HomeMy WebLinkAbout2022-10-05 Town Board Minutes
OCTOBER 5, 2022 5:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Gutchess Lumber Sports Complex & Park, 3111 Byrne Hollow Crossing, 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;
Assistant to the Supervisor, Amanda Rainbow; Deputy Chief, Mike Biviano of the Cortlandville
Fire Department; Town residents: Larry and Teresa Biviano; Barbara Leach; News Reporters: Jack
& Mike Eves from WXHC; and Eddie Velasquez from the Cortland Voice.
Prior to the opening of the meeting, a dedication ceremony was held to honor the memory
of Jim Yaman and the donation received from the Yaman Foundation for the Gutchess Lumber
Sports Complex & Park. Supervisor Williams acknowledged Mr. Yaman’s sons, David and Paul
Yaman, who were in attendance to see the unveiling of the plaque installed in front of the
playground which read, “In loving memory of Jim Yaman. A caring member of our community.
Donation made by the Yaman Foundation.” Supervisor Williams spoke highly of Mr. Yaman and
his many contributions to the community. Those in attendance applauded the Yaman family and
thanked the Foundation for their generosity.
Supervisor Williams called the Regular Meeting to order at 5:08 p.m.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the
Cortlandville Planning Board Minutes of August 30, 2022. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Cobb, to approve the Draft
Town Board Minutes of September 7, 2021 and the Draft Town Board Minutes of September 21,
2022. All voting aye, the motion was carried.
RESOLUTION #268 AUTHORIZE PAYMENT OF VOUCHERS – OCTOBER
Motion by Councilman Donlick
Seconded by Councilman Leach
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 #1313-1366
HG, SF, SS, SW General Fund A $ 46,036.28
General Fund B $ 2,546.85
Highway Fund DA $ 0.00
Highway Fund DB $ 16,500.62
Gutchess Lumber SC Project HG $ 3,487.50
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 1,551.15
Water Fund SW $ 4,583.35
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
Supervisor Williams acknowledged that there were no requests for privilege of the floor.
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 2
RESOLUTION #269 ACCEPT THE GASB STATEMENT NO. 75 ANNUAL REPORT
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the GASB Statement No. 75 Annual Report, Other Post-Employment
Benefits, dated January 1, 2022 for the reporting date December 31, 2022 as prepared by Armory
Associates, LLC Actuarial Consulting Group, 250 South Clinton Street, Suite 502, Syracuse, NY
13202, is hereby accepted and shall be received and filed.
Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the
following monthly reports:
1. Code Enforcement Officer, Kevin McMahon – September 2022;
2. Water & Sewer Department – September 2022; and
3. Town Clerk – September 2022.
All voting aye, the motion was carried.
Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file
correspondence from Charter Communications, dated September 23, 2022 and two dated
September 30, 2022 regarding programming services. All voting aye, the motion was carried.
RESOLUTION #270 ACKNOWLEDGE RECEIVING 2023 TENTATIVE BUDGET
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge that the Town Clerk received the
2023 Tentative Budget on September 29, 2022 and has presented it to the Town Board members,
in accordance with Town Law.
Attorney DelVecchio reported:
Aquifer Protection Permit Application Submitted by Regan Development:
Attorney DelVecchio apprised the Board they were in receipt of a formal application from
Regan Development for a 4-story mixed use building, containing multi-family units (68) and
commercial/retail space (6,278 sf) on the first floor. He explained that there is a rule in the Town
Code that requires residential dwellings of 4 units or more to have 2 means of emergency access.
With regard to the application of Regan Development and the configuration of the property, it will
be hard for the developers to configure the project to make that happen.
Attorney DelVecchio stated that the Town Code Enforcement office and the Cortlandville
Fire Department (CVFD) had discussions to address this issue in general; not solely for the benefit
of Regan Development. He explained that one reason the Code was written as it was, was due to
the technology available to the fire department at the time. However, technology has changed and
improvements have been made. A suggestion was made to allow for one road, and Attorney
DelVecchio drafted a proposed local law to address the issue in the Town Code. However, in his
research he learned that the State Fire Code requires two emergency access road for egress for
buildings over 30 feet in height. If the Town amended its code to remove the requirement for 2
access roads it would not preempt the State Fire Code and therefore would have no impact on the
proposed 4-story Regan Development project.
