HomeMy WebLinkAbout2022-12-07 Town Board Minutes
DECEMBER 7, 2022 5:04 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW OF 2022
A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S
PRIVATE FIRE HYDRANT 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 Private Fire Hydrant law in the Town of Cortlandville, New York”.
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; Cortland County
Legislators, Cathy Bischoff and Kelly Preston; Representatives from the Cortlandville Fire
District: Courtney Metcalf, Gere Henry, and Seth Henry; Town residents: Robert Martin; Pamela
Jenkins; News Reporter: Jacob Mack from the Cortland Standard. Others joining via Zoom
video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; and News Reporter,
Eddie Velasquez 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 offered privilege of the floor to those in attendance.
No requests were made.
No further comments or discussions were heard.
The Public Hearing was closed at 5:07 p.m.
DECEMBER 7, 2022 5:07 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; Cortland County
Legislators, Cathy Bischoff and Kelly Preston; Representatives from the Cortlandville Fire
District: Courtney Metcalf, Gere Henry, and Seth Henry; Town residents: Robert Martin; Pamela
Jenkins; News Reporter: Jacob Mack from the Cortland Standard. Others joining via Zoom
video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; and News Reporter,
Eddie Velasquez from the Cortland Voice.
Supervisor Williams called the Regular Meeting to order.
Councilman Leach made a motion, seconded by Councilman Donlick, to approve the
Draft Town Board Minutes of November 9, 2022 and November 16, 2022. All voting aye, the
motion was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Planning Board Minutes of October 25, 2022. All voting aye, the motion was
carried.
RESOLUTION #339 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER
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 #1590-1676; 1678-1687
HG, SF, SS, SW General Fund A $ 132,627.71
General Fund B $ 2,092.99
Highway Fund DA $ 0.00
Highway Fund DB $ 63,101.12
Gutchess Lumber SC Project HG $ 12,678.56
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 3,704.95
Water Fund SW $ 12,231.63
Funds CD1, CD3, CD4 Voucher #9-9
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 17,000.00
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #32-33
Trust & Agency TA $ 52,583.00
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to Robert Martin
Town resident Bob Martin addressed the Board regarding his concerns about the Park
Outdoor Advertising Billboard, located on Town property in front of the Gutchess Lumber
Sports Complex, and political campaign advertisements that were displayed from October 7th
thru October 31st. Mr. Martin stated he did not see the advertisements personally, but heard about
them from a reliable source and received confirmation from Stephen Frank at Park Outdoor
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 2
Advertising that three political candidates had advertisements on the billboards. Mr. Martin
referred to the Town Board Minutes from October 7, 2020, in which Attorney DelVecchio said
he did not want to see certain advertisements on the Billboard, such as political advertisements
and that an addendum would be added to the lease agreement. Mr. Martin asked if the addendum
was added, if Park Outdoor was in violation of the contract, and who sponsored and paid for the
advertisements. In addition, Mr. Martin referred to Bill (S4539B) passed by the New York
Senate on February 5, 2021 prohibiting campaign material supporting candidates running for
office on government owned buildings and properties. He asked if the Town was in violation of
this law or of being unethical.
Attorney DelVecchio responded to Mr. Martin's concerns, stating as soon as the issue
was brought to his attention, he reached out to Mr. Frank at Park Outdoor Advertising. Mr. Frank
indicated that the error was an oversight on behalf of Park Outdoor due to the recent retirement
of an employee and had nothing to do with the Town. Attorney DelVecchio stated, not only did
the Town have nothing to do with the advertisements, but the Town was also not aware of the
advertisements. Park Outdoor gave assurances that this will not happen again. Attorney
DelVecchio had written correspondence from Park Outdoor indicating such and stated the issue
“has been put to bed”.
Supervisor Williams offered privilege of the floor to Cortland County Legislators, Kelly
Preston and Cathy Bischoff.
Kelly Preston and Cathy Bischoff, Cortland County Legislators and Co -Chairs of the
Cortland County Redistricting Commission, explained they were in attendance to give a
presentation on the redistricting plan for the Cortland County Legislature, which is required after
the results of the 2020 United States Census. Due to a 12% decrease in the county’s population,
by law, the political representation must change along with it. With 17 Legislators at present, the
Commission must have a proposal for redistricting in place and before the County Legislature by
April 2023. The previously proposed plan for redistricting failed. Both Legislator Preston and
Legislator Bischoff were of the opinion that it is best to educate people rather than to surprise
them. They provided handouts to the Board and to those in attendance and explained the
timeline for the proposal to be in place.
