HomeMy WebLinkAbout2022-07-06 Town Board Minutes
JULY 6, 2022 5:00 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW OF 2022
A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S
VACANT PROPERTY LAW IN THE
TOWN OF CORTLANDVILLE, NEW YORK
A Public Hearing was held by the Town Board of the Town of Cortlandville at the Peter
Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams
presiding, concerning a proposed Local Law of 2022, “A Local Law Adopting the Town of
Cortlandville’s Vacant Property Law in the Town of Cortlandville, New York”.
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; Highway Sup’t. Larry Drach;
Deputy Town Clerk, Abigail Albro; Recreation Director, John McNerney; Assistant to the
Supervisor’s Secretary, Amanda Rainbow; Richard Woodrome, Frederick Lindley and Wayne
Schutt from Disabled Americans Veterans Post 153; Jennifer McCracken; Airian Eastman,
Michael Eastman, and Alex Mikowski from Access to Independence of Cortland County Inc.;
Brandy Strauf, Gail Bundy and Greg Richards from CAPCO Adult Education Program; Courtney
Metcalf, Mike Biviano, Gere Henry and Kevin Whitney from the Cortlandville Fire Department;
Tabitha Scoville from Cortland County Historical Society; Adrianne Traub and Avery Barber from
Seven Valleys Health Coalition; Chris Delage from 4-H Camp Owahta; Tim Lockwood from
Catholic Charities of Cortland County; Ilya Shmulenson from Lime Hollow Nature Center; Christa
Boice and Heather Cobb from Lamont Memorial Free Library; Tammy Goddard, Heather Bozis,
Kathy Reynolds and John Reynolds from Josie’s Journey; Lindsay Palmer from McGraw School
Marching Band; Don Prior from The Chapel; and News Reporter: Yuner Gao from the Cortland
Standard. Others joining via Zoom video/telephone conference: Jill Konopka; News Reporter:
Kevin Smith from the Cortland Voice.
Supervisor Williams called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice.
Supervisor Williams asked if there any requests for privilege of the floor. No requests
were made.
No further comments or discussion were heard.
The Public Hearing was closed at 5:04 p.m.
JULY 6, 2022 5:04 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Peter
Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams
presiding.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John DelVecchio; Highway Sup’t. Larry Drach;
Deputy Town Clerk, Abigail Albro; Recreation Director, John McNerney; Assistant to the
Supervisor’s Secretary, Amanda Rainbow; Richard Woodrome, Frederick Lindley and Wayne
Schutt from Disabled Americans Veterans Post 153; Jennifer McCracken; Airian Eastman,
Michael Eastman, and Alex Mikowski from Access to Independence of Cortland County Inc.;
Brandy Strauf, Gail Bundy and Greg Richards from CAPCO Adult Education Program; Courtney
Metcalf, Mike Biviano, Gere Henry and Kevin Whitney from the Cortlandville Fire Department;
Tabitha Scoville from Cortland County Historical Society; Adrianne Traub and Avery Barber from
Seven Valleys Health Coalition; Chris Delage from 4-H Camp Owahta; Tim Lockwood from
Catholic Charities of Cortland County; Ilya Shmulenson from Lime Hollow Nature Center; Christa
Boice and Heather Cobb from Lamont Memorial Free Library; Tammy Goddard, Heather Bozis,
Kathy Reynolds and John Reynolds from Josie’s Journey; Lindsay Palmer from McGraw School
Marching Band; Don Prior from The Chapel; and News Reporter: Yuner Gao from the Cortland
Standard. Others joining via Zoom video/telephone conference: Jill Konopka; News Reporter:
Kevin Smith from the Cortland Voice.
Supervisor Williams called the Regular Meeting to order and welcomed all those in
attendance. He explained that the recipients of the grant funds from the Town’s American Rescue
Plan Act (ARPA) Grant Program were in attendance tonight to be presented with their checks.
Prior to the presentation, he asked for formal Board approval to authorize him to sign the
contract/agreement for all thirteen Not-For-Profit Organizations.
