HomeMy WebLinkAbout2021-08-18 Town Board Minutes
AUGUST 18, 2021 5:01 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 DelVecchio; Deputy Town Clerk, Abigail
Albro; Highway Sup’t. Larry Drach; Matt Whitman from CACTC; Amelia McLean-Robertson,
Attorney from Bond Schoeneck & King; Town Residents: Pamela Jenkins; Robert Martin; Dean
O’Gorman; George Mowry; Ken Woodman; Stephen Flatt; and News Reporters: Colin Spencer
from the Cortland Standard; and Kevin Smith from the Cortland Voice.
Supervisor Williams called the Regular Meeting to order and asked for a moment of silence
in memory of Machell Phelps’ mother who recently passed away. Machell Phelps is the Director
of the Cortland Regional Sports Council.
Councilman Guido made a motion, seconded by Councilman Testa to approve the Draft
Town Board Minutes of July 21, 2021. All voting aye, the motion was carried.
The Draft Town Board Minutes of August 4, 2021 were provided to the Board for their
review on August 17, 2021.
RESOLUTION #229 AUTHORIZE PAYMENT OF VOUCHERS –AUGUST
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #1021-1108
HG, SF, SS, SW General Fund A $ 84,722.13
General Fund B $ 124.50
Highway Fund DA $ 0.00
Highway Fund DB $ 15,441.59
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 90,980.76
Water Fund SW $ 9,942.05
Funds CD1, CD3, CD4 Voucher #39-43
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 62,212.66
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #(None)
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to Dean O’Gorman
Town resident, Dean O’Gorman explained he was in attendance to follow up on his
previous request for the Board’s support of a Syringe Exchange Program (SEPs) in and for the
Town of Cortlandville. Mr. O’Gorman wanted to make it clear that the possession of a syringe has
been decriminalized. He informed the Board that the month of August was “Overdose Awareness
Month” and urged the Board to support the program. He provided information to the Board
regarding the program and recited facts from the 30-years of research from the Center for Disease
Control (CDC). Mr. O’Gorman explained the benefits of SEPs, which help prevent transmission
of blood-borne infections, help stop substance abuse, and help support public safety. Mr.
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 2
O’Gorman stated that drug addiction is a disease and plead for the Board’s support to help people
in need. He presented the Board with a proposed resolution for their consideration and asked that
they act on it, to “do something for the citizens of the community in a positive way” during
overdone awareness month.
Supervisor Williams thanked Mr. O’Gorman for his comments and indicated that he
intended to ask the Board for authorization for him to work with Mr. O’Gorman on the details of
his proposal.
Supervisor Williams offered privilege of the floor to Matt Whitman.
Matt Whitman, Director of Cortland Area Communities That Care (CACTC), was in
attendance to discuss the SEPs which are supported by health agencies around the world including
the NYS Health Department, CDC, and the World Health Organization. He stated there is 30 years
of research supporting the efficacy of SEPs including lowering the risks of syringe sharing and
safe disposal of syringes and protecting police officers and the public from blood borne disease.
He stated this community (Cortland County) has a serious HEP C outbreak; a SEP program will
help. Communities without SEPs have eight times more syringes in the community than those who
have the programs. Mr. Whitman shared information about the programs and their efficacy and
urged the Board to support the start of a SEP in the community. He stated, “we have a
responsibility to offer those services to our residents, in our community and protect them and their
health and safety.”
Supervisor Williams thanked Mr. Whitman for his comments.
Supervisor Williams offered privilege of the floor to Amelia McLean-Robertson.
Attorney Amelia McLean-Robertson, from Bond Schoeneck & King representing
Cortlandville Sand & Gravel, addressed the Board regarding the proposed local law concerning
the wellhead protection areas. Ms. McLean-Robertson indicated that she submitted a letter to the
Board earlier today about the proposed local law. She understood the Board was waiting for the
Town Planning Board to make its recommendations prior to acting on the proposed local law. She
stated that they strongly oppose the law as written, which would put Cortlandville Sand & Gravel
out of business. She stated the local law was “unlawful and unconstitutional”. Should the law be
adopted, Bond Schoeneck & King would be seeking damages from the Town.