Legislator Preston and Legislator Bischoff explained the redistricting options, the
redistricting rules, and the impacts of redistricting for the Town of Cortlandville. Due to their
populations, the Town of Cortlandville, City of Cortland, Town of Homer, Village of Homer,
and Town of Virgil are districts that may all be subdivided if necessary to accommodate
legislative district map of 17, 15, 13, or 11 legislators. An important topic discussed, and to be
considered when redistricting, are “communities of interest”. The Commission was striving to
keep communities together rather than subdividing the districts in a community or neighborhood,
such as the Bell Drive neighborhood, Greek Peak, SUNY Cortland, or Amish communities.
Since the Town of Cortlandville is a district that can be subdivided, and is contiguous to
numerous districts, there are many options for subdividing the territory to make other districts
balance out. Legislator Preston and Legislator Bischoff explained the 5% rule and the 40% rule
as follows:
• Districts shall be as nearly equal in population as is practicable; the difference
between the most and least populous districts shall not exceed five (5) percent of the
means of all districts.
• No villages or cities or towns except those having more than forty (40) percent of a
full ratio for each district shall be divided.
It was explained that redistricting was a mathematical issue that had a domino effect on other
municipalities; when you take something from one district it affects others.
Legislator Preston and Legislator Bischoff referred to the maps they provided to show
what municipalities could be combined and arranged to be “compact in form as practicable”, and
to be organized. They mentioned that when polling other municipalities and the public, people
like how the current districts are arranged at a legislature of 17. If the number of legislators
remains at 17, the redistricting plan does not have to go to public referendum. However, if the
number of legislators decreases, the plan would be up for a referendum vote on the November
2023 ballot. However, Legislator Preston explained that due to the 2023 election and the
timeline for garnering signatures on petitions to run for election, she expected all legislators that
win the election to have a four-year term. If the redistricting plan goes to referendum and is
voted down, the process would start over again.
Councilman Guido, who is the Town’s representative on the Commission, indicated that
he has attended approximately 6 redistricting meetings. He commended the Commission and
Legislators Preston and Bischoff, and stated they are doing their due diligence and looking at the
issue from all angles.
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 3
Legislator Bischoff shared what she thought was an interesting perspective from when
the last redistricting plan was up for vote, in which the Town of Cortlandville was split into 7
different districts. Comments were made that Cortlandville would have an unfair advantage with
7 legislators fighting for the Town of Cortlandville in comparison to towns with smaller
populations that would only have 1 legislator.
In closing Legislator Preston and Legislator Bischoff asked for input from the members
of the Board so that they could report back to the Commission. Legislator Preston stated that as
the Co-Chairs of the Commission they were working together and were trying to be fair, making
sure everyone has an opportunity to “come to the table”. Councilman Guido asked the Board to
reach out to him with any comments prior to the Commission’s next meeting on December 13,
2022.
Supervisor Williams commented that a smaller number of legislators is better than a
larger number, to make sure people have their “skin in the game”. He mentioned that when he
was on the County Legislature, there were 19 legislators in the County. He stated he would
rather see larger districts with fewer legislators.
Councilman Donlick agreed, stating that as the population of the County decreases,
having less legislators is better.
Legislator Bischoff mentioned the arrival of Micron in Onondaga County, suggesting that
Cortland County may see an increase in population that should be kept into consideration.
Supervisor Williams and the Members of the Board thanked Legislator Preston and
Legislator Bischoff for their time and for presenting the information.
* The information below was provided by Legislator Preston and Legislator Bischoff.
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 4
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 5
Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file
the following monthly reports:
1. Cortland Community SPCA – October 2022;
2. Code Enforcement Officer, Desiree Campbell – September and November 2022;
3. Town Supervisor – October 2022;
4. Code Enforcement Officer, Kevin McMahon – November 2022;
5. Town Clerk – November 2022;
6. Cortland County Treasurer – December 2022; and
7. Cortland Community SPCA – November 2022.
All voting aye, the motion was carried.
Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file
the 2022 Periodic Review Report for the South Hill Dump, dated November 21, 2022, as
prepared by CHA for the Town of Cortlandville. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file
correspondence from Charter Communications, dated November 18, 2022 and November 30,
2022, regarding programming services. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Leach, to receive and file
correspondence from NYSEG and RG&E, dated November 28, 2022, regarding the suspension
of late payment charges for all customers for the period of December 1, 2022 through April 15,
2023. All voting aye, the motion was carried.
Under old business, the Board took action with regard to the proposed Local Law
regarding private fire hydrants in the Town.
RESOLUTION #340 ADOPT LOCAL LAW NO. 7 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: 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 Private Fire Hydrant Law in the Town of
Cortlandville, New York”, and
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. 7 of 2022, “A Local Law Adopting the Town of Cortlandville’s Private Fire
Hydrant 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
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 6
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 Private Fire Hydrant 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.
The purpose of this chapter is to establish a program for identifying and registering
private fire hydrants; to determine the responsibilities of owners of private fire hydrants; and to
ensure the proper functioning of fire safety equipment in the Town of Cortlandville to protect
public safety.
SECTION 4. DEFINITIONS.
As used in this section, the following terms shall have the meanings indicated:
Enforcement Officer: A duly authorized representative of the Cortlandville Water
Department.
Hydrant: The above ground appliance (as defined by the National Fire Protection
Association (NFPA)) used to provide a water supply to fire apparatus in the event of a fire or
other emergency.
Private hydrant: A fire hydrant located on private property, whose water is provided by
the Town of Cortlandville or by other means, but the underground piping in which the water
moves and the hydrants are owned and maintained by the property owner.
Hydrant owner: The person or entity (or their designee), according to Town of
Cortlandville records, who is responsible for tax payments (or other payments to the Town) for
the property on which the hydrant is installed.
Hydrant maintenance: The process of regular maintenance of a fire hydrant to
determine its capability to provide the desired water supply for which it was designed; and to
exercise all valves, caps, etc.; and to lubricate and paint as needed.
SECTION 5. IDENTIFICATION OF PRIVATE HYDRANTS.
All private fire hydrants shall be marked by an approved identification means and shall
be painted according to the Town of Cortlandville Fire Department’s standard.
SECTION 6. NEW INSTALLATIONS.
1. The Town of Cortlandville Water Department shall oversee the installation of all new
installations of private fire hydrants, which must conform to applicable standards.
2. Failure to meet these standards shall be cause to deny either a temporary or final permit
by the Town of Cortlandville, or the revocation of any existing permits.
3. Upon installation and prior to the flowing of any water via a newly installed private
Hydrant, the Town of Cortlandville Water Department shall be contacted and shall inspect the
private hydrant. No water shall be allowed to flow through any private hydrant without
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 7
documentation by the Town of Cortlandville Water Department of the inspections and a
determination by the Town of Cortlandville Water Department that the private hydrant complies
with all applicable standards, rules and regulations.
SECTION 7. MAINTENANCE.
1. All private hydrants must meet the private hydrant standards, and include, at minimum:
a. Verify ability to find hydrant, debris cleared
b. Verify ability to open hydrant
c. Verify ability to utilize hydrant for fire protection or maintenance purposes
d. Verify hydrant drains properly
e. Reasonably assess status of paint and repaint, if necessary
f. Lubricate all caps with food grade grease
g. Confirm auxiliary valve is open
h. Confirm a measured clearance of no less than fourteen inches between the bottom of
all connections and the ground or installed base
i. Tag inoperable hydrants with a clearly visible mark
j. Flow tests
2. The Town of Cortlandville Water Department shall be contacted prior to the flowing of
any water via private fire hydrants.
3. The Town of Cortlandville Fire Department shall be notified if such a water flow could
also result in receipt of a false alarm from an installed fire suppression system.
SECTION 8. AUTHORIZED INSPECTION.
The owner of a private fire hydrant located on non-Town owned property shall maintain
and have such hydrant annually inspected and flow tested by the Town of Cortlandville. The
cost of inspections shall be at the expense of the property owner as determined by the Town of
Cortlandville.
SECTION 9. NOTIFICATIONS AND ACCESS.