RESOLUTION #193 AUTHORIZE SUPERVISOR TO SIGN THE AMERICAN
RESCUE PLAN ACT (ARPA) GRANT PROGRAM
CONTRACT/AGREEMENT BETWEEN THE TOWN OF
CORTLANDVILLE AND THE 13 NOT-FOR-PROFIT
ORGANIZATIONS THAT WERE AWARDED FUNDS
TOTALING $60,000
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
American Rescue Plan Act (ARPA) Grant Program Contract/Agreement between the Town of
Cortlandville and the 13 Not-For-Profit Organizations that were awarded funds totaling $60,000
as follows:
1. Disabled Americans Veterans Post 153 - $5,000
2. Catholic Charities of Cortland County - $5,000
3. CAPCO Adult Education Program - $5,000
4. Cortland County Historical Society - $5,000
5. Lime Hollow Nature Center - $5,000
6. The Chapel - $5,000
7. Access to Independence of Cortland County Inc. - $5,000
8. Lamont Free Memorial Library - $3,000
9. 4-H Camp Owahta - Cooperative Extension of Cortland County - $5,000
10. Josie’s Journey- Canine Comfort Business, Lending a Caring Paw - $2,000
11. CNY Living History Center - $5,000
12. McGraw School Marching Band - $5,000
13. Seven Valleys Health Coalition - $5,000
JULY 6, 2022 TOWN BOARD MEETING PAGE 2
AND IT IS FURTHER, RESOLVED, the Town Board hereby authorizes the payment of the grant
funds to each individual organization, as included in the vouchers/bills for payment on July 6,
2022.
At this time, Supervisor Williams asked his Assistant, Amanda Rainbow to take the podium
for the presentation of the checks to the Not-For-Profit Organizations for the Town’s ARPA Grant
Program. The recipients were asked to stand in front of the Board to be presented with their checks
and to be formally congratulated for the work they do in the community.
Ms. Rainbow announced the Not-For-Profit Organizations to be awarded the grant funds
as follows:
1. Disabled Americans Veterans Post 153 - $5,000 for parking lot repairs, accepted by
Richard Woodrome.
2. Catholic Charities of Cortland County - $5,000 for a summer lunch program for Cortland
County, accepted by Tim Lockwood.
3. CAPCO Adult Education Program - $5,000 for an adult education program for ages 16-76,
accepted by Greg Richards.
4. Cortland County Historical Society - $5,000 to digitize historic audio and video cassettes,
accepted by Tabitha Scoville.
5. Lime Hollow Nature Center - $5,000 to covert a 1960’s barn into a classroom & workshop,
accepted by Ilya Shmulenson.
6. The Chapel - $5,000 for a Back-to-School Giveaway Program, accepted by Don Prior on
behalf of Jonathan North.
7. Access to Independence of Cortland County Inc. - $5,000 for a summer employment series
of education for the disabled, accepted by Alexandra Mikowski & Michael Eastman.
8. Lamont Free Memorial Library - $3,000 for a weekly program designed for homeschool
families, accepted by Heather Cobb & Christa Boice.
9. 4-H Camp Owahta – Cooperative Extension of Cortland County - $5,000 to perform
maintenance and repairs to cabins, accepted by Christopher Delage.
10. Josie’s Journey – Canine Comfort Business, Lending A Caring Paw - $2,000 to cover
software, marketing materials & supplies for comfort sessions, accepted by Tammy
Barrows-Goddard, Heather Bois, Kathy & John Reynolds.
11. CNY Living History Center - $5,000 for a carport project planned to refresh, enclose &
secure the space. Cindy Stoker was not able to attend to accept the award.
12. McGraw School Marching Band - $5,000 to purchase marching band equipment and
uniforms, accepted by Lindsay Palmer.
13. Seven Valleys Health Coalition - $5,000 for media & marketing materials to promote
Cortland Harvest, accepted by Adrianne Traub.
Supervisor Williams and Members of the Board congratulated the organizations and
wished them well in their projects.
Councilman Guido made a motion, seconded by Councilman Donlick, to approve the Draft
Town Board Minutes of June 15, 2022 and the Special Town Board Minutes of June 27, 2022. All
voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Planning Board Minutes of June 7, 2022. All voting aye, the motion was carried.
