HomeMy WebLinkAbout2022-10-19 Town Board Minutes
OCTOBER 19, 2022 5:00 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; Assistant to the Supervisor, Amanda Rainbow; Patrick Leach,
President of McGraw Recreation Committee; Town resident: Barbara Leach; News Reporters:
Jack Eves from WXHC; and Jacob Mack from the Cortland Standard. Others joining via Zoom
video/telephone conference: News Reporter, Eddie Velasquez from the Cortland Voice.
Supervisor Williams called the Regular Meeting to order. He mentioned that the public
hearing scheduled for tonight regarding the modification of income eligibility for senior citizens
tax exemption requirements was canceled in order to satisfy the public noticing requirement. The
public hearing would be rescheduled for November 9, 2022
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of August 23, 2022. All voting aye, the motion
was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Comprehensive Plan Implementation Committee Minutes of May 9, 2022, May
12, 2022, June 6, 2022, July 18, 2022, July 25, 2022, and September 26, 2022. All voting aye, the
motion was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Recreation Commission Minutes of June 22, 2022 and August 16, 2022. All
voting aye the motion was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to approve the Draft
Town Board Minutes of October 5, 2022. All voting aye, the motion was carried.
RESOLUTION #287 AUTHORIZE PAYMENT OF VOUCHERS – OCTOBER
Motion by Councilman Cobb
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 #1367-1405; 1407-1445
HG, SF, SS, SW General Fund A $ 156,857.40
General Fund B $ 11,386.61
Highway Fund DA $ 0.00
Highway Fund DB $ 34,080.53
Gutchess Lumber SC Project HG $1,092,954.62
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 6,698.31
Water Fund SW $ 10,952.79
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 #30-31
Trust & Agency TA $ 52,583.00
Expendable Trust TE $ 0.00
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 2
Supervisor Williams offered privilege of the floor to Patrick Leach.
Patrick Leach introduced himself as the new President of the McGraw Recreation
Committee. He thanked the Town Board for its many years of support for McGraw Recreation.
He mentioned that the Committee was comprised of new members who were looking to revitalize
the program and offer more activities to the community such as line dancing and the upcoming
Halloween contest and parade. Mr. Leach hoped to be able to provide the Board with more
accurate numbers of participants in the program from Cortlandville.
Supervisor Williams and the members of the Board thanked Mr. Leach for his presentation.
Under reports, Supervisor Williams offered the floor to Cortland County Legislator, Chris
Newell to provide his report to the Board.
Cortland County Legislator, Chris Newell provided an update on happenings at the County
Legislature. He informed the Board that the biggest thing on the Legislature’s agenda was the
budget, which he hoped would be passed in November. With the financial team that is now in
place, including Andrea Hertzog, Steven Trolberg and Rob Corpora, the County knows where it
stands financially. He stated that the County “is going in the right direction and has some extra
cash on hand”.
Mr. Newell stated that hiring new employees remains really difficult. There is a huge
burnout and high stress level for the current employees as the County is down 60-70 employees;
the County Sheriff’s Department is down 10 employees. He suggested that part of reason for the
lack of hiring may be due to pay as other employers offer more money. Another reason may be
due to what has happened socially over the past few years. He mentioned that in the past TC3 has
had a robust criminal justice program, however fewer people are interested in taking it. In addition,
he mentioned that there are vacancies in some hard to replace positions including the Director of
Planning and the Director for the Office of the Aging. A lot of staff will be retiring in the near
future and the succession planning is weak in a lot of the departments.
Mr. Newell apprised the Board that the renovations on the County Office Building and
County Courthouse were going well. In addition, the County was planning to spend up to $100,000
to build/install a public dock at Little York Lake. Charlie Sudbrink, the County Highway
Superintendent, was in charge of the project.
With regard to ARPA funds, Mr. Newell stated that the County has “a good handle” on the
funds. A lot of money was designated for not-for-profit organizations that must first apply for
funds and then show bills of sale for the specific project and how they spend the funds.
Mr. Newell commented on the “Camp Lejeune” advertisements offering money to Marines
who served from 1952-1987. He suggested that veterans who may qualify contact Tom Todesco,
Director of the Cortland County Veterans Service Office, to discuss the program and how
payments from the Veterans Administration could be impacted.
Lastly, Mr. Newell mentioned there was a proposition on the upcoming election ballot
regarding the office of the Treasurer and changing it from an elected position to an appointed
position. He stated that most of the County Legislators would rather appoint someone with
credentials rather than it being an elected position.