The Cortlandville Water Department shall be contacted regarding any private hydrant
that:
1. is taken out of service immediately upon discovery of the issue placing the hydrant out of
service;
2. upon completion of any work performed on a private hydrant, prior to placing a private
hydrant back in service, no water shall be allowed to flow through any private hydrant without
documentation by the Town of Cortlandville Water Department of the inspection and a
determination by the Superintendent that the private hydrant complies with all applicable
standards, rules and regulations;
3. No person will shut off, disconnect, remove or disable a private hydrant without the Town
of Cortlandville approval;
4. The Town of Cortlandville Water Department shall have access onto properties containing
Private Hydrants, as necessary, for the purposes of inspecting for leaks.
SECTION 10. DUTY TO REPAIR.
1. Underground repairs. Upon notice of required repairs issued by the Town of
Cortlandville, the property owner must complete such repairs and certify that the hydrant meets
the inspection standards herein, within 30 days of such notice.
2. Aboveground repairs. All above ground repairs will be performed by the Town of
Cortlandville, and the cost of these repairs shall be at the expense of the property owner.
SECTION 11. PENALTIES – FAILURE TO INSPECT, FAILURE TO REPAIR, NON-
COMPLIANCE, FRAUD.
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 8
1. 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.
2. Prior to commencing enforcement action for a violation of this law, the enforcing person
shall give the property owner a 30 day written notice to comply with the law. Each day a hydrant
is not in compliance with this law, and each hydrant found to be in violation of this bylaw, shall
constitute a separate offense.
SECTION 12. 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 13. 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 requested the Board authorize the
purchase of a video conference camera (Meeting Owl 3) and expansion microphone for the
purpose of running videoconference meetings as authorized by the Town’s recently adopted
Videoconference Local Law. The cost of both was expected to be $1,298.00 and would be paid
for from the budget lines of the Town Board, Planning Board and Zoning Board of Appeals.
Supervisor Williams explained that the device would show the entire board table and audience.
He suggested the Board authorize the purchase of the equipment in an amount not to exceed
$1,500.00.
RESOLUTION #341 AUTHORIZE THE PURCHASE OF THE MEETING OWL 3
AND EXPANSION MICROPHONE FOR THE PURPOSE OF
RUNNING VIDEOCONFERENCE MEETINGS IN AN
AMOUNT NOT TO EXCEED $1,500.00
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 the purchase of the Meeting Owl 3
and Expansion Microphone for the purpose of running videoconference meetings as authorized
by Local Law No. 6 of 2022, for the total cost not to exceed $1,500.00, and it is further
RESOLVED, the cost of such equipment shall be paid for from the budget lines of the Town
Board, Planning Board and Zoning Board of Appeals.
Attorney DelVecchio reported:
Proposed Local Law – Amend Town Fees:
Attorney DelVecchio recalled there was discussion in the past regarding the Town’s new
Vacant Property Law and the fees set forth in the law providing for registration fees for vacant
property: $500 for residential and $1,000 for commercial. After receiving feedback from several
people, it was suggested that the fees were perhaps too high and that the Board should reconsider
reducing them. To address that issue, and also to address the issue of fees set by local law in the
Town Code, Attorney DelVecchio drafted a proposed local law that would allow the Town
Board to address any fees in the Code by simple resolution rather than by local law. He
presented the draft local law to the board and explained that it would involve amending the
preamble section in the code to add one sentence, that all fees adopted by local law may be
changed by resolution of the Town Board.
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 9
He apprised the Board that he identified the sections in the Code that have fees, which are
as follows: § 59 Animals; § 74 Circuses and Carnivals; § 86 Fire Prevention and Building Code
Administration and Enforcement; § 115 Parks and Recreational Areas; §140 Subdivision of
Land; § 151 Trailers and Trailer Parks; § 155 Transient Business; § 171 Water and Sewers; §
175 Wind Energy Facilities; § 178 Zoning; and Vacant Property.
Attorney DelVecchio suggested that amending the preamble was a good way to address
the issue of fees without having to go through the local law process each time. He asked the
Board to acknowledge receipt of the local law and to schedule a public hearing for January 2023
if they chose to do so.
RESOLUTION #342 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW –
“A LOCAL LAW AMENDING THE TOWN OF
CORTLANDVILLE’S CHAPTER 1 GENERAL PROVISIONS
§1-7 AMENDMENTS TO CODE”, AND SCHEDULE A
PUBLIC HEARING FOR JANUARY 18, 2023 AT 5:00 P.M.
