HomeMy WebLinkAbout2021-09-01 Town Board Minutes
SEPTEMBER 1, 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; Patrick Perfetti, Cortland County District Attorney; Matt
Whitman from CACTC; John Barry, Executive Director of the Southern Tier AIDS Program; Alex
Mikowski; Paul Mikowski; Whitney Hargett; Amelia McLean-Robertson, Attorney from Bond
Schoeneck & King; Town Residents: Pamela Jenkins; Dean O’Gorman; Ken Woodman; Stephen
Flatt; John DelVecchio Sr.; Bernice Potter-Masler; and News Reporters: Colin Spencer from the
Cortland Standard; and Tim Bennett from the Cortland Voice.
*Councilman Guido joined the Regular Meeting via Zoom video conference.
Supervisor Williams called the Regular Meeting to order.
Councilman Testa made a motion, seconded by Councilman Cobb to approve the Draft
Town Board Minutes of August 4, 2021 and August 18, 2021. All voting aye, the motion was
carried.
Councilman Testa made a motion, seconded by Councilman Cobb to receive and file the
Cortlandville Parks & Recreation Commission Minutes of August 3, 2021. All voting aye, the
motion was carried.
Councilman Testa made a motion, seconded by Councilman Cobb to receive and file the
Cortlandville Board of Assessment Review Minutes of May 26, 2021. All voting aye, the motion
was carried.
Councilman Testa made a motion, seconded by Councilman Cobb to receive and file the
Cortlandville Planning Board Minutes of July 27, 2021. All voting aye, the motion was carried.
There was a brief discussion regarding the purchase of a new Bobcat for the Town Highway
Department. Councilman Withey asked whether the new equipment was budgeted for. Highway
Sup’t. Drach explained that there was money in his equipment budget to cover the cost of the
purchase. He planned to purchase two new trucks but recognized there was a need for the Bobcat
instead. Supervisor Williams added that the new equipment would also be used to mow the South
Hill Dump eliminating the need to rent equipment to do such.
RESOLUTION #248 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0183 TO BOBCAT OF SYRACUSE TO PURCHASE ONE NEW
BOBCAT COMPACT TRACK LOADER FOR THE TOWN
HIGHWAY DEPARTMENT
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0183 submitted by the Highway Superintendent to be paid to Bobcat of Syracuse,
a Division of Upstate Equipment, for the purchase of one new T770 T4 Bobcat Compact Track
Loader, 92 HP Turbo Tier 4 Diesel Engine (New York State Contract #PC69396, Group 40625,
Award #PGB22792), for the total cost of $67,290.36.
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 2
RESOLUTION #249 AUTHORIZE PAYMENT OF VOUCHERS – SEPTEMBER
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 #1109-1158
HG, SF, SS, SW General Fund A $ 34,682.43
General Fund B $ 13,573.46
Highway Fund DA $ 0.00
Highway Fund DB $ 30,292.62
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 5,302.35
Water Fund SW $ 13,850.08
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 #26-28
Trust & Agency TA $ 45,443.86
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to Patrick Perfetti.
Patrick Perfetti, District Attorney for Cortland County, was in attendance to discuss the
proposal the Board was considering regarding a Syringe Exchange Program (SEP) and to present
the viewpoint from the DA’s office regarding public safety. DA Perfetti stated there is an opioid
epidemic in our area and that drug related mortality has increased. In 2020, the Cortland County
Coroner had to go back to the Legislature to request an increase in her budget line for autopsies
due to opioid related overdose deaths, which doubled from overdose deaths in 2019, and was on
track to match those numbers this year. The opioid epidemic also leads to an increase in drug
related crime.
DA Perfetti stated that the DA’s office, Cortland County Sheriff, and the City of Cortland
Police share the same viewpoint and do not support the program being proposed. He stated that
as far as his office is concerned, “in the aspect of public safety this is not a measure that we will
back”. He added that he “can understand that there may be public health concerns that are different
from those of public safety, but I ask you to please draw those distinctions in your mind and ask
yourself if you want to be in a position where you are bringing more needles into this area than are
already here.” He explained that several investigations he has been involved in, some that have
gone to trial recently, the officers have entered “trap houses” with an abundance of needles that
present a public safety hazard and an officer safety hazard.