Supervisor Williams acknowledged receipt of the correspondence from Ms. McLean-
Robertson and thanked her for her comments.
Supervisor Williams offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins addressed the Board regarding three items. First, she
commented that she supported Mr. O’Gorman and Mr. Whitman’s request, stating that she was in
support of anything we can do to promote wellness. She added that she was appointed by the
District Attorney to the “Angel Program” and is available to assist any person seeking treatment
instead of jail.
Secondly, she mentioned that she submitted a FOIL request to the Town Clerk on August
10, 2021 for documents pertaining to the contract signed between the Town and PBR Tournaments
on August 4, 2021. She suggested there needs to be an open discussion between the Board and
the public to discuss the $2.7 million the Town is still in debt for, and the debt to be incurred for
the new contract.
Ms. Jenkins third item for discussion was regarding the Town’s Draft Comprehensive Plan
and CHA’s response to the comments submitted. She objected to CHA’s response to her
comments as follows:
Please see this FEMA map of North and South of Kinney Gulf Road, as it
travels West toward Hoy Road. This the area I which suggest is incompatible with
development: It is in active Agriculture. It is an area of "Special Flood Hazard", has
a "Regulated Floodway" running through it, ground water is very near the
surface year-round, it has a creek running through it. We all know that 100-year
floods are happening more regularly than once in every 100 years and are likely to
occur more frequently because we are in an era of excessive rainfall events. I wrote
to Chris Einstein about his comments of August 2, 2021. He conceded that we are
talking about the exact same map ... there is no confusion as he seemed to indicate
in his written comments of August 2, 2021. I wrote to him again, that I continue to
think that the document needs an alphabetized index to increase the
user friendliness and that larger printed maps should be included in the
document. Maps two times the size are included in the 2002 Route 281/Aquifer
document and they are much more readable and useful for the reader.
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 3
Supervisor Williams thanked Ms. Jenkins for her comments.
Supervisor Williams offered privilege of the floor to George Mowry.
Town resident, George Mowry commented on the proposed Local Law to opt out of
cannabis (marijuana) dispensaries and on-site consumption in the Town of Cortlandville. He
voiced his support for the Town to opt-out of both dispensaries and on-site consumption and
mentioned that the Village of Homer opted out of on-site consumption but allowed dispensaries.
He stated this might be a good compromise for the town as he does care about the tax revenue. He
offered to provide more information from his own research on marijuana to anyone who would
like more information. Mr. Mowery provided the information to the Board at a prior meeting.
Supervisor Williams thanked Mr. Mowry for his comments.
Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file the
following monthly reports:
1) Town Justice LeFevre and Town Justice Mathey – July 2021;
2) Town Supervisor – July 2021;
3) Code Enforcement Officer, Kevin McMahon – July 2021;
4) Water & Sewer Department – July 2021;
5) Cortland Community SPCA – July 2021;
6) Fire & Safety Inspector/Code Enforcement Officer, Desiree Campbell – July 2021.
All voting aye, the motion was carried.
RESOLUTION #230 ACCEPT CONTINUING DISCLOSURE STATEMENT FOR
THE TOWN OF CORTLANDVILLE AS PREPARED BY
FISCAL ADVISORS & MARKETING, INC. FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2020
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Continuing Disclosure Statement for the Town of Cortlandville as
prepared by Fiscal Advisors & Marketing, Inc., dated June 26, 2021, for the Fiscal Year ending
December 31, 2020 is hereby accepted and shall be filed in the Town Clerk’s office.