There was a brief discussion regarding the approval of the purchase order for Thomson
Reuters-West. Attorney DelVecchio explained that subscription charges and online database
charges were from 2020 to 2021 and that the Town did in fact receive the law books and utilize
the online services. However, the Town did not receive the invoices as the company emailed the
bills to Attorney DelVecchio instead of mailing them as they had always done in the past; the
emails went to the Town Attorney’s spam folder. He stated that he tried to negotiate with Westlaw
directly and was promised the Town would be given a competitive offer for an online subscription
program moving forward. He suggested the Board authorize the payments and to allow him to
continue to negotiate for online services moving forward. Attorney DelVecchio expressed that he
did not need hard copies and preferred the online database instead. Whether the Court would like
JULY 6, 2022 TOWN BOARD MEETING PAGE 3
hard copies instead of online services would be up to the Court. Supervisor Williams suggested
that the Town should have one full set of the books. Attorney DelVecchio would negotiate further
and proceed with the best option, to which the Board agreed.
RESOLUTION #194 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0195 TO THOMSON REUTERS-WEST FOR THE PURCHASE
OF LAW BOOKS AND UPDATES, AS WELL AS DATABASE
CHARGES FOR WEST INFORMATION ONLINE SERVICES
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0195 to be paid to Thomson Reuters-West for subscription charges for updates
to lawbooks (McKinney’s Consolidates Laws of New York) for the years 2020-2022 in the amount
of $9,640.00, and for the Westlaw online database subscription for the years 2020-2021 in the
amount of $3,358.39, for the total cost of $12,998.39.
RESOLUTION #195 AUTHORIZE PAYMENT OF VOUCHERS – JULY
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #805-908
HG, SF, SS, SW General Fund A $ 218,501.77
General Fund B $ 2,460.69
Highway Fund DA $ 0.00
Highway Fund DB $ 60,550.72
Gutchess Lumber SC Project HG $ 1,600.95
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 2,969.79
Water Fund SW $ 14,362.56
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 #18-21
Trust & Agency TA $ 54,376.08
Expendable Trust TE $ 0.00
Supervisor Williams explained there were no requests for privilege of the floor.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the
following monthly reports:
1. Fire & Safety Inspector, Desiree Campbell – May 2022;
2. Fire & Safety Inspector, Desiree Campbell – June 2022;
3. Code Enforcement Officer, Kevin McMahon – June 2022;
4. Water & Sewer Department – June 2022; and
5. Town Clerk – June 2022;
All voting aye, the motion was carried.
JULY 6, 2022 TOWN BOARD MEETING PAGE 4
RESOLUTION #196 ACCEPT 2022 TAX COLLECTOR’S SUMMARY
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the 2022 Tax Collector’s Summary as submitted by Town Clerk/Collector
Kristin E. Rocco-Petrella for the period of January 1, 2022 through July 1, 2022, is hereby accepted
and shall be received and filed.
Under old business, there was discussion regarding the proposed Local Law of 2022 – “A
Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of
Cortlandville, New York”. Supervisor Williams explained that he, Attorney DelVecchio, CEO
Kevin McMahon, CEO Desiree Campbell, and Cortlandville Fire District Commissioner, Kevin
Whitney collaborated for a few months to draft the proposed law. Several meetings were held,
and many conversations were had via email. Attorney DelVecchio thanked all those who were
involved in the proposed local law, with special thanks to Commissioner Whitney and his
colleagues at the Fire Department. He explained that, “the Town did not have a “mechanism to
allow the Town to give a tool to the Fire Department to allow them to be put on notice of vacant
buildings and hazardous issues, but it also allows for the public in general to have notice of some
of these buildings that have either been vacant for a period of time or just have issues.” He stated
that the local law was a good idea and that it was a matter of safety.
Supervisor Williams asked if any of the CVFD Members in attendance wanted to speak to
this matter.
Commissioner Whitney thanked Attorney DelVecchio for his hard work, stating he had not
given himself the credit he deserved for putting the local law together in a format that can actually
be enforced. He stated that the local law was a huge benefit for the community in general, as there
are several vacant properties in the Town. From a firefighter’s standpoint it is impo rtant to have
an idea of what is going on with some of the vacant properties. It was the fire department’s concern
that if they answer a call at a vacant building that they know whether or not a building is safe. It
was important to know if the building can be entered or not. He again thanked Attorney
DelVecchio for his work on the law.
On another note, Commissioner Whitney thanked all those involved with the Town Hall
of Fame Ceremony (held June 24, 2022). He stated that the effort and work that went into the
ceremony was incredible and that the individuals who were recognized were truly deserving to be
in the Hall of Fame. He mentioned that several of the individuals recognized were instrumental to
the success of the Fire Department.