DA Perfetti stated the SEP is not a true “one for one exchange”. Syringes will be handed
out to individuals even if they don’t exchange a used syringe. He noted that there are seven
pharmacies in Cortland County that have programs that provide a clean syringe to an individual in
need of one. Mr. Perfetti thanked the Board for their time.
Supervisor Williams offered privilege of the floor to Matt Whitman.
Matt Whitman, Director of Cortland Area Communities That Care (CACTC), distributed
a packet of information to the Board containing local data and research regarding the Syringe
Exchange Program (SEP). Mr. Whitman reiterated statements made at the last Town Board
meeting stating the Cortland County Health Department along with every other health organization
in the world support SEP’s. Mr. Whitman agreed that you can go to a pharmacy and obtain a clean
syringe but what you can’t get at a pharmacy is services to help with recovery. This Program also
provides Narcan and access to treatment. Mr. Whitman stated he is a data/research person and
there is a need to look at, “what results has our current system been getting” and are there other
things we could be doing to help our residents. He stated that the research shows all the benefits
of a SEP and that it is a tool that will potentially help people in our community. Mr. Whitman
thanked the Board for the opportunity to speak.
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 3
Supervisor Williams offered privilege of the floor to Dean O’Gorman.
Town resident, Dean O’Gorman recognized a statement of support from the Cortland
County Health Department for Syringe Exchange Programs (SEPs). Mr. O’Gorman stated that he
has had numerous families and parents reach out to him, all of which are frustrated and wanting
help for our community. Mr. O’Gorman read aloud a poem in honor of all grieving parents and
made it clear that he is fighting for help and change to improve our community so no other parent
must feel the loss that he and his family endured. Mr. O’Gorman reiterated some of the CDC data
and stated, “in today’s world every overdose is preventable”. Mr. O’Gorman addressed the Board
stating, “every policy and procedure that gets made by decision makers like you guys are either
taking lives or saving lives.” Mr. O’Gorman thanked the Board for their time.
Supervisor Williams offered privilege of the floor to Alexandra Mikowski.
Alexandra Mikowski, a social worker by trade, apprised the Board she currently works for
Family Counseling Services and was in attendance to speak on that agency’s behal f. She is also
part of a mobile unit that goes out to get a person in need of help. Ms. Mikowski indicated that
Family Counseling Services are happy to work with any available providers and already work with
the Syringe Exchange Program (SEP) in Ithaca. The agency will co-locate to be where the SEP is
and provide support with treatment and Narcan. In her experience, she stated that SEP’s often take
in more syringes than they hand out, and personally thinks the program is a great idea. Ms.
Mikowski thanked the Board for the opportunity to speak.
Supervisor Williams offered privilege of the floor to Dr. Paul Mikowski.
Dr. Paul Mikowski informed the Board he is a citizen and a Psychologist and has worked
for 20 years in mental health, including helping people with substance abuse which is an issue he
feels strongly about. Dr. Mikowski stated that the opioid overdose issue is growing, and the
community needs help to save lives. He reiterated some of the CDC facts, 30 years of data showing
the Syringe Exchange Program (SEP) does not increase crime or substance abuse. Dr. Mikowski
stated that addiction is “a disease of connection”; it is almost impossible to get help alone. The
“magic” of the SEP is not the clean syringe but the connection with someone who cares and wants
to help. During Dr. Mikowski’s research regarding the SEP he found the program takes in 104%
more needles than it gives out and that it helps the community with a “get help, give help
connection”. Dr. Mikowski thanked the Board for their time.
Supervisor Williams offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins voiced her support for the Syringe Exchange Program
(SEP), stating the program will decrease harm, decrease the spread of disease, lead some people
to rehabilitation and reduce the number of carelessly discarded syringes. Ms. Jenkins recalled an
incident at a music festival 20-years ago where her young daughter picked up a plastic cap to a
syringe and asked her what it was. They left the festival shortly thereafter not feeling safe enough
to stay, wondering what else might be on the ground. Ms. Jenkins stated that holding a SEP in
Cortlandville once a month will help with several issues and she was pleased to see the support
from the Cortland County Health Department. Ms. Jenkins spoke to Mr. O’Gorman, discussing
the pain of losing a loved one and trying to decrease pain by helping our community. Ms. Jenkins
thanked the Board.
Supervisor Williams offered privilege of the floor to John Barry.
John Barry, Executive Director of the Southern Tier AIDS Program, provided the Board
with facts pertaining to the Syringe Exchange Program (SEP) as follows:
• Syringes have been legal in NYS for 29 years.
