HomeMy WebLinkAbout2022-01-19 Town Board Minutes
JANUARY 19, 2022 5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
C’VILLE, LLC (BYRNE DAIRY)
3156 BYRNE HOLLOW CROSSING
TAX MAP #105.00-03-16.000, 105.00-03-17.000,
105.00-03-20.000, 105.00-03-21.000
A Public Hearing was held by the Town Board of the Town of Cortlandville via Zoom
video and telephone conference with Supervisor Williams presiding, as permitted by the Executive
Order of the State of New York, concerning an application for an Aquifer Protection Permit
submitted by C’Ville, LLC to permit the retooling of an existing manufacturing plant; add 1,200
sq. ft. of mechanical space, construct a new truck scale/approach, and pave an additional small
area, for property located at 3156 Byrne Hollow Crossing, tax map #105.00-03-16.000, 105.00-
03-17.000, 105.00-03-20.000, and 105.00-03-21.000.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Councilman, Theodore V. Testa
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail
Albro; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda
Rainbow; Highway Sup’t. Larry Drach; Jim Gosier, Counsel for C’Ville, LLC/Byrne Dairy;
Cortland County Legislators: Eugene Waldbauer and Chris Newell; News Reporters: Kevin Smith
from the Cortland Voice; and Yuner Gao from the Cortland Standard.
Supervisor Williams called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice.
Supervisor Williams noted there was an error in the published legal notice. The property
is located in an I-2 District (Light Industrial, Office, Business Park), rather than the B-2 District
as posted. Attorney DelVecchio commented that the error was not substantial.
Supervisor Williams explained that C’Ville, LLC is the corporate name for the Byrne Dairy
processing plant on Byrne Hollow Crossing. He noted that Jim Gosier, Counsel for Byrne Dairy
was in attendance.
Supervisor Williams offered privilege of the floor to those in attendance.
On behalf of Byrne Dairy, Jim Gosier, Counsel for C’Ville, LLC, stated they were in favor
of the Board granting the permit. He explained that the existing plant is being retooled; 95% of
the activity that will be going on in the next few months will be happening inside the building.
There is a small “bricks and mortar addition to the building” to accommodate some additional
mechanical equipment for sterilization of the product. A stairwell would also be added along the
east side of the building. Other than that, there would not be a major change to the footprint of the
building.
Supervisor Williams stated that he was very familiar with the plan, noting that he was the
Code Enforcement Officer at the time the original plant was built (circa 2014).
Supervisor Williams asked if there any were further requests for privilege of the floor.
No further comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
JANUARY 19, 2022 5:05 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom
video and telephone conference as permitted by the Executive Order of the State of New York,
with Supervisor Williams presiding.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Councilman, Theodore V. Testa
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail
Albro; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda
Rainbow; Highway Sup’t. Larry Drach; Jim Gosher, Counsel for C’Ville, LLC/Byrne Dairy;
Cortland County Legislators: Eugene Waldbauer and Chris Newell; News Reporters: Kevin Smith
from the Cortland Voice; and Yuner Gao from the Cortland Standard.
Supervisor Williams called the Regular Meeting to order.
Councilman Testa made a motion, seconded by Councilman Guido, to approve the Draft
Special Town Board Minutes of December 29, 2021, and the Draft Town Board Minutes of
January 5, 2022. All voting aye, the motion was carried.
RESOLUTION #33 AUTHORIZE PAYMENT OF VOUCHERS – YEAR END 2021
(ABSTRACT #28)
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #1785-1795
HG, SF, SS, SW General Fund A $ 9,548.05
General Fund B $ 202.24
Highway Fund DA $ 0.00
Highway Fund DB $ 94.05
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 0.00
Water Fund SW $ 1,353.85
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 #(None)
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
RESOLUTION #34 AUTHORIZE PAYMENT OF VOUCHERS – JANUARY
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #11-72
HG, SF, SS, SW General Fund A $ 339,503.69
General Fund B $ 60,608.11
Highway Fund DA $ 0.00
Highway Fund DB $ 44,814.30
JANUARY 19, 2022 TOWN BOARD MEETING PAGE 2
Gutchess Lumber SC Project HG $2,515,000.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 1,073.33
Water Fund SW $ 14,690.16
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 #1-2
Trust & Agency TA $ 45,287.81
Expendable Trust TE $ 0.00
Supervisor Williams mentioned that there were no requests for privilege of the floor.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the
following monthly reports:
1) Town Justice LeFevre and Town Justice Mathey – December 2021;
2) Town Clerk – December 2021;
3) Cortland Community SPCA – December 2021;
4) Fire & Safety Inspector/Code Enforcement Officer – December 2021.