RESOLUTION #231 ACCEPT CORTLAND COUNTY SHERIFF’S OFFICE ANNUAL
REPORT FOR 2020
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Cortland County Sheriff’s Office
Annual Report for 2020 as submitted by Sheriff Mark E. Helms, and it is further
RESOLVED, the correspondence from Sheriff Helms, dated July 15, 2021, is hereby received and
filed.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
correspondence from Charter Communications, dated July 23, 2021 regarding programming
services. All voting aye, the motion was carried.
Under old business, there was a brief discussion regarding 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”. Although
the Board was in receipt of the Cortland County Planning Department/Board recommendations,
the Town Planning Board has not issued its recommendations and would not be meeting until
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 4
August 31, 2021. Supervisor Williams suspected the Planning Board would provide their
recommendations to the Board prior to the next meeting on September 1, 2021.
RESOLUTION #232 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 Testa
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 Testa made a motion, seconded by Councilman Withey, to receive and file the
Cortland County Planning Department Review and Recommendations, dated July 16, 2021, and
Cortland County Planning Board Resolution #21-22, dated July 21, 2021, regarding the Town’s
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”. All voting aye, the motion was carried.
Under old business there was discussion regarding the proposed Local Law to “Opt Out of
Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under
Cannabis Law Article 4”.
Attorney DelVecchio explained that the proposed local law was to opt out of the state law
provision that allows a municipality to have cannabis retail dispensaries and on-site consumption
sites. If the Town opts out, retail dispensaries and on-site consumption sites would be prohibited.
Another option was to opt out of on-site consumption sites but allow retail dispensaries.
Attorney DelVecchio explained that to opt out and prohibit dispensaries and on-site
consumption sites, the Town must do so by December 31, 2021. If the Town does not opt out by
the end of the year, it can never opt out – the Town is automatically in. However, the Town can
later opt in to permit dispensaries and on-site consumption.
Attorney DelVecchio informed the Board that it was too late to put the question out to the
voters at the November 2, 2021 election. He stated that the Board has heard from the public
regarding economical and other considerations, and that the Board has had time to think about the
proposed local law.
Councilman Withey asked what the estimated loss of sales tax would be for Cortland
County if dispensaries were not permitted. He was concerned that if prohibited, it would force
residents to spend money outside of the county. He questioned whether medical cannabis
dispensaries would also be prohibited under the local law and voiced concerns. Councilman
Withey wanted to make sure the Board understood the personal and financial implications.
Supervisor Williams responded that to the best of his knowledge there was no tax rate yet.
He added that in his reading of the statute, it applies specifically and only to personal and
recreational use.
Councilman Guido stated that if the Town opts out it does not mean the other
municipalities, such as the City of Cortland, can’t opt in. He added that the Town can later opt
back in.
Attorney DelVecchio indicated that there were three main points to consider. First, if the
Board decided not to opt out, the location of dispensaries or on-site consumption sites could be
regulated in the Town’s zoning; the Town will have the ability to assess zoning to determine where
they can be located. Secondly, regarding economics, he explained that a lot is still unknown. If
the Board opts out, they will have an opportunity to opt back in. The Board could collect data
from municipalities that opt in and then reconsider whether it is economically vi able to opt in.
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 5
Finally, he mentioned that if the Town permits dispensaries or on-site consumption sites, licensing
must be granted by New York State, a process he suspected would be rigorous.
Locally, the Village of Homer opted out of on-site consumption sites but permitted retail
dispensaries. The Town of Homer was leaving the question up to the voters at the November
election.
Town resident George Mowry asked for permission to speak, which was granted. He asked
how permitting dispensaries or on-site consumption would affect businesses and hiring practices.
Town resident, Dean O’Gorman voiced his support for permitting dispensaries. He suggested that
if dispensaries were permitted in New York State, then residents will drive to where the
dispensaries are permitted. He suggested the Town take advantage of the sales tax opportunity
and suggested that the money could be put back into the community for prevention programs. He
added that purchasing cannabis from a dispensary would be safer to use than it being purchased
off the street.