Councilman Leach asked whether the Sheriff intends to hire 10 people to fill the vacant
positions. Per the Sheriff’s annual report, he was requesting to hire one additional employee. Mr.
Newell mentioned that the Sheriff would like to fill the vacant positions and hire an additional
employee to help with the new pistol permit background check requirements. The County budgets
for full employment, however whether the vacancies can be filled is not known.
Supervisor Williams and members of the Board thanked Mr. Newell for the update.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the following monthly reports:
1. Town Justice Mathey and Town Justice DeMarco – September 2022;
2. Town Supervisor – September 2022;
3. Cortland Community SPCA – September 2022; and
4. Cortland County Treasurer – October 2022.
All voting aye, the motion was carried.
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 3
Attorney DelVecchio reported:
South Hill Dump – Payment to NYS DEC:
Attorney DelVecchio commented on one of the vouchers approved for payment earlier in
the meeting, payable to the NYS DEC with regard to the South Hill Dump and testing the DEC
conducted. In 2021, the DEC sent the Town a notification of outstanding charges that were due,
which Attorney DelVecchio was unfamiliar with and looked into the matter and the consent order.
He did not agree with the Town having to pay all of the charges and asked for a reduction. In the
end, the DEC reduced the charges by $1,500 and requested payment of the invoice. Attorney
DelVecchio stated that he was told that the requirement for the Town to monitor the site will not
continue for much longer and that the obligation will eventually go away.
Supervisor Williams recalled that the Town does not have any current [environmental]
problems with the site.
Gutchess Lumber Sports Complex:
Attorney DelVecchio recalled that in 2021 the Board discussed the legal principal of
parkland alienation. The Board adopted a resolution that said that if, ultimately, the Town
determined that the arrangement with PBR constituted parkland alienation, that the Town would
then go through the legislative approval process. Such process would entail getting a bill
sponsored by a local legislator and eventually go to the State Congress for approval, to be signed
off by the Governor. Initially in that resolution, if it was determined by the Board that the PBR
arrangement did constitute parkland alienation that the Board would go forward with that process.
Attorney DelVecchio explained that the Board has not done that for a reason. He stated that he
did some additional legal research on the issue of parkland alienation, of which there is no statutory
authority on that issue. Parkland alienation is case law, a common law principal that still exists.
Attorney DelVecchio explained that he researched a lot of cases that have to do with parkland
alienation and spoke with attorneys at the Association of Towns. He recalled that the Board
concluded that the agreement that governs the relationship with PBR is a management agreement
and not a lease, which is significant when it comes to parkland alienation.
Attorney DelVecchio stated it was his advice for the Board to adopt a resolution “that
indicates that the Board is determining that the arrangement with PBR is not in fact parkland
alienation and that therefore no legislative approval is necessary”. The initial resolution adopted
by the Board only said that “if” the Board determined that there was parkland alienation then the
legislative process would go forward. The previous resolution was not indicating that parkland
alienation existed. Attorney DelVecchio stated that at this point in time it was appropriate to go
ahead and formally determine that parkland alienation does not exist, and that legislative approval
is not necessary. Attorney DelVecchio asked the Board if they had any questions for him, which
there were none.
RESOLUTION #288 DETERMINE THAT PARKLAND ALIENATION DOES NOT
EXIST, AND THAT LEGISLATIVE APPROVAL IS NOT
NECESSARY, IN RESPECT TO THE ARRANGEMENT
BETWEEN THE TOWN OF CORTLANDVILLE AND PBRT
TOURNAMENTS NY, LLC AND THE GUTCHESS LUMBER
SPORTS COMPLEX & PARK
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, per Town Board resolution #235 of 2021 adopted August 18, 2021, the Town Board
authorized the Town Attorney to begin the process for the “approval” of the arrangement between
the Town of Cortlandville and PBRT Tournaments NY, LLC by the New York State Legislature
regarding the issue of parkland alienation, and
WHEREAS, the Town Attorney conducted legal research and reviewed the matter and has advised
the Town Board accordingly, therefore
BE IT RESOLVED, the Town Board does hereby determine that parkland alienation does not
exist, and that legislative approval is not necessary, in respect to the arrangement between the
Town of Cortlandville and PBRT Tournaments NY, LLC and the Gutchess Lumber Sports
Complex & Park.