All voting aye, the motion was carried.
RESOLUTION #35 ACCEPT ANNUAL REPORT OF THE TOWN CLERK
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
BE IT RESOLVED, the Annual Report of the Town Clerk, as submitted by Town Clerk Kristin
E. Rocco-Petrella, RMC for the year 2021 is hereby accepted, and shall be received and filed.
Under old business there was discussion regarding the Aquifer Protection Permit
application submitted by C’Ville, LLC to permit the retooling of an existing manufacturing plant;
add 1,200 sq. ft. of mechanical space, construct a new truck scale/approach, and pave an additional
small area, for property located at 3156 Byrne Hollow Crossing, tax map #105.00-03-16.000,
105.00-03-17.000, 105.00-03-20.000, and 105.00-03-21.000. Attorney DelVecchio explained the
SEQRA process to the Board. He noted that the project was reviewed by the Town and County
Planning Boards and that the Town Planning Board unanimously granted the Conditional Permit.
The Board commenced their review of Part 2 of the SEQR Short Environmental Assessment Form
with Attorney DelVecchio reading the questions. The Board answered “no impact to small
impact” for all the questions.
RESOLUTION #36 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION
PERMIT #1 OF 2022 SUBMITTED BY C’VILLE, LLC FOR
PROPERTY LOCATED AT 3156 BYRNE HOLLOW CROSSING
AND AUTHORIZE SUPERVISOR TO SIGN THE SEQRA
APPLICATION
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by C’Ville, LLC to permit
the retooling of an existing manufacturing plant; add 1,200 sq. ft. of mechanical space, construct
a new truck scale/approach, and pave an additional small area, for property located at 3156 Byrne
Hollow Crossing, tax map #105.00-03-16.000, 105.00-03-17.000, 105.00-03-20.000, and 105.00-
03-21.000, and
JANUARY 19, 2022 TOWN BOARD MEETING PAGE 3
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of
C’Ville, LLC, Aquifer Protection Permit #1 of 2022, shall have no significant environmental
impact, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application
relating to Aquifer Protection Permit #1 of 2022.
RESOLUTION #37 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2022
SUBMITTED BY C’VILLE, LLC SUBJECT TO CONDITIONS
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #1 of 2022,
submitted by C’Ville, LLC to retool an existing manufacturing plant; add 1,200 sq. ft. of
mechanical space, construct a new truck scale/approach, and pave an additional small area, for
property located at 3156 Byrne Hollow Crossing, tax map #105.00-03-16.000, 105.00-03-17.000,
105.00-03-20.000, and 105.00-03-21.000, subject to the following conditions from the Town and
County Planning Boards:
1. That the applicant provide the Town a final site plan showing existing lot lines and the
total impervious surface of the project lots.
2. That if lot coverage requirements laid out in section 178-2.2a of the Code of the Town
of Cortlandville are not met, the applicant combine these lots with enough continuously
owned lots to meet said lot coverage requirements or apply for and obtain an area
variance to waive them.
3. That the existing 2013 stormwater pollution prevention plan (SWPPP) is modified per
section 178-90 of the Code of the Town of Cortlandville unless the applicant combines
these lots with enough continuously owned lots to result in the total impervious surface
area becoming less than 35% of the total predevelopment lot area.
4. That a final site plan be submitted to the Town including all information required by
section 178-71 of the Code of the Town of Cortlandville and showing compliance with
section 178-40 of the Code of the Town of Cortlandville.
5. That the applicant secure driveway permits from the Town Highway Superintendent
for all new driveway entrances.
6. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Under new business, Supervisor Williams explained that he recently spoke with the three
Cortland County Legislators representing the Town of Cortlandville and asked them to attend
Town Board meetings on occasion to open up the conversation between the Town and County
representatives. The Legislators could update the Board and the public on County matters, and
vice versa. Supervisor Williams introduced County Legislator, Eugene Waldbauer and County
Legislator, Chris Newell and offered them privilege of the floor.
Legislator Waldbauer thanked the Board for including him and Legislator Newell in the
meeting tonight. He explained that he is a 20-year resident of the Town and was raised in Cortland.
He previously served on the Cortlandville Town Planning Board until becoming a Cortland County
JANUARY 19, 2022 TOWN BOARD MEETING PAGE 4
Legislator. After two terms, he stepped back and did not run for re-election until 2019 and started
a new 4-year term in 2020.
Legislator Waldbauer explained that the entire County Legislature was elected for 4-year
terms commencing in 2020 and are halfway through their current term. Although the terms are
now four years, the Legislature decided to select a Chair every two years. At the County’s
organizational meeting, Kevin Fitch was selected as the Chair of the Cortland County Legislature.
The Chairman has the authority to place people on committees. Chair Fitch placed Legislator
Waldbauer on three committees: Buildings and Grounds, Highway Committee (which Chris
Newell is the Chair of), and the Judiciary and Public Safety Committee.
Legislator Waldbauer explained that at the recent Judiciary and Public Safety Committee
meeting they discussed the Town of Cortlandville and the Traffic Diversion Program. Cortland
County District Attorney, Patrick Perfetti, said that the previous Judges in Cortlandville elected
not to participate in the program. Legislator Waldbauer stated that from what he heard, the program
would bring revenue into the Town because the State returns a portion of the money that the Town
currently turns into the State. District Attorney Perfetti said that he has reached out to the Town's
new Judge to find out if there's a change in the Court's view of the program, because it is the
Judge's decision. There are other towns and counties in the State that do not participate in the
program. Legislator Waldbauer stated it is a complex issue and may not be an easy answer.
The County has a new Public Health Director, Nikki Anjeski. Legislator Waldbauer
mentioned that he was fortunate to be on the Hiring Search Committee and stated she was clearly
the standout candidate. He mentioned Director Anjeski’s recent press release regarding COVID,
in which New York State has determined that contract tracing is no longer an effective tool in
limiting the spread of COVID. The County is asking people to report positive cases on the County
website, but please do not call the County to report positive cases. And, in the case of the positives,
New York State Department of Health is supposed to provide orders for isolation, however people
should take action themselves and isolate.
Finally, Legislator Waldbauer asked the Board members what they want the legislators to
talk about at the Town Board meetings. Supervisor Williams stated that he wanted the setting to
be informal and that the purpose was to provide information to one another. Supervisor Williams
asked a question about the DA and the Traffic Diversion Program. He recalled that previously
both the Town Justices were not interested in participating in the Traffic Diversion Program. He
questioned whether participation in the program was up to each judge, or the Town as a whole.
It was Legislator Waldbauer’s understanding that it was up to the judge, but could not
answer if one Cortlandville Judge could participate if the other Cortlandville Judge chose not to.
County Legislator Chris Newell interjected and stated that the Town’s new Judge “has the ability
to either give a thumbs up or thumbs down to the Diversion Program”. Attorney DelVecchio
added that it was his understanding the decision was up to each individual judge. He mentioned
that he had a conversation with Justice DeMarco who indicated there should be uniformity as to
what happens in the Town on that issue.
Supervisor Williams stated there was a “definite dividing line between Courts and non-
Court activity in the Town or in any Municipality”, but questioned if the Town Board would be
involved in the decision in any way. Attorney DelVecchio stated it was up to the judges, however
if the Board chose to make a recommendation it was their prerogative. He and Supervisor
Williams would discuss the matter further.
Legislator Waldbauer mentioned that eight counties in the State participate in a traffic
diversion program, including Broome County and Onondaga County. There has also been
discussion about ethics and legality of the program and there are varying opinions. Legislator
Newell added that the program could be a short-lived program, however according to the numbers
from DA Perfetti, the “dollars that Cortlandville would reap are significant if the Traffic Diversion
Program gets approved.
Supervisor Williams thanked Legislator Waldbauer and Legislator Newell for attending
the meeting.