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 receipt of a proposed Local Law,
“A Local Law Amending the Town of Cortlandville’s Chapter 1 General Provisions §1-7
Amendments to Code”, as prepared by the Town Attorney, and it is further
RESOLVED, the Town Board hereby schedules a public hearing on the proposed Local Law for
Wednesday, January 18, 2023 at 5:00 p.m. at the Peter Alteri Jr. Municipal Garage located at
3577 Terrace Road, Cortland, New York.
Surplus Property – Sale of a Portion of Town Property:
There was discussion regarding the sale of a portion of Town property on NYS Route 41,
tax map #87.00-01-40.000. Attorney DelVecchio explained that Town resident Daryl Anderson
submitted a request to Highway Superintendent Drach to purchase a portion of Town property
(2.50± acres) located next to his property on Greenwood Road for $7,000.00. Town Assessor,
David Briggs provided an appraisal of the portion of property, declaring a “fair market value” of
$6,300.00. If the Board chose to move forward with the sale, it would be granted subject to
permissive referendum as required by law, and would also include provisions for Mr. Anderson
to pay any and all closing costs, survey costs. The sale would also be subject to approval of a
subdivision/lot line adjustment from the Town Planning Board. According to Highway
Superintendent Drach, the portion of property was not being utilized by the Town Highway
Department, nor would it be needed in the future. Attorney DelVecchio suggested that if the
Board wanted to proceed that they declare the property as surplus, authorize the sale, and
authorize the Supervisor to sign any and all documents associated with the sale of the property.
Supervisor Williams commented that the sale of the portion of property would put some of the
land back on the tax roll. Mr. Anderson operates his own business, First Choice Blacktop, and
plans to use the property to park some of his equipment.
RESOLUTION #343 DECLARE A PORTION OF TOWN PROPERTY (2.50± ACRES)
LOCATED OFF OF NYS ROUTE 41, TAX MAP #87.00-01-
40.000 (PORTION OF), AS SURPLUS PROPERTY AND
AUTHORIZE THE SALE SUBJECT TO PERMISSIVE
REFERENDUM
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby declare a
portion of Town property located off of NYS Route 41 as surplus property, consisting of
approximately 2.50± acres of land (approximately 225.00± feet of road frontage along NYS
Route 41 and a depth along the eastern property boundary line of 350.00± feet), a portion of tax
map #87.00-01-40.000, and authorizes the sale of said property to Daryl C. Anderson for the sum
of $7,000.00, and it is further
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 10
RESOLVED, the sale of the property is conditioned upon an approved subdivision of land from
the Town of Cortlandville Planning Board, to be applied for by the purchaser, and it is further
RESOLVED, the purchaser shall pay any and all closing costs and associated fees such as for the
survey of the property, and it is further
RESOLVED, the Supervisor is hereby authorized to sign any and all documents associated with
the sale of the property subject to Town Attorney approval, and it is further
RESOLVED, this resolution is adopted Subject to Permissive Referendum as required by law.
At this time in the meeting, the Board proceeded with new business items.
Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file
correspondence from New York State Homes & Community Renewal, dated November 17,
2022, regarding the 12 Month Completion Notice for the 2021 Town-Wide Housing
Rehabilitation Community Development Block Grant (CDBG) Project # 287HR317-21. All
voting aye, the motion was carried.
RESOLUTION #344 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #4)
REGARDING THE TOWN’S 2021 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING
REHABILITATION PROGRAM (CDBG #287HR317-21)
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 approval of payments (Draw #4) for
the following regarding the Town’s 2021 Community Development Block Grant Town-Wide
Housing Rehabilitation Program (CDBG #287HR317-21):
Hammer & Nail Home Improvement – Payment to contractor (Holl) – $17,000.00
RESOLUTION #345 AUTHORIZE NEW APPLICANT APPROVAL REQUEST OF
RANDI AND JEANIE MOWRY FOR THE 2021 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING
REHABILITATION PROGRAM (CDBG #287HR317-21)
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 authorize the new applicant approval request
of Randi and Jeanie Mowry for property located at 5 West Main Street 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 exterior and interior carpentry, windows and
doors, flooring, roofing, and plumbing, for a total cost of $36,286.80.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the 2022 CFA Empire State Development (ESD) Strategic Planning & Feasibility Studies Grant
Application, dated July 29, 2022, regarding the “Gutchess Lumber Park Economic Impact
Analysis” as prepared by Thoma Development Consultants for the Town of Cortlandville. All
voting aye, the motion was carried.