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 4
Request to Purchase Town Property (portion of):
Attorney DelVecchio apprised the Board that Highway Superintendent Drach received a
request from Daryl Anderson to purchase a portion of Town property (2.0+/- acres) located off
Route 41/Greenwood Road, across from the Town Highway Garage. Highway Superintendent
Drach explained that the Highway Department does not use the entire property and will only use
the land “up to the powerline”. Mr. Anderson offered $7,000 for the property and would pay for
the survey and additional costs.
Attorney DelVecchio apprised the Board that if the portion of property is of no value to the
Town, and if the Board is interested in the sale, an written assessment appraisal was needed to
delineate what the property is worth. Subdivision approval would also be required from the Town
Planning Board. The sale of the property would also be subject to permissive referendum.
Attorney DelVecchio suggested the Board request a formal appraisal from the Town Assessor and
allow him time to put a purchase agreement together. The matter would be added to the Board’s
November 9, 2022 meeting agenda.
Supervisor Williams reported:
2023 Tentative Budget:
Supervisor Williams commented that the Town Board conducted a special meeting on
Tuesday, October 18, 2022 for the purpose of a budget workshop. No modifications were
suggested to be made by the Members of the Board. He therefore suggested the Board move the
2023 Tentative Budget with no modifications to the 2023 Preliminary Budget. The Board would
conduct a public hearing on the budget on November 9, 2022 and could also schedule the date to
adopt the final budget by November 16, 2022.
RESOLUTION #289 ACCEPT 2023 TENTATIVE BUDGET AS THE
2023 PRELIMINARY BUDGET
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, the 2023 Tentative Budget was presented to the Town Board at the October 5, 2022
Special Town Board Meeting, and
WHEREAS, the Town Board conducted one Special Meetings/Workshop for the purpose of
discussing the 2023 Tentative Budget and has made no modifications, therefore
BE IT RESOLVED, the Town Board does hereby accept the 2023 Tentative Budget as the 2023
Preliminary Budget.
RESOLUTION #290 SCHEDULE PUBLIC HEARING REGARDING THE
2023 PRELIMINARY BUDGET
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 9, 2022 at 5:00
p.m., at the Peter Alteri Jr. Municipal Garage located at 3587 Terrace Road, Cortland, New York,
regarding the 2023 Preliminary Budget, and it is further
RESOLVED, that copies shall be made available for distribution to the public on November 1,
2022.
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 5
RESOLUTION #291 SCHEDULE DATE TO ADOPT THE 2023 PRELIMINARY
BUDGET AS THE 2023 ADOPTED BUDGET
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2023 Preliminary Budget as the 2023 Adopted
Budget at the Regular Town Board Meeting on Wednesday, November 16, 2022 at 5:00 p.m.
Change Order No. 2 for Gutchess Lumber Sports Complex Phase 2:
Supervisor Williams apprised the Board he received Change Order No. 2 from CHA
Consulting submitted by Smith Site Development to adjust the size of the dugout pads to
correspond to the Town built dugouts. There was no additional cost for the change.
RESOLUTION #292 AUTHORIZE CHANGE ORDER NO. 2 SUBMITTED BY
SMITH SITE DEVELOPMENT 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 Smith Site Development for the Gutchess Lumber Sports
Complex Phase 2, to adjust the size of the dugout pads to correspond to the Town built dugouts,
at no additional cost.
Sale of 6,000+/-Yards of Unscreened Topsoil:
Supervisor Williams recalled that the Town Board previously declared the 6,000+/- yards
of unscreened topsoil as surplus material from the construction of Phase 1 and Phase 2 of the
Gutchess Lumber Sports Complex. He requested the Board authorize the advertisement of the sale
of the topsoil. Sealed bids would be due to the Town Clerk’s office by November 14, 2022 at
11:00 a.m.
RESOLUTION #293 AUTHORIZE TOWN CLERK TO PROCEED WITH THE
ADVERTISEMENT OF THE REQUEST FOR BIDS FOR THE
SALE OF 6,000+/- YARDS OF UNSCREENED TOPSOIL
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 Town Clerk to proceed
with the advertisement of the request for bids for the sale of 6,000+/- yards of unscreened topsoil
declared surplus material from the construction of Phase 1 and Phase 2 of the Gutchess Lumber
Sports Complex, and it is further
RESOLVED, that sealed bids will be due to the Town Clerk’s office located at 3577 Terrace Road,
Cortland, New York, by 11:00 a.m. on November 14, 2022, at which time they will be publicly
opened and read, and it is further
RESOLVED, the Town Board may award the bid for the sale of the unscreened topsoil at their
November 16, 2022 meeting.