Under new business, Town Clerk Rocco-Petrella mentioned that the Winter edition of the
“Talk of the Town” newsletter was available to the public. The Town recently mailed Town
residents a postcard to notify them that the newsletter is available either online, by email or mail.
Those residents who are interested in receiving a copy of the newsletter were asked to complete a
form on the Town’s website (cortlandville.org) as to how they would like to receive their copy
(mail, email, website). She thanked all those involved in the newsletter and mailing, with special
thanks to Nick Alteri for his efforts.
Town Clerk Rocco-Petrella reminded the public that the 2022 Cortlandville Town/County
tax bills are due by January 31, 2022 without penalty. Her office would be open on Saturday,
January 29, 2022 from 9:00 a.m. - 12:00 p.m. for the purpose of tax collection.
JANUARY 19, 2022 TOWN BOARD MEETING PAGE 5
Attorney DelVecchio reported:
Solar Moratorium:
Attorney DelVecchio reminded those in attendance that the Solar Moratorium was still in
place. The Solar Committee completed its meetings and the proposed ordinance was written and
was in the process of being properly formatted by him. There was, however, one final piece to be
incorporated into the proposed ordinance called the Visual Impact Analysis. Committee Member,
Mike Barylski was working to complete the analysis and would provide it to Attorney DelVecchio,
who would then circulate it to the Solar Committee members to ensure they were all “on board”.
The analysis would then be incorporated into the finalized proposed ordinance. Once Attorney
DelVecchio completed the formatting of the document, he would provide it to the Supervisor’s
office to be added to a Town Board agenda. Mr. Barylski agreed to make a presentation to the
Board at that time.
Bond Anticipation Note – Gutchess Lumber Sports Complex:
Attorney DelVecchio reminded the Board they previously adopted a Bond Resolution for
the issuance of a Bond Anticipation Note for Phase 2 of the Gutchess Lumber Sports Complex
(GLSC). The proper notice was published in the Cortland Standard. He received an email
notification today from Fiscal Advisors that there’s been an award of the new money, $1.3 million
at the taxable interest rate of 0.62%, to NBT Bank, which is the dedicated bank of the Town. The
Town will have $1.3 million to dedicate to the new construction at GLSC. Supervisor Williams
was pleased with the low interest rate.
Under new business, Supervisor Williams asked for a motion to receive and file the
correspondence from three Town Board members regarding their audit of Town records.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the
following correspondence regarding the audit of Town records for the year 2021 as required:
a.) Correspondence from Councilman Theodore Testa, dated January 11, 2022, regarding
his review of the Town Clerk/Collector records for the year 2021;
b.) Correspondence from Councilman Gregory Leach, dated January 11, 2022, regarding
his review of the Town Justice records for the year 2021;
c.) Correspondence from Councilman Jeffrey Guido, dated January 12, 2022, regarding
his review of the Town Highway and Water/Sewer Department records for the year
2021.
All voting aye, the motion was carried.
Supervisor Williams reported:
EDF Renewables – Article 10 Solar Application:
Supervisor Williams mentioned that he and Attorney DelVecchio would be meeting with
Jack Honor, the Principal Manager for EDF Renewables, on Thursday (January 27, 2022)
regarding the proposed tri-town solar project involving the Towns of Cortlandville, Homer and
Solon. He would report back to the Board at a later date.
At this time in the meeting, the Board proceeded with new business items.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the
Annual Performance Report for the New York State Community Development Block Grant
Economic Development Grant for Seven Valley Specialty Cables (CDBG #287ED967-21), for the
period ending December 31, 2021. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the
fully executed New York State Community Development Block Grant Agreement between the
Town of Cortlandville and NYS Office of Community Renewal, effective January 12, 2021,
regarding the 2021 Townwide Housing Rehabilitation Grant (CDBG #287HR317-21). All voting
aye, the motion was carried.