Supervisor Williams stated that during his career as a State Trooper he spent a lot of time
dealing with drugs and drug abuse. He indicated that he was not in favor of permitting
dispensaries or on-site consumption sites and would vote to opt out of both. He mentioned that
federal law did not permit the sale of cannabis and did not want to go down in the record that he
went against federal law just because the State said so.
At this time, it was decided that the Board would conduct a vote on whether to opt out of
allowing cannabis retail dispensaries separate from on-site consumption sites. All members of the
Board voted in favor of opting out of on-site consumption sites. Regarding opting out of allowing
cannabis retail dispensaries, Councilman Withey voted “Nay”, while all other members of the
Board voted “Aye”. The Local Law will be subject to permissive referendum as indicated in the
text of the law.
RESOLUTION #233 ADOPT LOCAL LAW NO. 2 OF 2021, “A LOCAL LAW TO OPT
OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES
AND ON-SITE CONSUMPTION SITES AS AUTHORIZED
UNDER CANNABIS LAW ARTICLE 4” SUBJECT TO
PERMISSIVE REFERENDUM
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Guido Aye
Councilman Testa Aye
Councilman Withey Nay
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on a proposed local law, “A
Local Law to Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites
as Authorized Under Cannabis Law Article 4”, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof,
and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 2 of 2021, amending the Code of the Town of Cortlandville to add legislation
to “Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as
Authorized Under Cannabis Law Article 4”, a copy of which is attached hereto and made a part
hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and
in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said
Local Law to the Secretary of State.
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 6
Be it enacted by the Town Board of the Town of Cortlandville as follows:
A local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites
as authorized under Cannabis Law Article 4
Section 1. Legislative Intent
It is the intent of this local law to opt out of allowing cannabis retail dispensaries and on-site
cannabis consumption sites in the Town of Cortlandville that would otherwise be allowed under
Cannabis Law Article 4.
Section 2. Authority
This local law is adopted pursuant to Cannabis Law § 131 which expressly authorizes the town
board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of
cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of
the Town of Cortlandville and is subject to a permissive referendum, the procedure of which is
governed by Municipal Home Rule Law § 24.
Section 3. Local Opt-Out
The Town Board of the Town of Cortlandville hereby opts out of allowing cannabis retail
dispensaries and on-site cannabis consumption sites from being established and operated within
the town’s jurisdiction.
Section 4. Severability
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof
to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent
jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or part of this Local Law or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy in which such judgment
or order shall be rendered.
Section 5. Permissive Referendum/Referendum on Petition
This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and
the procedure outlined in Municipal Home Rule Law § 24.
Section 6. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
Attorney DelVecchio reported:
Extension of Term of Office for the Town Clerk/Collector:
Attorney DelVecchio asked the Board to amend all Town Board Resolutions from 2021
concerning the extension of the term of office from two years to four years for the Town
Clerk/Collector, including the proposed local law itself. He explained that the offi cial title of the
office is Town Clerk/Collector, however the resolutions only mentioned Town Clerk. The
resolutions affected are as follows: #150, #162, #164, #178, and #188 of 2021. He explained that
the referendum on the ballot would be changed to the Town Clerk/Collector.
RESOLUTION #234 AMEND TOWN BOARD RESOLUTION #150, #162, #164, #178,
AND #188 OF 2021 TO REFLECT THE OFFICE OF THE
“TOWN CLERK/COLLECTOR” RATHER THAN “TOWN
CLERK”
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the town board does hereby amend town board resolution #150, #162, #164,
#178, and #188 of 2021 to reflect the office of the “Town Clerk/Collector” rather than “Town
Clerk” and authorizes the Town Clerk to correct the pending local law, which was adopted subject
to mandatory referendum, and it is further
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 7
RESOLVED, the Board of Elections shall make the adjustment to the referendum on the
November 2, 2021 ballot.
