Also, the Town, we mentioned that we created a Recreation Commission. That is going to be an important committee to work on this moving forward. Machell Phelps is going to work on that committee, thank God. Now for some Town folks that deserve mentioning. Well actually, I guess I will start with some former Town employees. Glenn Bassett, the former Town Highway Superintendent is here. He has done a lot of work on this place. A ton of work. Former Town Attorney John Folmer has his fingerprints all over this. Some of the folks in our Code Enforcement Office have worked on this. Bruce Weber, Kevin McMahon, Desiree Campbell. I think I saw Desiree back there somewhere. Larry Drach needs mentioning. Larry has spent a ton on time here, a lot of sweat and I’ve seen it in action. Larry deserves a lot of recognition. Some of the folks from the Highway office that need mentioning. Jenn Mulcahy has played an important role here. Kevin Russell, Damien Walker and Fred Walker. Also, Pete Alteri deserves a lot of credit here. Pete is retiring soon. I hate to see that, but Pete has put a lot into the Town. He’s actually been reassigned to deal with issues here at the park and he’s been great. And Pete, for you to see this and put an exclamation point on your career, I’m really glad to see it. I also want to mention some of the Town Clerk’s staff. Amanda Rainbow, Chavonne LaPlant and Abigail Albro. … Also, Nick Alteri has worked on this. Pete’s son. He’s done a lot of work with technology and some of the stuff I don’t understand. The current Town Bookkeeper, Megan Johnson has worked very hard on this. She’s back there. Also, our former Bookkeeper has worked really hard on this as well, Marcia Hicks. She’s back there as well. I gotta mention some of our, obviously our current Town Board members. Mr. Withey, Jeff Guido, Jay Cobb all played a huge role in all of this. The Supervisor’s Assistant, Patty O’Mara who is also retiring at the end of the year. This is also a huge exclamation point on her career for the Town. Four more people, in my opinion the most important people. Tom Williams has been a huge part of this process. A huge proponent. I walk into Town Hall everyday and he’s got me grinding on stuff. He’s got ideas. He’s got excitement. He’s a hard worker. The guy cares. He deserves a ton of credit here. Kristin Rocco-Petrella probably sees every single angle of what’s going on here more than anybody else. That woman over there works very, very hard. She, she … anytime you need her she’ll be there and it’s pretty, pretty amazing to see. Dick Tupper. I talked to Dick about an hour ago, an hour and a half ago from a hospital bed and I wish Dick could be here. When I first got the job I used to walk into Town Hall. Dick would put his hat on … his Gutchess Lumber Park hat, and I would say, ‘Dick, where you going? Where are you coming from?’ He’d say, ‘I’m coming from the park.’ Or, ‘I’m going to the park’. I’d say ‘Dick, what do you live at the park?’ The guy just cared about this place. It was his baby. It was just something that he woke up in the morning and went to bed caring about. And he put a lot of time and a lot of sweat and a lot of work into this place. I wish he could be here. And last of all, Theodore Testa. This place started with that man right there meeting with that man’s father, probably over some coffee and then another cup of coffee and about seven more. And that’s how this place came to be what it is. Mr. Testa look at it. Congratulations. Thank you for all that you do. Thanks everybody for coming tonight. I appreciate it very much. AUGUST 4, 2021 TOWN BOARD MEETING PAGE 17 No further comments or discussion were heard. The meeting was adjourned at 6:42 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 August 17, 2021. The final version of this meeting was approved as written at the Town Board meeting of September 1, 2021.