• The Syringe Exchange Program has been in existence for 30 years. It is a
worthwhile Program, and its importance increases.
• The Program is highly regulated monitored by the NYS Department of Health.
• Every service the Program offers is legal and in line with State Regulations.
• The Program helps prevent blood borne illness and infections and prevents people
from going to emergency rooms.
• The Program sends people to medication assisted treatment.
Mr. Barry responded to some comments made during a past Homer Town Board meeting
that he felt needed to be corrected. He stated that the SEP does not hand out thousands of syringes,
but rather the actual number is 20. The ID cards SEP provides can be traced back to a specific
individual and 80 % of people in the program have been in treatment programs. He stated that jail
is also not a good solution as it causes people to become unemployable and unable to get student
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 4
loans in the future. Mr. Barry indicated that blood borne illness such as HIV and Hepatitis C are
an issue in this community. He stated that he feared law enforcement officials in this community
have run out of ideas to help with the opioid epidemic and trusts that this program can help. Mr.
Barry thanked the Board for their time.
Supervisor Williams offered privilege of the floor to Whitney Hargett.
Whitney Hargett, a resident of Essex County in northern New York, spoke in honor of her
cousin whose addiction led to suicide after treatment. Ms. Hargett read aloud the CDC definition
of a Syringe Exchange Program (SEP). Ms. Hargett stated that the SEP helps people stop using
drugs as people who use a SEP are five times as likely to enter a rehabilitation program and report
three times less injection frequency. Ms. Hargett reiterated statistics regarding blood borne
illnesses, syringes, crime, cost effectiveness and overdoses. She commented that the CDC knows
this program works and that no one knows better than the CDC. Ms. Hargett thanked the Board
for the opportunity to speak.
Supervisor Williams thanked all those who spoke during privilege of the floor.
Councilman Testa made a motion, seconded by Councilman Withey, to receive and file
correspondence from Charter Communications, dated August 27, 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”. Attorney
DelVecchio explained that the Board was in receipt of the Cortland County Planning
Department/Board recommendations. The Town Planning Board convened August 31, 2021 and
discussed the proposed Local Law. The Planning Board determined they would not make a
recommendation to the Town Board regarding the proposed amendment.
Attorney DelVecchio stated that he reviewed correspondence received previously from
Bond Schoeneck & King relating to the proposed Local Law. However, he stated that he would
like to give some further consideration and study to that letter before the Board proceeds.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file
correspondence from Bond Schoeneck & King, Attorneys at Law on behalf of Route 13 ROCKS,
LLC, dated August 18, 2021, regarding comments on the proposed Local Law Amending the Town
of Cortlandville’s Zoning Code to Further Safeguard the Existing Wellhead Protection Areas
within the Town of Cortlandville’s Aquifer Protection District. All voting aye, the motion was
carried.
RESOLUTION #250 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”
Motion by Councilman Withey
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”.
Under old business, there was discussion regarding a proposed Local Law to amend the
Town’s Sign Ordinance. Supervisor Williams explained that more work must be done on the
proposed amendment and that more time was needed. The amendment would not be in place for
the 2021 political season. Therefore, he requested a motion be made to rescind the Board’s action
in 2020 to hold the existing sign ordinance in abeyance. Attorney DelVecchio suggested the
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 5
motion be to reactivate any enforcement mechanisms with respect to the enforcement of the Code
as it relates to signage in the Town.
Councilman Cobb made such motion, seconded by Councilman Withey, followed by
discussion. Councilman Withey asked for clarification and whether the ordinance would revert
what it was prior to the last election, recalling there was controversy over enforcement. Supervisor
Williams explained that in the past there was controversy as to what “election day” was, which
was clarified by the Board by adding a definition as to what election day is, which is the date when
election votes can be counted.
Councilman Withey stated that if the Board is abiding by previous regulations, if a
complaint was called in the code officer would respond. He asked if that was still in effect and if
so, was there a specific form to complete for a complaint. Supervisor Williams stated that the
enforcement would not change. Complaints could be received by the code officer by phone, email
or however a complaint is made.
Attorney DelVecchio commented that there were some issues regarding the existing
language of the ordinance, for example, what is a definition of a sign – is the sign being complained
of a sign or not. He hoped the Board could clear up some of those issues in the future better than
what the existing ordinance says. However, to err on the side of caution, he stated there are some
constitutional issues involved, and “it was in the best interest of the Town, given what the proposed
language is to address those issues, to polish that language further”.