Parkland Alienation – Gutchess Lumber Sports Complex:
Attorney DelVecchio discussed parkland alienation with the Board. He stated that he
spoke to the Board in depth on this issue and that they were all familiar with it and the ambiguities
that go along with it. He explained that there is no statute in NYS that governs parkland alienation,
but that it is guided solely in Common Law.
Attorney DelVecchio spoke to the head of the New York State Office of Parks Recreation
and Historic Preservation (OPRHR) and discussed the issue at length as it relates to the Town’s
arrangement with PBR. The OPRHP indicated they cannot give a legal or definite answer as to
whether that agreement is parkland alienation. He also spoke to the head of the legal department
and received a similar response.
The Town can seek legislative approval from the State. Attorney DelVecchio informed
the Board that he spoke with many political figures in the County and mainly to Senator Oberacker
and his office staff. His office advised Attorney DelVecchio that it is not possible at this time due
to the fact the legislative session ended for the year on June 30, 2021. The Town cannot commence
action at this time; it would have to wait.
In addition, Attorney DelVecchio explained that the principal terms of the management
agreement that the Town approved at the August 4, 2021 meeting “do not trigger until next year”.
Also, pursuant to the contract, the Town will not receive any money until 2022. The principal
terms of that contract will not be triggered until 2022. Attorney DelVecchio asked the Board to
adopt a resolution for the Town to initiate the process for parkland alienation with the State
Legislature as soon as practicable, which may be at the end of 2021. He explained that the earliest
time that a proposed bill can go before the Assembly or Senate is January 6, 2022.
At this time, Attorney DelVecchio read a proposed resolution for the Board’s consideration
as follows and offered to answer any questions from the Board.
Regarding the Management Agreement between the Town of Cortlandville and
PBRT Tournaments NY LLC dated August 1, 2021, the Town shall begin the
process for the "approval" of the arrangement between the parties by the New York
State Legislature regarding the issue of parkland alienation as soon as practicable.
This resolution recognizes the following:
1. The arrangement between the parties may or may not constitute parkland
alienation given that there is no statute that governs the legal principle. There
is also no legal "formula" to determine whether or not the arrangement does or
does not constitute parkland alienation.
2. The Town has consulted the New York State Office of Parks, Recreation and
Historic Preservation about the arrangement as to whether or not the
arrangement constitutes parkland alienation; the said office has indicated that it
cannot provide a definite or legal answer.
3. The Town has consulted with the office of a local state congressman about
initiating the process for legislative approval regarding the parkland alienation
issue. The said office has advised the Town that it is not possible at the current
time to initiate the process because the Legislative Session of the New York
State Legislature for the current year has ended.
4. The principle terms of the said management agreement, although executed on
August 1, 2021, do not trigger until approximately June 1st of next year.
Councilman Guido made a motion, seconded by Councilman Cobb to approve the
resolution as read. Councilman Withey asked for further clarification. He commented that the
Board entered into the agreement at the last meeting and voiced concerns as to whether the Town
“can do the project without the blessings of the state legislature”. He had concerns regarding the
financial aspect and engineering costs for Phase 2. Attorney DelVecchio referred Councilman
Withey to the proposed resolution which addressed his inquiry.
Supervisor Williams asked for a vote to proceed with the resolution as presented.
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 8
RESOLUTION #235 AUTHORIZE TOWN ATTORNEY TO BEGIN THE PROCESS
FOR THE “APPROVAL” OF THE ARRANGEMENT BETWEEN
THE TOWN OF CORTLANDVILLE AND PBRT
TOURNAMENTS NY, LLC BY THE NEW YORK STATE
LEGISLATURE REGARDING THE ISSUE OF PARKLAND
ALIENATION
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, regarding the Management Agreement between the Town of Cortlandville
and PBRT Tournaments NY, LLC dated August 1, 2021, the Town shall begin the process for the
"approval" of the arrangement between the parties by the New York State Legislature regarding
the issue of parkland alienation as soon as practicable, and it is further.