With no further comments to be heard, Supervisor Williams asked for a vote on the
proposed local law.
RESOLUTION #197 ADOPT LOCAL LAW NO. 5 OF 2022, “A LOCAL LAW
ADOPTING THE TOWN OF CORTLANDVILLE’S VACANT
PROPERTY LAW IN THE TOWN OF CORTLANDVILLE, NEW
YORK”
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
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 Adopting the Town of Cortlandville’s Vacant Property Law in the Town of
Cortlandville, New York”, and
JULY 6, 2022 TOWN BOARD MEETING PAGE 5
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
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 5 of 2022, “A Local Law Adopting the Town of Cortlandville’s Vacant Property
Law in the Town of Cortlandville, New York”, 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.
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows:
SECTION 1. TITLE.
This local law shall be known as “A Local Law to Adopt the Vacant Property Law in the
Town of Cortlandville, New York.”
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town Board of the
Town of Cortlandville pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law.
It is intended and is hereby declared to address matters of local concern only and is intended to act
in furtherance of the Town’s authority with respect to existing zoning and land use laws and its
police powers, related to the planning and physical use of real property within the Town.
SECTION 3. PURPOSE AND INTENT.
This section regulates buildings that remain vacant and are unsightly, unsafe and have a
negative effect on their surroundings. Unfortunately, many buildings, once boarded, remain that
way for many years. The purpose of this chapter is to establish a program for identifying and
registering vacant buildings; to determine the responsibilities of owners of vacant buildings and
structures; to speed the rehabilitation of the vacant properties; and to minimize the adverse
impact(s) on the adjacent and surrounding neighboring properties.
SECTION 4. DEFINITIONS.
As used in this section, the following terms shall have the meanings indicated:
Enforcement Officer: A duly authorized representative of the Code Enforcement Office.
Owner: Those shown to be the owner or owners on the records at the Town of
Cortlandville’s Assessor’s Office, on a vacant building registration form, a mortgagee in
possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other
person, firm or legal entity in control of the premises. Any such person shall have a joint and
several obligation for compliance with the provisions of this chapter and shall be a responsible
party for compliance with the provisions of this law.
Secured: All means of ingress and egress, including but not limited to all doorways and
windows, shall be in a good state of repair, without any broken glass or other damage that might
allow entry or create an eyesore, and shall be securely locked.
Secured by Other Than Normal Means: A building secured by means other than those
used in the design of the building.
Unoccupied: A building which is not being used for an occupancy authorized by the
owner.
JULY 6, 2022 TOWN BOARD MEETING PAGE 6
Unsecured: A building or portion of a building which is open to entry by unauthorized
persons without the use of tools or ladders.
Vacant Building: A building or portion of a building which is unoccupied and unsecured;
unoccupied and secured by other than normal means; unoccupied and an unsafe building as
determined by the Code Enforcement Office; unoccupied and has multiple housing or building
code violations; illegally occupied; or unoccupied for a period of time over 180 days, and not
currently listed for sale.
SECTION 5. REGISTRATION REQUIRED.
The owner shall register with the Codes Department not later than 30 days after any
building in the Town becomes a vacant building or not later than 30 days after being notified by
the Code Enforcement Office of the requirement to register. The Codes Department may identify
vacant buildings through its routine inspection process as well as through notification by residents,
neighborhood associations and other community groups that a building may be eligible for
inclusion on the registry.
SECTION 6. REGISTRATION INFORMATION.
The registration shall be submitted on forms provided by the Code Enforcement Office
and shall include the following information supplied by the owner:
1. Description of the premises, including tax map number and property mailing address;
2. The names, mailing addresses, e-mail addresses, and telephone numbers of the owner or
owners;
3. The names, mailing addresses, e-mail addresses, and telephone numbers of any third party
with whom the owner has entered into a contract or agreement for property management
within a twenty-five-mile radius of the City of Cortland;
4. The names, mailing address, email address and telephone number of all known lien holders,
and all other parties with an ownership interest in the building;
5. A telephone number where a responsible party can be reached at all times during business
and non-business hours; and
6. A vacant building plan as described in Section 7.
SECTION 7. VACANT BUILDING PLAN.