Councilman Withey asked if the Town was getting a push from our constituents for this or
is this something the code office was looking for. He asked who was asking for the redefinition
or clarification. Supervisor Williams explained that the Town Board asked for the changes. The
Board instructed the Attorney and Code Officers to work on a draft of a new law.
Attorney DelVecchio commented that the County Planning Department and Board
reviewed the proposed local law and made recommendations. The Town Planning Board was
asked to address the issue and provide a recommendation as well. At the August 31, 2021 Planning
Board meeting they discussed the matter and determined they would not make a recommendation
to the Town Board regarding the proposed amendment. Attorney DelVecchio suggested the Board
either table action on the matter or to rescind the proposed changes. Councilman Cobb recalled
there was already a motion on the floor to reactivate the enforcement mechanisms. Supervisor
Williams called a vote on the motion.
RESOLUTION #251 REACTIVATE THE ENFORCEMENT MECHANISM OF THE
EXISTING SIGN ORDINANCE FOR THE TOWN OF
CORTLANDVILLE
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #215 of 2020 adopted August 19, 2020, the Town Board
suspended “any and all further enforcement involved in Section 178-112 Subsection 5 of the Code
of the Town of Cortlandville as it relates to the time restrictions involved in that section unt il
further Board action”, therefore
BE IT RESOLVED, the Town Board does hereby reactive the enforcement mechanism of the
existing sign ordinance of the Town of Cortlandville effective September 1, 2021.
Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the
Cortland County Planning Department Review and Recommendations, dated August 13, 2021,
and Cortland County Planning Board Resolution #21-29, dated August 18, 2021, regarding the
Town’s proposed Local Law of 2021 to Amend Chapter 178, Article XIII, Signs of the Town
Zoning Ordinance. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Testa, to table action on the
proposed amendment to the Sign Ordinance. Councilman Withey asked to amend the motion to
rescind the proposed local law for consideration instead of tabling the matter. Supervisor Williams
called a vote on the original motion.
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 6
RESOLUTION #252 TABLE ACTION ON THE PROPOSED LOCAL LAW OF 2021
TO AMEND CHAPTER 178, ARTICLE XVIII, SIGNS OF THE
TOWN ZONING ORDINANCE
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey
ADOPTED
BE IT RESOLVED, the Town Board hereby tables action on the proposed Local Law of 2021 to
Amend Chapter 178, Article XIII, Signs of the Town Zoning Ordinance.
Under new business, Town Clerk Rocco-Petrella apprised the Board she received in her
office today (9/1/2021) what appeared to be a permissive referendum petition regarding Resolution
#228 of 2021 and the approval of the PBR Tournaments Management Agreement. A copy was
submitted to the Town Attorney for review.
Supervisor Williams suggested the Board take no action at this time to allow time for the
petition to be verified.
Attorney DelVecchio reported:
Draft Comprehensive Plan:
Attorney DelVecchio explained that the Town was in receipt of the Cortland County
Planning Department and Board recommendations and requested they be received and filed.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the
Cortland County Planning Department Review and Recommendations, dated August 13, 2021,
and Cortland County Planning Board Resolution #21-27, dated August 18, 2021, regarding the
Draft Comprehensive Plan for the Town of Cortlandville. All voting aye, the motion was carried.
At this time, he suggested that the Board take no action on the Comprehensive Plan. The
last action the Board took was to take the most recent comments tendered by CHA and send them
to the Comprehensive Plan Committee. The Board has not received feedback from that committee.
He suggested the Board take no action on the Comprehensive Plan procedure and to wait until the
feedback is received.
Supervisor Williams reported:
New Sander for Town Highway Department:
Supervisor Williams apprised the Board he received a request from Highway Sup’t. Drach
to purchase a new sander for the Town’s new truck. The total cost was $9,500.00, however if the
Town purchased the equipment now the cost would be $8,500. Per Highway Sup’t. Drach, Viking
Cives was the only company that made the equipment that would fit the truck.
RESOLUTION #253 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE
A NEW SANDER IN THE AMOUNT OF $8,500.00 FROM
VIKING CIVES FOR THE TOWN’S NEW PLOW TRUCK
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Highway Superintendent to
purchase a new Sander from Viking Cives (Contract #080818-VCM) to be used on the Town’s
new plow truck (Purchase Order #1439), for the total cost of $8,500.00.