RESOLVED, this resolution recognizes the following:
1. The arrangement between the parties may or may not constitute parkland alienation
given that there is no statute that governs the legal principle. There is also no legal
"formula" to determine whether or not the arrangement does or does not constitute
parkland alienation.
2. The Town has consulted the New York State Office of Parks, Recreation and Historic
Preservation about the arrangement as to whether or not the arrangement constitutes
parkland alienation; the said office has indicated that it cannot provide a definite or
legal answer.
3. The Town has consulted with the office of a local state congressman about initiating
the process for legislative approval regarding the parkland alienation issue. The said
office has advised the Town that it is not possible at the current time to initiate the
process because the Legislative Session of the New York State Legislature for the
current year has ended.
4. The principle terms of the said management agreement, although executed on August
1, 2021, do not trigger until approximately June 1st of next year.
Supervisor Williams reported:
Support for a Syringe Exchange Program in the Town of Cortlandville:
Supervisor Williams explained that the Board was presented with a resolution prepared by
Town resident Dean O’Gorman for support of a Syringe Exchange Program in the Town. In
addition to the resolution, Supervisor Williams asked the Board to include authorization for him
to work with Mr. O’Gorman and those involved in the program to initiate the mobile unit. As Mr.
Whitman explained, the SEP would be a mobile unit rather than a permanent site in the Town that
would likely operate once per month. The operation was based on funding and staffing. Mr.
Whitman and Mr. O’Gorman explained that there was no cost to the municipalities that authorize
it, rather they just want assurance from the Town that they support the program.
RESOLUTION #236 RESOLUTION OF SUPPORT FOR A SYRINGE EXCHANGE
PROGRAM (SEP) IN THE TOWN OF CORTLANDVILLE AND
AUTHORIZE THE SUPERVISOR TO COORDINATE WITH
CACTC AND THE SOUTHERN TIER AIDS PROGRAM
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 9
WHEREAS, the Town of Cortlandville Town Board have been presented information on the
benefits of having a syringe exchange program in and for the Town of Cortlandville, and
WHEREAS, the program has the potential to reduce the increasing number of HEP C cases and
other bloodborne diseases transmitted through shared needles and needle pricks from poorly
discarded used needles, and
WHEREAS, the Town Board recognizes the benefits of this no cost program for syringe exchange
and thereby reducing risks to the unaware population of our Town and the public safety benefits,
and
WHEREAS, data collected over the years supports the benefits of these programs, now therefore
BE IT RESOLVED, the Town of Cortlandville recognizes and welcomes the efforts of this Syringe
Exchange Program (SEP) and supports the initiative to reduce the potential for disease
transmission and create an avenue for a recovery program for the users, and it is further
RESOLVED, the Town Board hereby authorizes and directs the Supervisor to coordinate with
Cortland Area Communities That Care (CACTC) and the Southern Tier AIDS Program to discuss
the steps to commence a Syringe Exchange Program in the Town of Cortlandville.
GLSC – Proposed Layout for Pickleball, Horseshoes, & Bocce:
Supervisor Williams referred to a map of the GLSC and a proposed layout for a bocce
court, horseshoe pits and a pickleball court. More research was needed for the proposed pickleball
court before moving forward with construction. However, at this time, Supervisor Williams asked
for Board authorization for the Highway Sup’t. to move forward with the construction of the bocce
court and horseshoe pits.
RESOLUTION #237 AUTHORIZE HIGHWAY SUPERINTENDENT TO PROCEED
WITH THE CONSTRUCTION OF A BOCCE COURT AND
HORSESHOE PITS AT THE GUTCHESS LUMBER SPORTS
COMPLEX
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway
Superintendent to proceed with the construction of a bocce court and horseshoe pits at the Gutchess
Lumber Sports Complex.