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 6
Amend Town Personnel Policy for Cancer Screening Leave:
Supervisor Williams apprised the Board it was brought to his attention that per Civil
Service Law (Section 159-b), public sector employees are allowed up to four hours of paid leave
annually for any cancer screening. The paid time off is in addition to any sick, personal or vacation
time. He requested the Board amend the Town Personnel Policy to provide Town employees with
paid leave for cancer screening.
RESOLUTION #294 AMEND TOWN PERSONNEL POLICY TO PROVIDE TOWN
EMPLOYEES UP TO FOUR (4) HOURS LEAVE ANNUALLY
FOR CANCER SCREENING
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 the Town Personnel Policy, adopted
April 2022, to include the following provision allowing Town Employees up to four (4) hours
leave annually for cancer screening:
CANCER SCREENING LEAVE
According to civil service law 159-b, public sector employees are allowed up to four hours leave
annually for any cancer screening. This time is in addition to any sick, personal or vacation leave.
The parameters include:
• The leave time allowable is granted for up to four (4) hours on a yearly basis. The leave
time cannot be accumulated from year to year. If you do not use the four (4) hours during
the course of the year, you cannot carry it forward to the next year.
• Each January 1, a new four (4) hour leave entitlement is granted.
• Travel time allotted for cancer screening includes travel time to and from the appointment
and any subsequent follow-up consultation visits.
• Absence beyond the four (4) hours is chargeable to another leave accrual.
• Employees who undergo screening outside their regular work schedule do so on their own
time.
• Employees are not granted compensatory time off for cancer screening that occur on a day
off or holiday.
• Employees are required to submit a completed Cancer Screening Form.
• The form should be placed in an envelope and attached to the timesheet. Employees have
the right to ask that this documentation be kept confidential with only those required to
grant approval and or certify time and attendance having access.
• Employees will note on their time sheet that he/she was not at work and the supervisor will
initial and approve, indicating that the cancer screening leave is accepted, and no leave
accruals are to be adjusted.
• The Cancer Screening form is attached and will be available in the Financial
Administrator’s office.
Delay of Equipment Purchases for Town Highway Department:
Supervisor Williams apprised the Board that he and Highway Superintendent Drach have
been discussing the future purchases of equipment/vehicles. Both were concerned with the rising
costs and suggested the purchases for new equipment/vehicles be delayed until Highway
Superintendent was comfortable with the costs and moving forward with procurement. The Town
may need to put some money aside to repair the equipment/trucks instead of replacing them.
Supervisor Williams stated that the Board may see more bills than they are used to [in 2023] for
the repair of equipment/trucks. He mentioned that last year the Town paid $295,000 for a 10-
wheel dump truck. The prices for a 6-wheel dump truck today are over $300,000. Another concern
was that if the Town ordered a new truck today, it would not be delivered until 2024.
Supervisor Williams stated that the Town has a very conscientious group of employees in
the Highway and Water/Sewer Department helping to preserve the life of equipment. The Board
thanked the Town employees and agreed that equipment/trucks would be repaired until the cost of
new equipment/vehicles leveled out. Highway Superintendent Drach mentioned that currently,
both the Highway Department and Water/Sewer Department have two trucks on order.
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 7
Town Board reports:
Councilman Leach thanked his son, Patrick Leach for attending the meeting to represent
the McGraw Recreation Committee. He gave Patrick accolades for his prior service on the Village
of McGraw Board of Trustees, and for his work as the Director of past musicals for the McGraw
School District.
Councilman Leach informed the Board that he received a letter from Town resident, Jesse
Powierski concerning the increase in homeless activity and drug use in the Town. He asked the
Board to take action to protect the community and make the Town a safer place. Councilman
Leach provided the Board with a copy of the letter and thanked Mr. Powierski for acting on his
civic duty and “for playing a part and being involved”.
Councilman Guido asked Supervisor Williams if the Town had any formal plans to
recognize veterans on Veterans Day. He suggested the Board adopt a resolution at their next
meeting to honor veterans and acknowledge Veterans Day, to which the Board agreed.
Councilman Donlick apprised the Board he received a request from a Town resident who
would like to volunteer to rake and remove the leaves from Town cemeteries. Councilman Donlick
would discuss the request further with Highway Superintendent Drach.
Councilman Cobb thanked Deputy Town Clerk, Abigail Albro for compiling additional
information for the Board regarding dog license fees and costs of dog control officer/shelter
services from surrounding municipalities. He suggested that more discussion must be had in the
future with regard to the SPCA’s request for additional funds.
At this time in the meeting, the Board proceeded with action on agenda items.