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 7
Recreation Management District:
Supervisor Williams apprised the Board that the Town of Cortlandville, City of Cortland,
Town of Homer, and Village of Homer were discussing the possibility of a joint
management/maintenance/operation program for all parks and recreation programs in the area, that
could potentially include other municipalities in the future. Supervisor Williams indicated that it
is not often done around here, but in other parts of the country there are “Recreation Management
Districts”. A request was being sent to SUNY Cortland for support asking that a study be
conducted by the graduate school on the joint venture. Supervisor Williams suggested there could
be substantial savings to the municipalities, especially on equipment. Councilman Withey asked
if the County had any parks. Supervisor Williams answered Little York Park. Supervisor Williams
stated this was just in the early planning stage and that more information would be provided in the
future.
Cortland County Legislature Award of $500,000 to the Town for GLSC:
Attorney DelVecchio briefly mentioned that the Town was awarded $500,000 from the
Cortland County Legislature for the Gutchess Lumber Sports Complex (GLSC). He stated, “there
are people out there that believe in the project and that it is a great thing for this community.”
GLSC – Involvement of Planning Board and Zoning Board of Appeals:
Supervisor Williams informed the Board he met with the Planning Board and two of five
Zoning Board of Appeals (ZBA) members at the Planning Board Meeting last night. He mentioned
that there has been conversation in the past about plans for Gutchess Lumber Sports Complex
being made without the involvement of the Town Planning Board or ZBA. Supervisor Williams
stated he couldn’t speak to what was done in the past as he was not the Supervisor or on the Board,
however, is he now. He told the Planning Board and ZBA that the Board had “full intention to
bring any appropriate mater before them” as the Town moves forward with plans for the GLSC.
Attorney DelVecchio stated there is no requirement that the Town Board seek formal
approvals from the Planning Board or ZBA when it comes to Town property or the parks.
However, involving people that look at these types of projects all the time is a prudent idea.
Supervisor Williams agreed and indicated that the Planning Board often has sketch plan reviews
of projects prior to formal submission of an application. Supervisor Williams clarified that the
Town would be asking for input rather than permission.
Syringe Exchange Program:
Regarding a syringe exchange program to be held in the Town, Supervisor Williams stated
there were three things the Board could do: 1. Leave the resolution alone as crafted at the last
meeting; 2. Vote to hold any action on that in abeyance and build in study time; or 3. Rescind the
resolution acted on at the last meeting.
Councilman Withey made a motion that the resolution adopted at the August 18, 2021
Town Board meeting stay as is and mentioned that the Board’s support was unanimous. He added
that the Town should start its own database with the pro’s and con’s. Councilman Guido seconded
the motion and discussion occurred.
Supervisor Williams stated that the Town does not have the ability to collect and analyze
data. Matt Whitman, from CACTC indicated that he had expertise in that area and would be able
to collect and provide the data to the Town on a quarterly basis or as the Town sees fit.
RESOLUTION #254 AFFIRM RESOLUTION #236 of 2021 IN SUPPORT OF A
SYRINGE EXCHANGE PROGRAM (SEP) IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby affirm Resolution #236 of 2021, adopted August
18, 2021, in support of a Syringe Exchange Program (SEP) in the Town of Cortlandville, and it is
further
RESOLVED, that appropriate data collection will be provided by Matt Whitman, Director of
Cortland Area Communities That Care (CACTC).
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 8
Letter from Town Board Member to Town ZBA:
Supervisor Williams recalled that in January 2021, in Executive Session, a letter came to
light written by a Town Board member that was sent to the members of the Zoning Board of
Appeals suggesting conduct they could take regarding an alienation situation with a sign on Route
13. The Town Board discussed the matter in Executive Session and no further action was taken
for several reasons. Supervisor Williams stated that the Board was in negotiations with the sign
company. Shortly thereafter the Board went through a lengthy process to discuss alienation. The
matter was brought to a vote, it was approved by the Board, and the Town entered a contract. The
Board took no action on the ethics issue. Supervisor Williams stated it was prudent to wait the
120 days for the filing of an Article 78, and “did not want to muddy the waters” if an Article 78
was forthcoming. At the same time, a member of the community indicated they initiated an
investigation with the Attorney General. Supervisor Williams stated that if the Attorney General
was going to get involved, “we should wait on that as well”. Since it was now past 150 days, the
Town has not heard from the Attorney General, and the statute of limitations has passed for an
Article 78 action to be filed, an appropriate length of time has gone by to bring the matter to the
table.