The owner shall submit a vacant building plan which must meet the approval of the
Enforcement Officer. The plan, at a minimum, must contain information from one of the following
three choices for the property:
1. If the building is to be demolished, a demolition plan including the proposed time frame
for demolition.
2. If the building is to remain vacant, a plan for the securing of the building, along with the
procedure that will be used to maintain the property and a statement of the reasons why the
building will be left vacant.
3. If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for
the property is required. The rehabilitation plan shall not exceed 365 days, unless the
Enforcement Officer grants an extension upon receipt of a written statement from the
owner detailing the reasons for the extension.
Any repairs, improvements, alterations to or demolition of the property must comply with
any applicable zoning, housing, historic preservation or building codes and must be secured as per
local code, if applicable, during the rehabilitation. All expenditures necessary to comply with this
law is at the expense of the owner.
SECTION 8. CHANGES TO THE VACANT BUILDING PLAN.
All applicable laws and codes shall be complied with by the owner. The owner shall notify
the Enforcement Officer of any changes in information supplied as part of the vacant building
registration within 30 days of the change. If the plan or timetable for the vacant building is revised
in any way, the revisions must be in writing and must meet the approval of the Enforcement
Officer.
JULY 6, 2022 TOWN BOARD MEETING PAGE 7
SECTION 9. ALL VACANT BUILDINGS MUST BE SECURED.
All vacant buildings must be secured as defined in Section 4. Any vacant building that is
not so secured shall be promptly physically secured, meaning that all means of ingress and egress
at all floor levels shall be covered over so as to ensure the continued security of the building and
to reduce the negative impact on the neighborhood. The method of physically securing a vacant
building shall be proposed in writing and approved by the Code Enforcement Officer.
When it is required by this chapter that a building be physically secured, it shall be the
responsibility of the owner to have the electric, water, and gas service, if any, shut off from the
building by contacting the power provider's customer service. Service may not be reconnected
until repair and rehabilitation work or occupancy actually commences.
SECTION 10. MAINTENANCE OF ALL VACANT BUILDINGS.
In addition to securing the building required in Section 8, the following minimum
requirements shall be met for all vacant buildings:
1. The roof shall be structurally sound and weather tight;
2. All combustible trash and debris shall be removed from the building. Any portions of the
exterior of the main building or accessory buildings, including but not limited to walls,
porches, stairs, parapet walls and chimneys, that are deteriorated so as to be in danger of
collapse or to otherwise constitute a hazard or allow penetration of water into the building
shall be repaired or replaced or otherwise made safe and weather tight;
3. The grounds surrounding the building shall be cleared and kept cleared of all litter, rubble,
debris, trash and junk and of all grass or weeds in excess of six inches in height; and
4. All plumbing and heating systems that contain water shall be completely drained and kept
empty between October 15 and April 15, and an antifreeze solution shall be added to all
plumbing traps in the building. This shall not apply if the building is adequately heated
during that time period.
SECTION 11. INSPECTIONS.
The Codes Department shall examine or cause to be examined annually every vacant
commercial building as a Fire and Safety inspection, and the exterior of every vacant residential
building. Upon such inspection, if deemed unsafe, a follow up site visit will be required and
scheduled for a review by a competent design professional currently licensed by New York State,
at the owner’s expense, for reviewing the structural, mechanical, interior and exterior portions of
the property. Whenever the Code Enforcement Office shall find a vacant building, structure, or a
portion thereof to be an unsafe, they shall give the owner, agent or person in control of such
building or structure written notice stating the defects thereof.
In conjunction with the professional designer and the Codes Department, a determination
shall be made for the owner to comply with the Vacant Building Plan in Section 7.
Nothing contained herein, however, shall diminish the owner's right to insist upon the
procurement of a search warrant from a court of competent jurisdiction by the Enforcement Officer
or their designee in order to enable such inspection, and the Enforcement Officer shall be required
to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the
premises after having been advised of their constitutional right to refuse entry without same.
SECTION 12. VACANT BUILDING REGISTRATION FEES.
The owner of a vacant building shall pay an annual fee of $500 for residential buildings
and $1,000 for commercial building for the period the building remains a vacant building.
SECTION 13. VACANT PLACARDING.
After a structure has been deemed vacant pursuant to this Town of Cortlandville’s Vacant
Property Law, the property shall be posted with information for interested parties.