Attorney DelVecchio asked the Board to discuss the matter before he put any further work
into drafting a local law amendment, reiterating that if the Board moves forward with changing
the Code it would only benefit properties less than 30 ft. in height. He also explained that
applicants could seek a use variance from the Town ZBA to accomplish the same thing.
Councilman Guido asked if the Town needed permission to change the law. Attorney
DelVecchio explained that the Town does not need permission to change the local law [after
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 3
completing the required process], however the Code cannot supersede State Fire Code. If the State
Fire Code says you must have two access roads for buildings 30 ft. high, then there must be two
access roads. Councilman Guido requested input from CVFD.
Mike Biviano, Deputy Chief of CVFD explained the reasons behind the State Fire Code,
giving the example of the dual access for apartment complexes such as the Village Terrace
Apartments. He explained that technology has changed and the way that fires are fought has
changed. Deputy Chief Biviano informed the Board that the CVFD spoke at great lengths with
representatives from Regan Development and the Town Code Enforcement Office and would
support a split highway similar to the Walden Oaks residential development.
Supervisor Williams stated there is a problem with the way the State Fire Code is written
in terms of the distance between two points of access. He talked with Attorney DelVecchio and
Kevin Whitney from the CVFD regarding the matter and suggested the Board do nothing at this
point and instead let Regan Development’s architects, engineers and attorneys see if they can alter
the plan.
Attorney DelVecchio stated he would reiterate that the CVFD is in support of the project
but that there are some rules and logistics the Town cannot change. The Town’s intent is to make
sure the project is done legally.
Complaint Concerning Roosters:
Attorney DelVecchio apprised the Board that complaints have been made concerning
roosters at a residential property in the Town of Cortlandville. Notices of violation have been sent
by the Town. He was attempting to resolve the matter before it ends up in court. He explained
there is a zoning provision in the R-1 district that allows for roosters, subject to site plan approval
from the Town Planning Board. In this situation, the owner of the roosters does not have a permit.
Attorney DelVecchio asked the owner to seek a permit from the Planning Board, however the
owner was concerned with the permit application fee of $750.
Attorney DelVecchio agreed with the need for application fees, however he suggested that
the application fee for roosters may not be the same as a developer proposing a multi-million-
dollar project. He asked whether the Town Board would consider lowering the permit fee for site
plan applications with respect to any permitted uses in residential R-1 under Section 178-18(B)(1),
which includes “farm uses, including but not limited to: forestry, dairy and beef cattle, sheep, pigs,
horses, goats and fowl”.
Discussion occurred amongst the Board. Councilman Donlick mentioned the NYS Right
to Farm laws asked whether any of those laws contradict our Town codes. The Board discussed
harboring domestic animals and dog licensing fees. Councilman Leach suggested the Board
reduce the application fee for animals according to Section 178-18(B)(1) to $50.00, to which the
Board agreed.
RESOLUTION #271 AMEND TOWN FEE SCHEDULE TO REDUCE THE FEE TO
$50.00 FOR ANY AND ALL SITE PLAN APPLICATIONS WITH
RESPECT TO PERMITTED USES ACCORDING TO TOWN
CODE SECTION 178-18(B)(1) SPECIFIC TO FARM USES
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby amend the Town Fee Schedule to reduce the fee
to $50.00 for any and all site plan applications with respect to permitted uses according to Town
Code Section 178-18(B)(1) specific to farm uses, including but not limited to: forestry, dairy and
beef cattle, sheep, pigs, horses, goats and fowl.
Sponsorship for GLSC:
Attorney DelVecchio apprised the Board he was working with Base Sports Group to broker
a deal between the Town and Guthrie Medical Center regarding sponsorship for the Gutchess
Lumber Sports Complex. The matter would be discussed at a later date.