RESOLUTION #295 ACKNOWLEDGE AND AUTHORIZE THE EXECUTION OF
THE DISCHARGE OF MORTGAGE BETWEEN THE TOWN
AND LEROY A. AND WILMA J. HENRY REGARDING THE
2008 NYS COMMUNITY DEVELOPMENT BLOCK GRANT
TOWN-WIDE HOUSING REHABILITATION PROGRAM
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 acknowledge and authorize the execution of the
discharge of mortgage between the Town and Leroy A. and Wilma J. Henry, 1614 Oakcrest Street,
Cortland, New York, regarding the 2008 NYS Community Development Block Grant (CDBG)
Town-wide Housing Rehabilitation Program, in the amount of $24,985.00, and it is further
RESOLVED, the Town Board further acknowledges that the Supervisor executed the discharge of
mortgage on October 7, 2022 due to the pending closing date for the sale of the Henry’s property.
Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file
correspondence from New York State Homes and Community Renewal, dated October 13, 2022,
regarding the Town’s Community Development Block Grant (CDBG) Economic Development
Grant Program for Seven Valley Specialty Cables, LLC, (CDBG #287ED967-21) and the
reassignment of Lindsay Kirk as the Town’s new Grant Administrator. All voting aye, the motion
was carried.
RESOLUTION #296 AUTHORIZE APPROVAL REQUEST OF SARETA LEET FOR
THE 2021 COMMUNITY DEVELOPMENT BLOCK
GRANT TOWN-WIDE HOUSING REHABILITATION
PROGRAM (CDBG #287HR317-21)
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 8
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Sareta Leet
for property located at 3490 Kellogg Road in the Town of Cortlandville, for a 100% deferred loan
for the 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program
(CDBG #287HR317-21), and it is further
RESOLVED, the work to be completed includes windows and door, exterior and interior
carpentry, roofing and electric, for a total cost of $26,253.20.
RESOLUTION #297 AUTHORIZE APPROVAL REQUEST OF ETHEL WEIBLY FOR
THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT
TOWN-WIDE HOUSING REHABILITATION
PROGRAM (CDBG #287HR317-21)
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 the approval request of Ethel Weibly
for property located at 849 Route 222 in the Town of Cortlandville, for a 100% deferred loan for
the 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program
(CDBG #287HR317-21), and it is further
RESOLVED, the work to be completed includes electric, plumbing, exterior carpentry, windows
and doors, and masonry, for a total cost of $38,330.80.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file
correspondence from the Town of Solon, dated October 5, 2022, regarding the termination of the
2020 Fire Protection Agreement with the Town of Cortlandville (Fire District). All voting aye,
the motion was carried.
RESOLUTION #298 AUTHORIZE PAYMENT APPLICATION NO. 2 SUBMITTED
BY SMITH SITE DEVELOPMENT, LLC FOR THE GUTCHESS
LUMBER SPORTS COMPLEX PHASE 2
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 authorize and direct the Supervisor to execute
Payment Application No. 2 as submitted by Smith Site Development, LLC for payment in the
amount of $914,331.99 for the Gutchess Lumber Sports Complex, which reflects the work
completed to date ($1,137,668.18) minus the previous applications for payment ($166,452.78) and
the five percent retainage ($56,883.41).
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Supervisor Williams to Hon. Kathleen Burgess of the New York State Public
Service Commission, dated October 14, 2002, in opposition to the proposed changes to the annual
electric and natural gas delivery rates and practices of NYSEG, to be effective May 1, 2023. All
voting aye, the motion was carried.
On behalf of the Board, Councilman Leach thanked the Supervisor’s Assistant, Amanda
Rainbow for her work drafting the letter. He felt it was important for the Town to submit a
response to the Public Service Commission on behalf of the Town residents in opposition to the
rate increases.
Councilman Guido made a motion, seconded by Councilman Leach, to receive and file
correspondence from Cortlandville Town Clerk, Kristin Rocco-Petrella, dated October 12, 2022,
regarding the 2023 Water and Sewer Benefit Tax calculations. All voting aye, the motion was
carried.
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 9
RESOLUTION #299 RE-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 Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be re-scheduled for November 9, 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.
No action was taken with regard to agenda I-12 regarding a proposed Sponsorship
Agreement between the Town of Cortlandville and Guthrie Clinic for the Gutchess Lumber Sports
Complex.