JANUARY 19, 2022 TOWN BOARD MEETING PAGE 6
RESOLUTION #38 DESIGNATE THE COMMUNITY DEVELOPMENT BLOCK
GRANT ENVIRONMENTAL CERTIFYING OFFICER FOR
THE TOWN OF CORTLANDVILLE (CDBG #287HR317-21)
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
WHEREAS, the Town of Cortlandville was awarded a Community Development Block Grant
from the U.S. Department of Housing and Urban Development through the New York State Office
of Community Renewal, as administered by the State of New York; and
WHEREAS, the Town of Cortlandville is required to designate an environmental certifying officer
for the purpose of signing required environmental documents pertaining to this CDBG award; and
NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Cortlandville be
hereby designated as the Town’s environmental certifying officer for the purpose of signing
correspondence and other required documents and forms.
RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN DOCUMENTATION
REGARDING THE ENVIRONMENTAL REVIEW FOR THE
TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK
GRANT FOR HOUSING REHABILITATION
(CDBG #287HR317-21)
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
required documentation regarding the environmental review for the Town’s 2021 Community
Development Block Grant for Housing Rehabilitation (CDBG #287HR317-21).
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file
correspondence from Bond Schoeneck & King, dated January 4, 2022, commenting on behalf of
RT 13 Rocks, LLC (Cortlandville Sand & Gravel Mine) on the proposed Local Law of 2022
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.
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
correspondence from the Cortland County Soil & Water Conservation District, dated January 18,
2022, regarding the proposed Local Law of 2022 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 #40 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
SUIT-KOTE CORPORATION FOR FEBRUARY 2, 2022
AT 5:00 P.M.
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
JANUARY 19, 2022 TOWN BOARD MEETING PAGE 7
BE IT RESOLVED, a Public Hearing is hereby scheduled for February 2, 2022 at 5:00 p.m., or as
soon thereafter as the parties may be heard, via Zoom video and telephone conference concerning
an Aquifer Protection Permit application submitted by Suit-Kote Corporation regarding the
replacement of tanks and additional tanks for property owned by Cortland Asphalts, located at
1902 Lorings Crossing, tax map #77.00-01-22.000.
RESOLUTION #41 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
DAVID YAMAN FOR FEBRUARY 2, 2022
AT 5:00 P.M.
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled for February 2, 2022 at 5:00 p.m., or as
soon thereafter as the parties may be heard, via Zoom video and telephone conference concerning
an Aquifer Protection Permit application submitted by David Yaman regarding a proposed
warehouse/manufacturing facility project for property owned by Cortland Commerce Center,
LLC, located at 839 Route 13, tax map #95.00-10-01.100.
RESOLUTION #42 AUTHORIZE TOWN CLERK TO ADJUST THE WATER
CHARGE FOR THE 4TH QUARTER BILLING 2021 FOR
PROPERTY LOCATED AT 4329 COSMOS HILL ROAD
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSTAIN – Leach
ADOPTED
WHEREAS, a request was received from Timothy Chace to adjust the water charges for the 4th
Quarter Billing 2021 for Account #1261, for service to 4329 Cosmos Hill Road, tax map #76.17-
01-05.000, due to an error with the water meter causing high consumption prior to him moving
into the home, and
WHEREAS, Water & Sewer Sup’t. Brian Congdon reviewed the request and recommended the
Town adjust the water bill as the water meter was defective and was running backwards, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to adjust
the water charge for the 4th Quarter Billing 2021 in the amount of $84.78, and it is further
RESOLVED, the Town Clerk is further authorized to make an adjustment to the water benefit tax
to be charged in 2022 if necessary.
RESOLUTION #43 AUTHORIZE AND DIRECT THE TOWN ASSESSOR TO
GRANT EXEMPTIONS ON THE 2022 ASSESSMENT ROLL
PURSUANT TO THE AUTHORITY GRANTED BY
EXECUTIVE ORDER NO. 11.1 ISSUED BY THE GOVERNOR
OF THE STATE OF NEW YORK
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
WHEREAS, on December 26, 2021, Governor Kathy Hochul issued Executive Order No. 11,
declaring a State disaster emergency for the entire State of New Yo rk due to the COVID-19
pandemic; and
JANUARY 19, 2022 TOWN BOARD MEETING PAGE 8
WHEREAS, this State disaster emergency has resulted in limited hours in municipal offices in the
Town of Cortlandville and rendered senior citizens and individuals with disabilities residing in the
Town of Cortlandville homebound. These factors combined have made it difficult, if not
impossible, for many in these populations to file their real property tax exemption applications in
person and many, further, lack the ability to file such applications online; and
WHEREAS, in recognition of the above problems caused by the pandemic, Governor Hochul
issued Executive Order No. 11.1 on December 26, 2021, thereby extending Executive Order No.