Proposed Local Law – Private Fire Hydrant Law in the Town of Cortlandville:
Attorney DelVecchio apprised the Board he drafted a proposed local law titled, “Private
Fire Hydrant Law in the Town of Cortlandville”. The purposed of the law was to facilitate the
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 4
inspection of privately owned fire hydrants in the Town of Cortlandville. He explained that all
Town-owned hydrants are inspected on an annual basis by the Town Water/Sewer Department.
Hydrants located on private property are not required to be inspected. Deputy Chief, Mike Biviano
explained that CVFD is concerned with privately owned hydrants and want to make sure they are
maintained and working when needed. He recalled there was a recent fire at the Destiny Mall in
Syracuse, New York. The fire department tried to use the private hydrants to fight the fire and the
hydrants did not work.
Attorney DelVecchio explained that the intent of the local law was to put an obligation on
the private landowner for the hydrant to be inspected annually. The local law would give the Town
the authority to make sure the inspection occurs. One of the issues that arose when drafting the
law was whether a private company or the Town would conduct the inspection and whether a fee
would be involved. Attorney DelVecchio stated that he left it open -ended in the draft expecting
the Board to have discussion. His concern was that if the Town leaves the inspection up to the
property owner, the inspection may not get done. The Town would then have to enforce the matter
and could potentially end up in court. Attorney DelVecchio suggested the Town conduct the
inspections of the private hydrants (approximately 40 privately owned).
Attorney DelVecchio mentioned that he provided the draft local law to CVFD
Commissioner, Kevin Whitney for review. Mr. Whitney responded with his comments, which
Attorney DelVecchio would incorporate into the law. He asked the Board to take no action on the
draft that was provided to them, but to wait until they receive a revised draft.
Councilman Cobb suggested the Town Water/Sewer Department conduct the inspections
for consistency; the same test should be done on every hydrant. The Board also agreed there
should be a charge to conduct the annual inspection, which Supervisor Williams thought would be
less than what a private company would charge to conduct the test.
Councilman Leach questioned whether there would be a provision in the local law
regarding hydrants that fail the annual inspection and the amount of time they have to correct the
problem. Deputy Chief Biviano suggested there be a 30-day or 60-day order to remedy the
problem. Attorney DelVecchio stated he would talk to Mr. Whitney if he had any further questions
while drafting the local law.
Town Board Member reports:
Councilman Guido apprised the Board that he has been attending the County’s
Redistricting Committee meetings as the Town’s representative. He would report back to the
Board with any pertinent information.
Councilman Donlick informed the Board he spoke with Town residents regarding their
concerns over the noise from the use of jake brakes on Route 222. He questioned whether there
was a remedy to the problem. Highway Superintendent Drach mentioned that he has talked to the
NYS DOT and to the County Highway Department regarding the concerns. Supervisor Williams
added that the Town has little control over the matter but would do everything it could for its
residents. Town Clerk Rocco-Petrella recalled that the Town made a request to the NYS DOT in
2020 for the installation of signage on Route 222 for “no jake brakes” and was denied for safety
reasons.
Supervisor Williams reported:
On a personal note, Supervisor Williams thanked his Assistant, Amanda Rainbow,
Members of the Board, and staff at the Town for their efforts and concern over the past few weeks
after his wife Jean was involved in a serious car accident. He stated that extra effort was put forth
during his absence and asked for his appreciation to be on the record.
Supervisor Williams congratulated Highway Department employee Robert Brown for
obtaining his CDL License which would change his title from Laborer to Motor Equipment
Operator. He noted the importance of the license which would permit him to plow snow this
winter. Supervisor Williams asked the Board to adopt a resolution to authorize the increase in his
hourly rate with the Board’s congratulations.