RESOLUTION #238 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE
TOWN-WIDE HOUSING REHABILITATION GRANT
PROGRAM (CDBG #287HR323-19)
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED the Town Board does hereby authorize approval of payment for the following
regarding the Town-Wide Housing Rehabilitation Grant Program (CDBG #287HR323-19):
Reome Electrical & General Contractors – $11,550.00 (Jordan)
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 10
RESOLUTION #239 AUTHORIZE PAYMENT TO DENKENBERGER SURVEYING,
P.C. IN THE AMOUNT OF $900.00 FOR COMPLETION OF A
SURVEY FOR PROPERTY OWNED BY EAST LAKE
VENTURE, LLC LOCATED OFF BYRNE HOLLOW
CROSSING THAT WAS COMPLETED IN ORDER TO OBTAIN
AN EASEMENT FOR RECREATION PURPOSES
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #212 of 2021, the Town Board authorized the Supervisor
to engage the services of Denkenberger Surveying, P.C. to accomplish a survey for property owned
by East Lake Venture LLC (1.06 acres), located off Byrne Hollow Crossing, tax map #105.00-04-
03.000, located next to the Gutchess Lumber Sports Complex, to determine if an easement(s) for
recreation purposes can be obtained from East Lake Venture LLC, therefore
BE IT RESOLVED, the Town Board does hereby authorize payment to Denkenberger Surveying,
P.C. in the amount of $900.00 for the completed survey.
RESOLUTION #240 AUTHORIZE SUPERVISOR TO ENGAGE THE SERVICES OF
DENKENBERGER SURVEYING, P.C. TO ACCOMPLISH A
SURVEY OF THE GUTCHESS LUMBER SPORTS COMPLEX
LOCATED AT 3111 BYRNE HOLLOW CROSSING
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 engage the
services of Denkenberger Surveying, P.C. to accomplish a survey of the Gutchess Lumber Sports
Complex property (101 acres) owned by the Town of Cortlandville, located at 3111 located off Byrne
Hollow Crossing, tax map #105.00-04-02.200, for the total cost of $4,500.00.
RESOLUTION #241 APPROVE PURCHASE OF 36 CHAIRS AND A CHAIR
CARRIER FROM HUMMEL’S OFFICE SUPPLY FOR THE
GUTCHESS LUMBER SPORTS COMPLEX IN THE AMOUNT
OF $1,186.60
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby approve the purchase of 36 chairs and a chair
carrier from Hummel’s Office Supply for the Gutchess Lumber Sports Complex in the total amount
of $1,186.60.
RESOLUTION #242 ACKNOWLEDGE APPOINTMENT OF MARGARET CAPPS AS
CHIEF COURT CLERK/DEPUTY COURT CLERK AND
AUTHORIZE SALARY INCREASE
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 the appointment of Margaret
Capps as Chief Court Clerk/Deputy Court Clerk effective August 23, 2021 due to the retirement
of Mary Caufield in the Town Court, and it is further
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 11
RESOLVED, the Town Board hereby authorizes the salary increase to $50,489.00 with an
additional $4,500.00 per year for Records Management.
There was a brief discussion regarding the Draft Comprehensive Plan for the Town of
Cortlandville and CHA’s recommended responses to comments. The Board agreed to return the
Plan to the Comprehensive Plan Committee and CHA to finalize the Plan. Attorney DelVecchio
made it clear that CHA only recommended one change to regarding the Business District Design
Standards. Their comment was as follows:
The topic of design guidelines for development/general development aesthetics was
not discussed in detail during development of the comprehensive plan however this
recommendation could be included under the topic of visual/aesthetic character.
Recommend revising Draft Plan to include a recommendation to re-visit the Town’s
design standards.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from Chris Einstein, CHA, dated August 2, 2021, regarding the recommended
responses to comments received from the Town boards and the public on the Draft Comprehensive
Plan for the Town of Cortlandville and the recommended edits by CHA on the Plan. All voting
aye, the motion was carried.