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 11
RESOLUTION #346 AUTHORIZATION TO RELEVY DELINQUENT WATER AND
SEWER ACCOUNTS TO THE 2023 TAX ROLL OF THE
TOWN OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, the list of delinquent water and sewer accounts of the Town Water & Sewer
Department was submitted, as required, therefore
BE IT RESOLVED, the Town Board does hereby receive and file and forward the list of
delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real
Property Tax Office, to be relevied onto the 2023 tax roll of the Town of Cortlandville, and it is
further
RESOLVED, the total water relevy is $15,201.03 and the total sewer relevy is $16,232.87 for a
grand total of $31,433.90.
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file
the Cortland County Planning Department Review and Recommendations, dated November 10,
2022, and Cortland County Planning Board Resolution #22-32, dated November 16, 2022,
regarding the Aquifer Protection Permit of CP Read Realty, LLC for the purpose of constructing
a 6,000 square foot retail store and associated parking, for property located at 3975 Route 281,
tax map #86.13-01-32.000. All voting aye, the motion was carried.
Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file
the Final Press Release and Ratings & Assessments Chart, dated November 21, 2022, from
Moody’s Investors Service, affirming the Issuer Ratings and Debt Instrument Ratings of U.S.
cities and counties, in which the Town of Cortlandville has been listed with a continuous rating
of Aa3. All voting aye, the motion was carried.
RESOLUTION #347 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE
ONE NEW INTERNATIONAL TRUCK CHASSIS, DUMP BOX
AND PLOW EQUIPMENT IN ACCORDANCE WITH THE
TOWN’S PROCUREMENT POLICY
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, the Town Board received a request from Highway Superintendent Drach to
purchase one (1) new single axle truck chassis along with the dump box and plow equipment
from the Onondaga County Contract #8996, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway
Superintendent to proceed in accordance with the Town’s procurement policy to purchase a
2024 International Truck HV513 SFA 4X2 in the amount of $137,819.00 (Allegiance Trucks)
and a plow package in the amount of $92,561.12 (Viking Cives quote #CB00000035) including a
7-year engine and after treatment warranty for the total cost of $4,300.00, for the total amount of
$234,680.12.
Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the
renewal application for Mobile Home Park Permit for the year 2023 submitted by CNY MHPS,
LLC for Cortland Estates Mobile Home Park, located at 1054 Route 13, tax map #96.09-04-
10.000. All voting aye, the motion was carried.
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 12
Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the
Mobile Home Park Inspection Summary from Town Code Enforcement Officer, Desiree
Campbell regarding an exterior inspection of Cortland Estates Mobile Home Park completed on
October 12, 2022, and a recommendation that no action be taken on the renewal permit until the
violations are cleared. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file
the renewal application for Mobile Home Park Permit for the year 2023 submitted by CNY
MHPS, LLC for Landmark Mobile Home Park, located at 1030-1038 Route 13, tax map #96.09-
04-09.000. All voting aye, the motion was carried,
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file
correspondence from Town Code Enforcement Officer, Desiree Campbell, dated November 15,
2022, regarding the completed exterior property maintenance inspection of the Landmark Mobile
Home Park on October 11, 2022 in which no violations were noted and a recommendation was
made for the Town Board to approve the renewal as submitted. All voting aye, the motion was
carried.
RESOLUTION #348 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT
FOR LANDMARK MOBILE HOME PARK FOR 2023
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, CNY MHPS, LLC of Rochester, New York, owner, submitted a completed
application and the appropriate fee of $35.00 for the renewal of the Landmark Mobile Home
Park Permit for property located at 1030-1038 Route 13 in the Town of Cortlandville (formerly
owned by Cortland MHP Associates, Inc.), tax map #96.09-04-09.000, and
WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an inspection of the
Mobile Home Park on October 11, 2022, and submitted her inspection report to the Town Board
for review, and
WHEREAS, no violations were noted by CEO Campbell, therefore
BE IT RESOLVED, the Town Board does hereby approve the Mobile Home Park Permit
Renewal for CNY MHPS, LLC for the Landmark Mobile Home Park for the year 2023, and it is
further
RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park
Permit, which shall be valid until December 31, 2023, at which point the permit must be
renewed.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file
the Mobile Home Park Inspection Summary from Town Code Enforcement Officer, Desiree
Campbell, dated November 15, 2022, regarding an exterior inspection of CNH Mobile Home
Park completed on October 14, 2022, and a recommendation that the Town Board approve the
renewal permit (upon receipt of the application). All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file
correspondence from the New York State Department of Transportation, dated November 28,
2022, acknowledging receipt of the Town’s speed limit reduction request for Highland Road in
the Town of Cortlandville. All voting aye, the motion was carried.