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 5
RESOLUTION #272 ACKNOWLEDGE TOWN HIGHWAY DEPARTMENT
EMPLOYEE, ROBERT BROWN FOR OBTAINING HIS CDL
LICENSE AND AUTHORIZE THE TITLE CHANGE AND
WAGE INCREASE TO A MOTOR EQUIPMENT OPERATOR
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge Town Highway Department
employee Robert Brown for obtaining his CDL License and authorizes the title change and wage
increase from Laborer (Rate C - $20.62) to Motor Equipment Operator at the hourly rate of $22.02,
effective October 3, 2022.
Trail Access Agreement between the Town and C’Ville, LLC:
Supervisor Williams apprised the Board that the Trail Access Agreement between the
Town of Cortlandville and Byrne Dairy (C’Ville, LLC) was executed. The Town now has access
from its trails at Gutchess Lumber Sports Complex (GLSC) to the Lime Hollow Nature Center
trail system through adjoining properties. He explained that the Town Highway Department
completed work on a portion of the trail this past year and could continue their work. The Homer
High School and Cortland High School cross country teams would use the trail as their home
course for cross country races. TC3 may use the trails as well. Supervisor Williams stated that
the trail is another example of how GLSC is much more than a baseball complex; “it is community
involvement”, and pointed out the playground, bocce court, horseshoe pits. He thanks Highway
Superintendent Drach and his crew in advance for their work on the trail.
Food Trailer Inspections:
Supervisor Williams mentioned that there was an explosion on a new food trailer last
weekend at the Cortland Pumpkinfest. He was in contact with CVFD Commissioner, Kevin
Whitney and intends to draft regulations for the inspection of food trailers/trucks in the Town of
Cortlandville.
RESOLUTION #273 AUTHORIZE SUPERVISOR TO SIGN THE NEW YORK STATE
EMPIRE STATE DEVELOPMENT (ESD) M/WBE AND SDVOB
PARTICIPATION / EQUAL EMPLOYMENT OPPORTUNITY
POLICY AND STATEMENT AND PAYMENT REPORT
REGARDING THE TOWN’S GRANT FROM ESD FOR THE
GUTCHESS LUMBER SPORTS COMPLEX PHASE 2
(ESD PROJECT NO. 133,379)
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the New
York State Empire State Development (ESD), Office of Contractor and Supplier Diversity,
M/WBE and SDVOB Participation / Equal Employment Opportunity Policy and Statement and
Payment Report, dated October 4, 2022, pertaining to the Town’s ESD Grant for Gutchess Lumber
Sports Complex Phase 2, (ESD Grant Project No. 133,379).
RESOLUTION #274 AUTHORIZE REFUND OF BUILDING PERMIT FEE PAID BY
CHERYL BARBER DUE TO THE CANCELLATION OF HER
POOL PROJECT
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 6
WHEREAS, the Town Board received a request from Cheryl Barber for a refund of the $76.00
building permit fee (permit #22-073) paid for an above ground pool for her property located at
3433 Page Green Road in the Town of Cortlandville, tax map #96.00-01-22.000, due to the
cancellation of the project as a result of unforeseen costs, therefore
BE IT RESOLVED, the Town Board hereby authorizes a full refund of $76.00 to Cheryl Barber
for payment of a building permit (#22-073) for a project that was cancelled due to unforeseen
costs, and it is further
RESOLVED, correspondence from Kevin McMahon, Town Code Enforcement Officer, dated
September 22, 2022 is hereby received and filed.
RESOLUTION #275 AMEND TOWN BOARD RESOLUTION #355 OF 2021,
“AMEND TOWN BOARD RESOLUTION #344 OF 2021 –
ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR
THE YEAR 2022” TO ELIMINATE THE TOWN BOARD
MEETING SCHEDULED FOR NOVEMBER 2, 2022
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby amend Town Board Resolution #355 of 2021,
“Amend Town Board Resolution #344 of 2021 – Establish Schedule of Town Board Meetings for the Year
2022”, adopted December 29, 2021, to eliminate the Town Board Meeting scheduled for November
2, 2022, and it is further
RESOLVED, the first Town Board Meeting to be held in November shall be on Wednesday,
November 9, 2022 at 5:00 p.m.