RESOLUTION #243 AGREE WITH THE RESPONSES TO COMMENTS AS
SUBMITTED BY CHA REGARDING THE DRAFT
COMPREHENSIVE PLAN AND REFER THE PLAN BACK TO
THE COMPREHENSIVE PLAN COMMITTEE TO FINALIZE
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 agree with the responses to comments as
submitted by CHA (dated August 2, 2021) regarding the Draft Comprehensive Plan for the Town
of Cortlandville, and it is further
RESOLVED, the Town Board hereby refers the Draft Comprehensive Plan back to the
Comprehensive Plan Committee to work with CHA to finalize the Plan.
RESOLUTION #244 AUTHORIZE SUPERVISOR TO SIGN THE LOAN AND
SECURITY AGREEMENT BETWEEN THE TOWN OF
CORTLANDVILLE AND SEVEN VALLEY SPECIALTY
CABLES, LLC REGARDING THE TOWN’S NYS SMALL
CITIES COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM (CDBG #287ED967-21)
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 authorize and direct the Supervisor to sign the
Loan and Security Agreement between the Town of Cortlandville and Seven Valley Specialty
Cables, LLC regarding the Town’s New York State Small Cities Community Development Block
Grant Program (CDBG #287ED967-21) in the amount of $320,000.00.
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 12
RESOLUTION #245 ACCEPT RESIGNATION FOR RETIREMENT FROM MARY C.
CAUFIELD AS CHIEF COURT CLERK/DEPUTY COURT
CLERK FOR THE TOWN OF CORTLANDVILLE EFFECTIVE
AUGUST 21, 2021
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, after 35 years of dedicated service to the Town of Cortlandville as Chief Court
Clerk/Deputy Court Clerk, Mary C. Caufield has submitted her letter of resignation for retirement,
therefore
BE IT RESOLVED, the Town Board does hereby accept, with deep regret, the letter of resignation
from Mary C. Caufield as Chief Court Clerk/Deputy Court Clerk for the Town of Cortlandville, to
be effective August 21, 2021, and it is further
RESOLVED, the letter of resignation dated August 9, 2021 is hereby received and filed.
RESOLUTION #246 ACCEPT RESIGNATION FOR RETIREMENT FROM PETER
ALTERI JR. AS WATER/SEWER SUPERINTENDENT FOR
THE TOWN OF CORTLANDVILLE EFFECTIVE
SEPTEMBER 10, 2021
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, after 34 years of dedicated service to the Town of Cortlandville as Water/Sewer
Superintendent, Peter Alteri Jr. has submitted his letter of resignation for retirement, therefore
BE IT RESOLVED, the Town Board does hereby accept, with deep regret, the letter of resignation
from Peter Alteri Jr. as Water/Sewer Superintendent for the Town of Cortlandville, to be effective
September 10, 2021, and it is further
RESOLVED, the letter of resignation dated August 10, 2021 (received August 11, 2021) is hereby
received and filed.
RESOLUTION #247 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE
NYS SMALL CITIES COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM – ECONOMIC DEVELOPMENT FOR
SEVEN VALLEY SPECIALTY CABLES, LLC
(CDBG #287ED967-21)
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 authorize approval of payments regarding the
New York State Small Cities Community Development Block Grant Program – Economic
Development for Seven Valley Specialty Cables, LLC (CDBG #287ED967-21) in the amount of
$62,800.00 to Seven Valley Specialty Cables, LLC for “Reimbursement for FF&E and Working
Capital”.
AUGUST 18, 2021 TOWN BOARD MEETING PAGE 13
No further comments or discussion were heard.
The meeting was adjourned at 6:11 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 27, 2021.
The final version of this meeting was approved as written at the Town Board meeting of September 1, 2021.