Additionally, if there are code violations or the property is deemed unsafe by the Town
Building Code Department, the property will also be placarded with a red box with a white “X” to
alert the public that the building is unsafe.
JULY 6, 2022 TOWN BOARD MEETING PAGE 8
SECTION 14. CONTACT TOWN BUILDING CODE DEPARTMENT.
Once a building has been deemed vacant, the property owner or agent shall contact the
Town of Cortlandville Building Code Department before any work is performed on the structure.
The Building Code Department can be reached by phone at (607) 756-7490 or in person at the
Raymond G. Thorpe Municipal Building at 3577 Terrace Road.
SECTION 15. PENALTIES FOR OFFENSES.
Anyone violating any of the provisions of this chapter shall, upon conviction thereof, be
punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15
days, or by both such fine and imprisonment.
SECTION 16. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder hereof, but shall be confined in operation to the clause, sentence,
paragraph, section or part hereof directly involved in the controversy in which such determination
shall have been rendered.
SECTION 17. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time
of the effective date.
Under new business, Town Clerk Rocco-Petrella informed the Board that the Town’s
telephone provider, Windstream Communication would be terminating service effective August
2, 2022. She recalled that in April 2022 the Board authorized the Supervisor to sign a new contract
with Windstream. Less than a week later the Town received service cancellation notices. The
Town Bookkeeper, Town Clerk, and Water/Sewer Superintendent followed up with the Town’s
Windstream Account Representative who indicated that the Town could continue its service and
would provide a new contract to be signed. However, approximately a week and a half ago the
Account Representative sent a communication that the Town’s service would be terminated
August 2, 2022. Town Clerk Rocco-Petrella and Supervisor Williams were working on a solution
and quotes for an upgraded system that would accommodate the needs of the various departments,
including the Town’s pump stations. The Town would have to act quickly to switch service and
complete the upgrades. The new system would be IP based and would provide more options and
services than the Town’s current phone system and service provider offer. While the deadline to
make the conversion was approaching quickly, Supervisor Williams indicated that a new updated
system would provide benefits such as connecting the phone system for all Town buildings,
including the Town Hall, Court, Water/Sewer Department, and Highway Department. More
discussion would be had on the matter, as action was needed quickly.
In other business, Town Clerk Rocco-Petrella mentioned that the July water/sewer bills
were mailed June 30th and are payable by July 31, 2022 without penalty. The Summer edition of
the Town Newsletter, Talk of the Town was released on June 21, 2022. Copies were available at
the Town Hall or on the Town’s website, cortlandville.org. Town Clerk Rocco-Petrella also
mentioned that the Cortland County Junior Fair was being held this week. She urged the public to
attend the Fair and to support the youth in the community.
Attorney DelVecchio reported:
Attorney DelVecchio recalled that after discussion at the last Town Board meeting
regarding videoconference meetings and amendments to the Public Officers Law - Open Meetings
Law, he researched the matter and drafted a proposed local law that he would circulate to the Board
in the next few days. He explained that in order for municipalities to continue to use technology
like Zoom to conduct public meetings, which were necessary during COVID, the Legislature wants
each town to comply with further amendments of the Public Officers Law. There is a requirement
now that if a municipality intends on conducting a videoconference for any public body, that it
adopts a local law authorizing the town to do so. He explained that the draft law would be
JULY 6, 2022 TOWN BOARD MEETING PAGE 9
circulated to the Board in the next few days. He stated that the Town Board, Planning Board and
ZBA have had success conducting the videoconference meetings and that it was a nice tool to have
in the event that another COVID outbreak occurs, or if a councilmember is out of town they can
remotely.
Supervisor Williams voiced his support for such a local law, if for no other reason that it
was unsafe to meet in person. He mentioned that he attended a virtual meeting last week with
people in different locations, which was convenient. With advances in technology, it made sense
to move forward with the local law. After further discussion it was decided that Attorney
DelVecchio would formally present the local law at the next meeting, at which time the Board
could acknowledge receipt and schedule a public hearing.
Town Board Member Reports:
Councilman Donlick recalled that he was asked to look into electric vehicle chargers after
being approached by an organization to install them for free and let the Town share in the profits.
He and another Board member communicated and met with two different companies; one of the
companies was more responsive than the other. Councilman Donlick previously provided the
information to the Board and to Attorney DelVecchio for review. He stated that at some point the
Board would have to decide on what action to take.