RESOLUTION #276 AUTHORIZE CHANGE ORDER NO. 2 SUBMITTED BY CHA
CONSULTING, INC. FOR THE GUTCHESS
LUMBER SPORTS COMPLEX PHASE 2
Motion by Councilman Guido
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 execute
Change Order No. 2 submitted by CHA Consulting, Inc., dated September 20, 2022, for the
Gutchess Lumber Sports Complex Phase 2, to adjust the size of the dugout pads to correspond to
the Town built dugouts, at the Town’s request, at a cost yet to be determined.
There was discussion regarding correspondence from the New York State Department of
Public Service regarding proposed changes to annual electric and natural gas delivery rates and
practices, to be effective May 1, 2023. New York State Electric & Gas Corporation (NYSEG)
proposed to increase electric delivery revenue by approximately 31% and Rochester Gas and
Electric Corporation (RG&E) proposed to increase electric delivery revenue by approximately
19%. The next virtual public hearings would be conducted on Tuesday, October 18, 2022 at 1:00
p.m. & 5:00 p.m.
Councilman Leach stated that his concern was that the notice specifically mentions the
delivery charge, not the cost of the gas. He stated that the increase may be hard on homeowners
and businesses alike. Further discussion occurred, with Supervisor Williams suggesting that a
letter be written to the Public Service Commission concerning the increases.
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 7
RESOLUTION #277 AUTHORIZE SUPERVISOR TO WRITE A LETTER TO THE
NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE
CONCERNING THE PROPOSED RATE AND DELIVERY
INCREASES FOR NEW YORK STATE ELECTRIC & GAS
CORPORATION (NYSEG)
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 write a
letter to the New York State Department of Public Service concerning the proposed rate and
delivery increases for New York State Electric & Gas Corporation (NYSEG), to be effective May
1, 2023, and it is further
RESOLVED, the notice from the New York State Department of Public Service, dated August,
2022, is hereby received and filed.
There was discussion regarding correspondence from Town Code Enforcement Officer,
Kevin McMahon requesting the Board waive the inspection and permitting fees associated with
the local OCM BOCES student-built modular homes during the construction phase. Supervisor
Williams explained that students, under the direction of OCM BOCES, build one to two modular
homes per year. In the past, the Town has not inspected the structures prior to them leavin g the
site. CEO McMahon spoke with the administrators at BOCES regarding the matter and was asked
if he would conduct inspections in different phases and help teach students why the inspections
were needed. As a proud graduate of the BOCES program, CEO McMahon expressed his desire
to help the program.
Supervisor Williams voiced his support and asked for a motion to waive the inspection and
permitting fees (approximately $140.00) associated with the local OCM BOCES student-built
modular homes during the construction phase.
RESOLUTION #278 WAIVE BUILDING PERMIT AND INSPECTION FEES FOR
MODULAR HOMES CONSTRUCTED BY STUDENTS AT
OCM BOCES
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, Town Code Enforcement Officer, Kevin McMahon submitted a request to the Town
Board to waive the building permit and inspection fees for modular homes constructed by students
at OCM BOCES, and
WHEREAS, during his research CEO McMahon discovered that inspections of the student-built
modular homes were lacking until such point as the modular homes are auctioned, at which point
the balance of code inspections and all permit fees come from the buyer’s local municipality when
they apply for a building permit, therefore
BE IT RESOLVED, in the interest of supporting trades and education, the Town Board does
hereby waive the fees associated with the building permit application and inspection for modular
homes constructed by students at OCM BOCES in the Town of Cortlandville.
RESOLUTION #279 APPROVE EXTRA WORK AUTHORIZATION SUBMITTED
BY CHA CONSULTING FOR THE GUTCHESS LUMBER
SPORTS COMPLEX PHASE 4 – PARKING LOT
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 8
BE IT RESOLVED, the Town Board does hereby approve the Extra Work Authorization submitted
by CHA Consulting (proposal X78722.000), dated September 21, 2022, for the Gutchess Lumber
Sports Complex Phase 4 – Parking Lot, for the total cost of $79,375.00.
Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the
Cortlandville Fire District’s Proposed Budget for 2023 as filed with the Town Clerk on September
27, 2022. All voting aye, the motion was carried.
RESOLUTION #280 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY REGAN DEVELOPMENT FOR PROPERTY
OWNED BY JOSEPH AND DANTE ARMIDEO LOCATED AT
978 NYS ROUTE 13 TO THE TOWN AND COUNTY
PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Regan Development
for the construction of a 4-story mixed-use building containing 68 multi-family units and 6,278
square feet of commercial/retail space on the first floor, with a total square footage of 86,544 as
well as surface parking lots, for property owned by Joseph and Dante Armideo located at 978 NYS
Route 13, tax map #96.13-01-02.110, shall be forwarded to the Town and County Planning Boards
for review and recommendations, and it is further
RESOLVED, the Aquifer Protection Permit application is hereby received and filed.
Attorney DelVecchio asked the Board to consider another motion. He explained that the
Regan Development project was in front of the Town Planning Board. Customarily, the Town
Board acts as lead agency when other boards are involved in applications for a project. However,
in this case the Town Planning Board requested to be lead agency on the project, with assistance
from the engineering firm, Barton & Loguidice. Due to the complexity of the project, he
recommended the Town Board consent to the Planning Board acting as the lead agency.
RESOLUTION #281 CONSENT TO THE TOWN PLANNING BOARD ACTING AS
LEAD AGENCY FOR SEQRA PURPOSES CONCERNING THE
APPLICATIONS SUBMITTED BY REGAN DEVELOPMENT
FOR PROPERTY OWNED BY JOSEPH AND DANTE
ARMIDEO LOCATED AT 978 NYS ROUTE 13
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby consent to the Town Planning Board acting as
Lead Agency for SEQRA purposes concerning applications submitted by Regan Development for
a proposed mixed use commercial and multi-family project, for property owned by Joseph and
Dante Armideo, located at 978 NYS Route 13 in the Town of Cortlandville, tax map #96.13-01-
02.110.
RESOLUTION #282 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY ESSEX STEEL CO., INC. FOR PROPERTY
OWNED BY ROUTE 13, INC. LOCATED AT 607 NYS ROUTE
13 TO THE TOWN AND COUNTY PLANNING BOARDS FOR
REVIEW AND RECOMMENDATIONS
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 9
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Essex Steel Co., Inc.
for the construction of a new cold storage pre-engineered metal building to house the operations
of Essex Structural Steel Corporation, Inc. with a functional space of approximately 6,480 square
feet, for property owned by Route 13, Inc. located at 607 NYS Route 13, tax map #105.00-03-
12.000, shall be forwarded to the Town and County Planning Boards for review and
recommendations, and it is further
RESOLVED, the Aquifer Protection Permit application is hereby received and filed.
There was a brief discussion regarding the proposal submitted by Keystone Associates to
provide an updated survey for the Town’s property surrounding the Lime Hollow Well that was
purchased from Farm East, LLC (Gutchess Lumber) to protect the Town’s water supply. The
Town was awarded a Water Quality Improvement Project (WQIP) Grant to purchase the property.
One of the requirements of the grant was to submit a survey according to the State’s specifications.
Attorney DelVecchio explained that he reached out to Keystone Associates as they provided the
original survey. It was his understanding that the cost of the survey would be reimbursed by the
grant.