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 13
RESOLUTION #349 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY CP
READ REALTY, LLC FOR DECEMBER 21, 2022
AT 5:00 P.M.
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled for December 21, 2022 at 5:00 p.m. at
the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning an
Aquifer Protection Permit application submitted by CP Read Realty, LLC to construct a 6,000
square foot retail store and associated parking, for property described as 3975 Route 281 in the
Town of Cortlandville, tax map #86.13-01-32.000.
RESOLUTION #350 ACKNOWLEDGE RECEIPT OF GRANT FUNDS FROM THE
2017 EMPIRE STATE DEVELOPMENT (ESD) GRANT
#AC571 IN THE AMOUNT OF $862,467.16 FOR PHASE 1 OF
THE GUTCHESS LUMBER SPORTS COMPLEX AND
AUTHORIZE REPAYMENT TO THE TOWN WATER FUND
FOR THE LOAN IN THE AMOUNT OF $682,798.21 PLUS
INTEREST IN THE AMOUNT OF $331.05 AS REQUIRED
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 receipt of grant funds from the
2017 Empire State Development (ESD) Grant #AC571 in the amount of $862,467.16 for Phase 1
of the Gutchess Lumber Sports Complex, and it is further
RESOLVED, the Town Board hereby authorizes the repayment of the loan from the Town Water
Fund in the amount of $682,798.21 plus interest in the amount of $331.05, as required.
RESOLUTION #351 AUTHORIZE CHANGE ORDER NO. 4 SUBMITTED BY
SMITH SITE DEVELOPMENT FOR THE GUTCHESS
LUMBER SPORTS COMPLEX – PHASE 2
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 execute
Change Order No. 4 submitted by Smith Site Development for the Gutchess Lumber Sports
Complex Phase 2, to provide a change in the contract times for certain items to be completed in
the Spring 2023 due to the weather, at no additional cost, and it is further
RESOLVED, that substantial completion of the project is expected by December 30, 2022 with
Final completion expected by June 2, 2023.
RESOLUTION #352 AUTHORIZE HIGHWAY SUPERINTENDENT TO HIRE TERI
THORINGTON AS A PART-TIME LABORER FOR THE
TOWN HIGHWAY DEPARTMENT
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 14
WHEREAS, due to the resignation of Clayton Walker as a part-time laborer for
maintenance/janitorial services for the Town Highway Department, effective December 8, 2022,
a vacancy exists, therefore
BE IT RESOLVED, the Town Board hereby authorizes the Town Highway Superintendent to
hire Teri Thorington as a part-time “Laborer” for the Town Highway Department for the purpose
of maintenance/janitorial services, at an hourly pay rate of $18.00 in accordance with the Town
Highway Payroll Schedule.
RESOLUTION #353 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE
A WELDER AND AN AIR COMPRESSOR FOR THE TOWN
HIGHWAY DEPARTMENT
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 Highway
Superintendent to purchase a Welder, Power MIG 256/Spool Gun, from Haun Welding Supply
Inc. in the amount of $6,271.02, and it is further
RESOLVED, the Town Board further authorizes the Highway Superintendent to purchase an
Electric Air Compressor, Ingersoll Rand, 7.5 hp, from Grainger, in the amount of $2,910.71.
RESOLUTION #354 AUTHORIZE THE ANNUAL CLOTHING ALLOWANCE FOR
TOWN HIGHWAY DEPARTMENT EMPLOYEES IN THE
AMOUNT OF $600 PER EMPLOYEE PER YEAR
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 authorize the annual clothing allowance for
Town Highway Department employees in the amount of $600 per employee per year, to be used
towards the purchase of work-related clothing.