Attorney DelVecchio thanked Councilman Donlick for his work. He mentioned that he
reviewed the proposed contract with Greenspot. Two items stuck out to him: 1. Greenspot would
pay the Town 10% of the profits on a quarterly basis; 2. There was a no compete clause, in which
the Town would have to get permission from Greenspot to sign on with another company.
Supervisor Williams asked if the Board wanted to move forward. Councilman Donlick
made a motion to move forward with the contract with Greenspot electric vehicle chargers.
RESOLUTION #198 AUTHORIZE SUPERVISOR TO SIGN THE SITE HOST
AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE
AND GREENSPOT JC, LLC TO PROVIDE ELECTRIC
VEHICLE CHARGING SERVICES FOR THE TOWN OF
CORTLANDVILLE
Motion by Councilman Donlick
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Site Host Agreement between the Town of Cortlandville and Greenspot JC, LLC to provide
electric vehicle charging services for the Town of Cortlandville.
Councilman Leach thanked Highway Superintendent Drach and his crew for their work on
Ely Road, which was recently paved. He also commended the Cortland Standard for a well-
written article about the history of the county around the 4th of July.
Councilman Cobb apprised the Board that the Comprehensive Plan Implementation
Committee would be meeting on July 18, 2022. The Committee was making progress and was
about ¾ of the way through the short-term goals.
Supervisor Williams mentioned that at the end of the regular business items the Board
would convene to an executive session to discuss personnel and contracts. The Board may take
action afterwards.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file
correspondence from Thoma Development Consultants, dated June 15, 2022, updating the Board
with regard to the NYS Community Development Block Grant for Seven Valley Specialty Cables
(CDBG #287ED967-21). All voting aye, the motion was carried.
JULY 6, 2022 TOWN BOARD MEETING PAGE 10
RESOLUTION #199 ACKNOWLEDGE THE SIGNING OF THE NYS COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) CLOSEOUT
DOCUMENTS FOR THE 2019 TOWN-WIDE HOUSING
REHABILITATION GRANT PROGRAM (CDBG #287HR323-
19) AND THE SUCCESSFUL COMPLETION OF THE GRANT
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge that the Supervisor signed the
NYS Community Development Block Grant (CDBG) Closeout Documents for the 2019 Town -
wide Housing Rehabilitation Grant Program, and it is further
RESOLVED, the Town Board hereby acknowledges the successful completion of the Town’s
NYS CDBG and receipt of the Certificate of Completion, by receiving and filing the
correspondence and Closeout Documents from the New York State Office of Homes and
Community Renewal dated June 27, 2022.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file
correspondence from the State of New York Office of Renewable Energy Siting, received June
15, 2022, regarding the Homer Solar Energy Center, LLC filing an application with the Office of
Renewable Energy on July 22, 2021 to construct and operate a 90-megawatt solar energy facility
located in the Towns of Homer, Cortlandville, and Solon, Cortland County, and the Public
Comment Hearing to be held on Tuesday, August 2, 2022 at 5:00 p.m. at the Center for the Arts
in Homer, New York. All voting aye, the motion was carried.
RESOLUTION #200 ACKNOWLEDGE JULIE M. GROSS, REAL PROPERTY
ASSISTANT FOR THE SUCCESSFUL COMPLETION OF THE
CIVIL SERVICE EXAM
Motion by Councilman Guido
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge and congratulate Julie M. Gross,
Real Property Assistant for the successful completion of the Civil Service Exam in the top three
percentile, and it is further
RESOLVED, the provisional appointment of Julie M. Gross as Real Property Assistant is now a
permanent appointment.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Kaitlin Francher dated June 8, 2022, regarding her support for the Homer,
Cortlandville & Solon Solar Energy Project of EDF Renewables. All voting aye, the motion was
carried.
Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file
correspondence from the Ray Burger, Director of Planning for the Town of Dryden, dated June
17, 2022, regarding the Town of Dryden Comprehensive Plan Amendment and continuation of the
June 16, 2022 public hearing on July 21, 2022. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file
correspondence from Young/Sommer, LLC representing the Homer Solar Energy Center, LLC
(HSEC), dated June 29, 2022, regarding the Application of HSEC (Matter No. 21-00976) for a 94-
c Permit for Major Renewable Energy Facility, as well as the “Joint Application for a Permit
pursuant to Section 404 of the Clean Water Act”. All voting aye, the motion was carried.