Supervisor Williams stated he takes ethics very seriously and has forever. Ethics is “the
heart of any viable organization, especially a government organization.” He stated that we have
seen this at the State level recently with ethics violations. Supervisor Williams stated, I am
bringing this up “because I feel that needs to be addressed”. He stated that he would ask the Town
Attorney what a prudent action would be and then ask someone to table the matter to the next
meeting.
Attorney DelVecchio stated that he represents the Board and does not represent anyone
here individually. He stated that it is his job to make sure the Board and the Town follows the law.
He stated that the Board was all aware of the potential ethics issue at the time. His advice at the
time, given what the ethics issue involved as it pertained to a legal matter the Town was dealing
with, was that it was in the best interest of the Town not to have any discussion about the ethical
question at the time. He agreed with Supervisor Williams statement that the statute of limitations
for anyone to challenge the action taken has passed. Attorney DelVecchio stated that acting in the
best interest of the Town, as he always does, he believed the Town had a serious ethics issue. That
said, he stated that the Board all knows what happened. He proposed the following options for the
Board to explore.
1. Proceed with dealing with this issue pursuant to the Town’s current ethics
provisions in the Town Code and manual.
2. Take action to form an ethics board and have that board convene and deal with this
issue.
3. Refer the matter to the State Comptroller’s Office.
4. Refer the matter to the County ethics board for its consideration in dealing with the
issue.
Supervisor Williams suggested the Board put the matter on the floor to table the matter
with instruction to the Attorney to explore the various options.
Attorney DelVecchio stated there was nothing before the Board to table. He suggested a
motion be made to allow him to explore options to address this matter formally.
Supervisor Williams asked if there was any discussion from the Board, to which there was
none.
RESOLUTION #255 AUTHORIZE TOWN ATTORNEY TO EXPLORE OPTIONS TO
ADDRESS AN ETHICS ISSUE INVOLVING A
MEMBER OF THE TOWN BOARD
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to
explore options to address an ethics issue involving a member of the Town Board.
At this time in the meeting the Board proceeded with new business items.
Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file the
2021 Environmental Protection Fund: Parks, Preservation and Heritage Grant submitted by Thoma
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 9
Development Consultants on behalf of the Town of Cortlandville, dated July 30, 2021, regarding
the Gutchess Lumber Sports Complex GLSC) Phase 2 Development. All voting aye, the motion
was carried.
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file
Cortland County Planning Department Review and Recommendations, dated July 16, 2021, and
Cortland County Planning Board Resolution #21-24, dated July 21, 2021, regarding the Aquifer
Protection Permit Application submitted by Regan Development for property located on Route 13,
tax map #95.00-10-11.100, to construct a four-story mixed use building with a total of 72 dwelling
units and 6,200 sq ft of retail space as Phase I of a project with future plans for five additional
buildings for residential and/or retail/commercial use. All voting aye, the motion was carried.
RESOLUTION #256 APPOINT BRIAN R. CONGDON AS WATER & SEWER
SUPERINTENDENT FOR THE TOWN OF CORTLANDVILLE
EFFECTIVE SEPTEMBER 10, 2021
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, due to the resignation for retirement of Peter Alteri Jr. as Water & Sewer
Superintendent for the Town of Cortlandville a vacancy shall exist on September 10, 2021, now
therefore
BE IT RESOLVED, the Town Board hereby appoints Brian R. Congdon, of 6843 Route 41,
Homer, New York as the Water & Sewer Superintendent for the Town of Cortlandville effective
September 10, 2021, and it is further
RESOLVED, Mr. Congdon’s salary shall remain at $66,204.55 for the 2021 year.
Councilman Cobb made a motion, seconded by Councilman Withey to receive and file
correspondence from NYS Division of Budget, dated August 23, 2021, regarding the American
Rescue Plan Act (ARPA) and the receipt of additional funding. All voting aye, the motion was
carried.
Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file
correspondence from NYS Department of State, dated August 19, 2021, regarding the 2020 State
Census and the new Town Population total of 8,409, a decrease of 100 people from the 2010
Census in which 8,509 people were reported. All voting aye, the motion was carried.