RESOLUTION #283 AUTHORIZE TOWN ATTORNEY TO SIGN PROPOSAL FROM
KEYSTONE ASSOCIATES TO PROVIDE PROFESSIONAL
SURVEYING SERVICES FOR TOWN PROPERTY LOCATED
OFF LIME HOLLOW ROAD AND ROUTE 13 FOR THE
TOWN’S WATER QUALITY IMPROVEMENT PROJECT
GRANT (WQIP - REF: 3066.23819)
Motion by Councilman Guido
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 Town Attorney to sign
the proposal from Keystone Associates dated September 22, 2022 to provide professional
boundary survey services for Town property located off Lime Hollow Road (tax map #95.00-06-
02.200; and 95.00-06-04.120) and Route 13 (tax map #105.00-03-01.000) in connection with the
Town’s Water Quality Improvement Project Grant (WQIP – Ref: 3066.23819), for the total cost
not to exceed $4,000.
RESOLUTION #284 DECLARE 5,000 TO 6,000 YARDS OF UNSCREENED
TOPSOIL FROM PHASE 1 AND PHASE 2 OF THE GUTCHESS
LUMBER SPORTS COMPLEX & PARK AS SURPLUS
MATERIAL AND AUTHORIZES THE SALE AND REMOVAL
OF THE TOPSOIL
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, due to the construction of Phase 1 and Phase 2 of the Gutchess Lumber Sports
Complex & Park there is an excess of 5,000 to 6,000 yards of unscreened topsoil that is not needed
by the Town of Cortlandville and must be moved to continue the build-out of the Park, therefore
BE IT RESOLVED, the Town Board does hereby declare 5,000 to 6,000 yards of unscreened
topsoil as surplus material and authorizes the sale and removal of the topsoil from the Gutchess
Lumber Sports Complex & Park located at 3111 Byrne Hollow Crossing, Cortland, New York.
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 10
No action was taken with regard to agenda item I-17, to “receive, file and discuss proposed
Local Law, Private Fire Hydrants in the Town of Cortlandville” at the request of Attorney
DelVecchio and conversation that occurred earlier in the meeting.
RESOLUTION #285 RESCIND TOWN BOARD RESOLUTION #260 OF 2022,
“APPROVE MODIFICATION OF INCOME ELIGIBILITY FOR
SENIOR CITIZENS TAX EXEMPTION REQUIREMENTS FOR
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 rescind Town Board Resolution #260 of 2022,
“Approve Modification of Income Eligibility for Senior Citizens Tax Exemption Requirements
for the Town of Cortlandville”.
RESOLUTION #286 SCHEDULE PUBLIC HEARING REGARDING THE
MODIFICATION OF THE REAL PROPERTY EXEMPTION
FROM TAXATION FOR PERSONS OVER THE AGE OF 65
YEARS IN 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, a Public Hearing shall be scheduled for October 19, 2022 at 5:00 p.m. at the
Peter Alteri Jr. Municipal Garage located at 3587 Terrace Road, Cortland, New York, regarding
the modification (income eligibility) of the Real Property Exemption from Taxation for Persons
over the age of 65 years in the Town of Cortlandville.
RESOLUTION #286-A SCHEDULE SPECIAL TOWN BOARD MEETING (BUDGET
WORKSHOP) FOR OCTOBER 18, 2022 AT 4:00 P.M.
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 schedule a Special Town Board Meeting
(Budget Workshop) for Tuesday, October 18, 2022 at 4:00 p.m. to be held at the Peter Alteri Jr.
Municipal Garage, 3587 Terrace Road, Cortland, New York, for the purpose of discussing the
2023 Tentative Budget of the Town of Cortlandville.
With no further comments or discussion to be heard, Supervisor Williams requested the
Board convene to an Executive Session to discuss contracts and personnel. He anticipated that
action would be taken after Executive Session.
Councilman Leach made a motion, seconded by Councilman Guido to recess the Regular
Meeting to an Executive Session to discuss contracts. All voting aye, the motion was carried.
No action was taken.
The meeting was recessed at 6:11 p.m.
OCTOBER 5, 2022 TOWN BOARD MEETING PAGE 11
Councilman Cobb made a motion, seconded by Councilman Donlick, 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.
No further comments or discussion were heard.
Supervisor Williams adjourned the Regular Meeting at 6:31 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 October 17, 2022.
The final version of this meeting was approved as written at the Town Board meeting of October 19, 2022.