RESOLUTION #300 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW
OF 2022 – A LOCAL LAW ADOPTING THE TOWN OF
CORTLANDVILLE’S PRIVATE FIRE HYDRANT LAW IN THE
TOWN OF CORTLANDVILLE, NEW YORK
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 acknowledge receipt of a proposed Local Law
of 2022, “A Local Law Adopting the Town of Cortlandville’s Private Fire Hydrant Law in the
Town of Cortlandville, New York”, as prepared by the Town Attorney, and it is further
RESOLVED, the proposed Local Law shall be forwarded to the Town and County Planning
Boards for their review and recommendations.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
correspondence from the Public Employer Risk Management Association (PERMA), dated
October 4, 2022, regarding advocacy for veto of Bill Number S.768/A.1118, which would
establish the definition of “temporary total disability”, which if adopted could negatively impact
local government budgets and create disincentives for injured workers to return to work. All voting
aye the motion was carried.
In addition to receiving and filing the correspondence, the Board requested a letter be sent
to Hon. Elizabeth Fine, Counsel to the Governor, in support of vetoing Bill Number S.768/A.1118.
A copy of the letter addressed to Hon. Fine was provided to the Board for their review.
There was discussion regarding agenda item I-15, authorizing the Supervisor to execute an
easement for the purpose of installing electric services, and a permanent easement and right-of-
way for the construction of water mains, between the Town and Joseph Hage, regarding Town
property located on Davinci Drive, tax map #76.14-04-04.000. Attorney DelVecchio explained
that Mr. Hage was in the process of constructing a new home at the base of Davinci Drive and
requested the Town grant the easements for the purpose of installing water and electrical to his
new home. Attorney DelVecchio informed the Board he spoke with Water & Sewer
Superintendent, Brian Congdon regarding the request and that he was in agreement. Attorney
DelVecchio showed the survey maps to the Board and explained the proposed easements.
Highway Superintendent voiced his approval for the easements as well.
OCTOBER 19, 2022 TOWN BOARD MEETING PAGE 10
RESOLUTION #301 AUTHORIZE SUPERVISOR TO SIGN THE EASEMENT FOR
THE PURPOSE OF ELECTRIC SERVICE AND THE
PERMANENT EASEMENT AND RIGHT-OF-WAY FOR THE
CONSTRUCTION OF WATER MAINS BETWEEN THE TOWN
OF CORTLANDVILLE AND JOSEPH HAGE FOR TOWN
PROPERTY LOCATED OFF DAVINCI DRIVE, TAX MAP
#76.14-04-04.000
Motion by Councilman Leach
Seconded by Councilman Cobb
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
Easement for the purpose of electric service and the Permanent Easement and Right -of-Way for
the Construction of Water Mains between the Town of Cortlandville (the “Grantor”) and Joseph
Hage (the “Grantee”) for Town property (1.10 acres) located off Davinci Drive, tax map #76.14-
04-04.000.
RESOLUTION #302 ACCEPT RESIGNATION FOR RETIREMENT FROM JEFFREY
I. MACLEAN, WATER TREATMENT OPERATOR FOR THE
TOWN WATER & SEWER DEPARTMENT, EFFECTIVE
NOVEMBER 10, 2022
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, after 22 years of dedicated service to the Town of Cortlandville as Water Treatment
Operator for the Town Water & Sewer Department, and Jeffrey I. MacLean has submitted his letter
of resignation for retirement, therefore
BE IT RESOLVED, the Town Board does hereby accept, with regret, the letter of resignation from
Jeffrey I. MacLean as Water Treatment Operator for the Town Water & Sewer Department, to be
effective November 10, 2022, and it is further
RESOLVED, the letter of resignation dated October 17, 2022 is hereby received and filed.
RESOLUTION #303 AUTHORIZE THE WATER & SEWER SUPERINTENDENT TO
HIRE A FULL-TIME WATER TREATMENT OPERATOR TO
FILL AN UPCOMING VACANT POSITION
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 the Water & Sewer Sup’t. to hire a
Full-Time Water Treatment Operator to fill an upcoming vacant position, after November 10,
2022, subject to Civil Service requirements.
With no further comments or discussion to be heard, Supervisor Williams requested the
Board convene to an Executive Session to discuss contracts and personnel.
Councilman Leach made a motion, seconded by Councilman Cobb 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 5:55 p.m.
OCTOBER 19, 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 6:39 p.m.
No further comments or discussion were heard.
Supervisor Williams adjourned the Regular Meeting at 6:39 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 revi ew on November 3, 2022.
The final version of this meeting was approved as written at the Town Board meeting of November 9, 2022.