RESOLUTION #257 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE
TOWN-WIDE HOUSING REHABILITATION GRANT
PROGRAM (CDBG #287HR323-19)
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize approval of payment for the following
regarding the Town-Wide Housing Rehabilitation Grant Program (CDBG #287HR323-19):
Wade Sprouse – $11,420.00 (Homza)
Reome Electrical & General Contractors – $11,950.00 (Jordan)
GT Contracting – $16,425.00 (Recor)
Thoma Development – $750.00 (Bragg)
Thoma Development – $250.00 (Davis)
Thoma Development – $850.00 (Holl)
Thoma Development – $750.00 (Jordan)
Thoma Development – $500.00 (McNeal)
Thoma Development – $7,400.00 (Program Delivery - Contract)
Thoma Development – $150.00 (Program Delivery)
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 10
Thoma Development – $2,300.00 (Administration - Contract)
Thoma Development – $21.25 (Administration)
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file Part
1 of the Full Environmental Assessment Form as prepared by Chris Einstein of CHA, dated August
27, 2021, and proposed resolutions for Town Board consideration. All voting aye, the motion was
carried.
RESOLUTION #258 AUTHORIZE SUPERVISOR TO SIGN THE GRANT WRITING
SERVICE AGREEMENT BETWEEN THE TOWN AND
THOMA DEVELOPMENT CONSULTANTS TO APPLY FOR A
2021 NYS COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FOR A TOWNWIDE HOUSING REHABILITATION
PROGRAM
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 authorize and direct the Supervisor to sign the
Grant Writing Agreement between the Town of Cortlandville and Thoma Development
Consultants to apply for a 2021 NYS Community Development Block Grant (CDBG) for a
Townwide Housing Rehabilitation Program, in an amount not to exceed $6,500.00.
No further comments or discussion was heard. Supervisor Williams requested the Board
convene to an Executive Session.
Councilman Withey made a motion, seconded by Councilman Testa, to recess the Regular
Meeting to an Executive Session to discuss personnel matters and a contract negotiation. All
voting aye, the motion was carried.
The meeting was recessed at 6:25 p.m.
Councilman Cobb made a motion, seconded by Councilman Withey, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 6:56 p.m.
Members of the public were invited back into the meeting.
RESOLUTION #259 AUTHORIZE SUPERVISOR TO HIRE AMANDA K. RAINBOW
AS THE ASSISTANT TO THE AID TO THE SUPERVISOR FOR
THE TOWN OF CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to hire Amanda K.
Rainbow of 35 W. Academy St., McGraw, New York as the Assistant to the Aid to the Supervisor
effective October 2, 2021, and it is further
RESOLVED, the position shall be subject to the successful completion of a civil service
examination to be held at a future date, and it is
RESOLVED, the Town Board hereby authorizes a salary of $40,560.00.
SEPTEMBER 1, 2021 TOWN BOARD MEETING PAGE 11
RESOLUTION #260 AUTHORIZE HIRING PETER ALTERI JR. AS A PART-TIME
CONTRACT EMPLOYEE FOR THE TOWN OF
CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize hiring Peter Alteri Jr., 1101 Church
Street, Cortland, New York as a part-time contract employee for the Town of Cortlandville,
effective September 13, 2021, and it is further
RESOLVED, the Supervisor shall work out the details of the arrangement with Mr. Alteri,
including the hourly rate and the number of hours of work per week.
There was discussion regarding the design plans and cost estimates associated with the
service building (concession building) at the Gutchess Lumber Sports Complex. Supervisor
Williams asked for a motion to authorize the design of the service building. Attorney DelVecchio
suggested the motion should be to authorize the Supervisor to seek design plans and cost estimates
associated with the service building, with the understanding that we have plans to move ahead
with the construction.
RESOLUTION #261 AUTHORIZE SUPERVISOR TO SEEK DESIGN PLANS AND
COST ESTIMATES ASSOCIATED WITH THE SERVICE
BUILDING FOR THE GUTCHESS LUMBER SPORTS
COMPLEX
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to seek
design plans and cost estimates associated with the service building (concession building) for the
Gutchess Lumber Sports Complex from the Town’s engineering firm, CHA, with the
understanding that the Town plans to move forward with the construction of such a building.
No further comments or discussion were heard.
Councilman Cobb made a motion, seconded by Councilman Testa, to adjourn the Regular
Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:02 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 September 16, 2021.
The final version of this meeting was approved as written at the Town Board meeting of October 6, 2021.