JULY 6, 2022 TOWN BOARD MEETING PAGE 11
RESOLUTION #201 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES
USED FOR TOWN BUSINESS FOR THE YEAR 2022 AS
REVISED BY THE IRS TO BE EFFECTIVE JULY 1, 2022
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for town
business, is hereby established at the Federal IRS mileage rate (revised June 9, 2022) for the year
2022 (62.5 cents per mile) and is subject to audit by the Town Board, effective July 1, 2022.
RESOLUTION #202 AUTHORIZE SUPERVISOR TO SIGN THE CONTRACT WITH
SMITH SITE DEVELOPMENT, LLC FOR GUTCHESS
LUMBER SPORTS COMPLEX PHASE 2
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract between the Town of Cortlandville and Smith Site Development, LLC for Gutchess
Lumber Sports Complex Phase 2, as awarded at the Special Town Board Meeting held June 27,
2022, for the total cost of $3,152,189.00.
No further comments or discussion were heard.
Councilman Guido made a motion, seconded by Councilman Donlick to recess the Regular
Meeting to an Executive Session to discuss contracts and personnel. All voting aye, the motion
was carried.
The meeting was recessed at 5:49 p.m.
Councilman Leach made a motion, seconded by Councilman Guido, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 6:31 p.m.
Members of the public were invited to return to the meeting at this time.
RESOLUTION #203 APPROVE PROPOSAL FROM BEARD ELECTRIC, LLC FOR
UPGRADES TO THE TOWN OF CORTLANDVILLE’S ENTIRE
TELEPHONE SYSTEM AND AUTHORIZE THE TOWN CLERK
TO SIGN THE AGREEMENT WITH NEC UNIVERGE BLUE
AND MYTELPROS (MTP) TO PROVIDE TELEPHONE
COMMUNICATION SERVICES
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #130 of 2022, adopted April 20, 2022, the Town Board
authorized the Supervisor to sign a 36-month renewal contract between Windstream and the Town
of Cortlandville regarding the Town’s landline telephones, and
WHEREAS, on April 25, 2022, the Town received communication (dated April 15, 2022) from
Windstream Enterprise that the Town’s telephone service would be terminated and disconnected
effective August 2, 2022 resulting in the need to find an alternate provider, and
JULY 6, 2022 TOWN BOARD MEETING PAGE 12
WHEREAS, as a result of the letter, the 36-month renewal contract was not signed by the
Supervisor and research was conducted to find a new provider that could accommodate and
upgrade the Town’s phone system to include the Town Hall, Water/Sewer Department, Highway
Department, and the Town’s seven pump stations located throughout the Town, and
WHEREAS, it was determined that the Town’s telephone system must be upgraded to
accommodate a cloud-based communication system and a proposal was provided by Beard
Electric, LLC to replace the telephone system, including the integration of the pump stations and
Highway Department for a cost not to exceed $3,691.00 to Beard Electric plus a $15.00 monthly
subscription fee for each pump station (total $1,260.00 per year), and a proposal from NEC
Univerge Blue to provide communication services, equipment, and the
installation/training/programming thereof for the approximate one-time fee of $2,615.40 and the
approximate monthly charges of $1,040.15 to be paid by voucher, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to sign the
proposal from Beard Electric, LLC to replace the telephone system for a cost not to exceed
$3,691.00 plus the $15.00 monthly subscription fee per pump station, and it is further
RESOLVED, the Town Board further authorizes the Town Clerk to sign the agreement with NEC
Univerge Blue and Mytelpros (MTP) to provide communication services for the Town of
Cortlandville to be billed monthly, with a one-time fee not to exceed $2,615.40 for the
installation/training/programming of the new system.
RESOLUTION #204 AUTHORIZE HIRING RICHARD C. TUPPER AS A
FINANCIAL ADVISOR TO THE TOWN OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to hire
Richard C. Tupper as a Financial Advisor to the Town of Cortlandville, effective July 1, 2022
through December 31, 2022, at a rate of $2,000.00 per month, with an option to renew his services.
No further comments or discussion were heard.
Supervisor Williams adjourned the Regular Meeting at 6:34 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 July 15, 2022.
The final version of this meeting was approved as written at the Town Board meeting of July 20, 2022.