11. This extension of the Governor’s Executive Order modifies subdivisions 7, 7-a and 8 of section
459-c of the Real Property Tx Law and subdivisions 5, 5-a, 5-b, 5-c and 6 of section 467 of the
Real Property Tax Law, the effect of which permits the governing body of an assessing unit (i.e.,
the Town Board of the Town of Cortlandville), to adopt a Resolution directing the Assessor to
grant exemptions on the 2022 assessment roll to all property owners who received such exemptions
on the 2021 assessment roll (i.e., senior citizens and individuals with disabilities with limited
income), thereby dispensing with the need for such persons to file renewal applications to request
such exemptions, and further dispensing with the requirement that assessors mail renewal
applications to such persons; and
WHEREAS, Executive Order 11.1 further allows the governing body of said assessing unit, in any
such Resolution, at its option, to include procedures by which its Town Assessor may require a
renewal application to be filed if he has reason to believe that an owner who qualified for the
exemption on the 2021 assessment roll may have since changed his or her primary residence, added
another owner to the deed, transferred the property to a new owner or died; and
WHEREAS, pursuant to said Executive Order, the Town Board of the Town of Cortlandville
wishes to adopt such Resolution directing the Town Assessor of the Town of Cortlandville to grant
exemptions on the 2022 assessment roll to all eligible senior citizens and individuals with
disabilities with limited income, and granting the Town Assessor of the Town of Cortlandville the
authority to require renewal applications for due cause, as discussed above, utilizing procedures
outlined below;
NOW THEREFORE, BE IT RESOLVED, pursuant to the authority granted by Executive Order
No. 11.1, issued by the Governor of the State of New York, that the Town Board of the Town of
Cortlandville hereby directs the Town Assessor of the Town of Cortlandville to:
1. Grant exemptions on the 2022 assessment roll to all individuals who received the senior
exemption on the 2021 assessment roll and all individuals who received the exemption on
the 2021 assessment roll because they were recognized as a person with disabilities and
limited income, thereby dispensing with the need for any such individuals to file renewal
applications for such exemptions, except that;
2. The Town Assessor may, in his sole discretion, require a renewal application to be timely
filed with his office if he has reason to believe that any such individual, who qualified for
the aforementioned exemption on the 2021 assessment roll, may have since changed their
primary residence, added another owner to the deed for the relevant property, transferred
such property to a new owner or died. If the Town Assessor requires such renewal
application to be filed, he shall notify the owner of the subject property of such requirement
by regular mail, with such notice shall contain instructions on how to file the renewal
application. Said renewal application may be returned by mail or by making an
appointment to drop same off at the Town Assessor’s office, 3577 Terrace Road, Cortland,
New York.
RESOLUTION #44 AUTHORIZE SUPERVISOR TO SIGN THE 2022 CONTRACT
WITH VALLEY VIEW GARDENS & LANDSCAPING, INC.
FOR LANDSCAPE MAINTENANCE AT
THE RAYMOND G. THORPE MUNICIPAL BUILDING
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
JANUARY 19, 2022 TOWN BOARD MEETING PAGE 9
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with Valley View Gardens & Landscaping, Inc. to provide landscaping and maintenance
at the Raymond G. Thorpe Municipal Building for the year 2022, for a total amount not to exceed
$2,715.00.
RESOLUTION #45 ADOPT COVID-19 ISOLATION AND QUARANTINE
PROTOCOL DATED JANUARY 10, 2022 AS TOWN POLICY
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the COVID-19 Isolation and Quarantine
Protocol dated January 10, 2022 as Town Policy, as provided by the Town’s Human Resources
consulting firm, HR1 Human Resources.
Supervisor Williams asked if there was any further business to come before the Board.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Cobb, to adjourn the Regular
Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:41 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 February 14, 2022.
The final version of this meeting was approved as written at the Town Board meeting of February 16, 2022.