RESOLUTION #355 AUTHORIZE TOWN BOARD TO SIGN THE COMMERCIAL
CRIME COVERAGE POLICY FOR THE TOWN OF
CORTLANDVILLE FOR THE YEAR 2023
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board is hereby authorized and directed to sign the Commercial
Crime Coverage Policy for the Town of Cortlandville for the year 2023, agreeing to the coverage
for the elected, appointed officials and all other Town employees.
RESOLUTION #356 AUTHORIZE THE EXTENSION OF A SIX-MONTH RENTAL
OF AN OFFICE TRAILER FOR THE GUTCHESS LUMBER
SPORTS COMPLEX FROM VERSATILE OFFICE TRAILERS
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 15
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to extend
the rental of a 10x40 office trailer from Versatile Office Trailers for six-months to be used at the
Gutchess Lumber Sports Complex by the Town Parks & Recreation Director and onsite staff, for
the total cost of $4,548.00.
RESOLUTION #357 AUTHORIZATION TO RELEVY OUTSTANDING FIRE AND
SAFETY INSPECTION CHARGES ONTO THE 2023 TAX ROLL
OF THE TOWN OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, pursuant to Chapter 86 of the Code of the Town of Cortlandville, the Code
Enforcement Officer of the Town is authorized to conduct fire safety and property maintenance
inspections of buildings and structures, and
WHEREAS, per Section 86-16, “any fee required by this chapter for services rendered pursuant to
the provisions of this chapter which remains unpaid for 90 days shall be added to the next issued
Town and County tax bill”, therefore
BE IT RESOLVED, the Town Board does hereby authorize the following outstanding fire safety
and property maintenance inspection charges for August 2021 through August 2022, as
submitted by the Town Code Enforcement Office, be relevied onto the 2023 tax roll of the Town
of Cortlandville:
Owner Inspection # Tax map # Property Location Fee
David Mayo, MD B-21-058 86.09-04-07.000 4077 Route 281 $ 90.00
281 Groton Corp. M-21-005 86.13-01-55.121 1106 Route 222 $ 90.00
Craig & Laura Turner B-22-051 88.00-01-68.110 3802 Clinton St. $ 90.00
Darrell Carter B-22-009 86.13-01-45.210 3917 Route 281 $ 90.00
Carl Demarchi M-22-005 95.12-01-18.000 3593 Route 281 $ 90.00
Cortland Co. Ag. Corp. M-22-003 76.19-01-30.100-2 4292 Fairground Dr. $200.00
Total: $650.00
With no further comments or discussion to be heard, Supervisor Williams requested the
Board to recess the Regular Meeting to an Attorney-Client privileged meeting. He explained
that the Board may reconvene the Regular Meeting and take action.
Councilman Cobb made a motion, seconded by Councilman Leach, to recess the Regular
Meeting to an Attorney-Client privileged meeting. All voting aye the motion was carried.
The meeting was recessed at 6:17 p.m.
Councilman Leach made a motion, seconded by Councilman Guido, to reconvene the
Regular Meeting. All voting aye the motion was carried.
The Regular Meeting reconvened at 7:06 p.m.
Members of the public were invited to return to the meeting at this time.
RESOLUTION #358 APPROVE SPONSORSHIP AGREEMENT BETWEEN THE
GUTHRIE CLINIC AND THE TOWN OF CORTLANDVILLE
TO SPONSOR THE GUTCHESS LUMBER SPORTS
COMPLEX AND AUTHORIZE SUPERVISOR TO SIGN THE
AGREEMENT
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
DECEMBER 7, 2022 TOWN BOARD MEETING PAGE 16
BE IT RESOLVED, the Town Board does hereby approve the Sponsorship Agreement between
the Guthrie Clinic and the Town of Cortlandville, to sponsor the Gutchess Lumber Sports
Complex located at 3111 Byrne Hollow Crossing, for a term of five years, effective November
28, 2022, for a total annual sponsorship fee of $40,000 payable to BASE Sports Group LLC on
behalf of the Town of Cortlandville, payable on April 1, 2023 through April 1, 2027, with an
option to renew, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign the Sponsorship
Agreement.
No further comments or discussions were heard.
Supervisor Williams adjourned the Regular Meeting at 7:06 pm.
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 December 19, 2022.
The final version of this meeting was approved as written at the Town Board meeti ng of December 21, 2022.