HomeMy WebLinkAbout2022-12-21 Town Board Minutes
DECEMBER 21, 2022 5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
CP READ REALTY, LLC, OWNER
(MELDRIM’S PAINT CENTER)
3975 NYS ROUTE 281
TAX MAP #86.13-01-32.000
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 an application for an Aquifer Protection Permit submitted by 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.
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; Cortlandville Fire Department Members: Commissioner,
Kevin Whitney; Assistant Chief, Michael Biviano; Jack Harvey; Fire District
Secretary/Treasurer, Courtney Metcalf; Seth Henry; Stephen Bradley; Brandon Stelick; Joshua
Aumick; Peter Verfuss; Larry Biviano; Raymond Shattuck; James Gehm III; Paul Alteri;
Jonathan Alteri; Helmut Thielemann Jr.; Town residents: Anna Alteri; Danielle Henry; Cynthia
and Carl Kembrough; 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 5:05 p.m.
DECEMBER 21, 2022 5:05 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; Cortlandville Fire Department Members: Commissioner,
Kevin Whitney; Assistant Chief, Michael Biviano; Jack Harvey; Fire District
Secretary/Treasurer, Courtney Metcalf; Seth Henry; Stephen Bradley; Brandon Stelick; Joshua
Aumick; Peter Verfuss; Larry Biviano; Raymond Shattuck; James Gehm III; Paul Alteri;
Jonathan Alteri; Helmut Thielemann Jr.; Town residents: Anna Alteri; Danielle Henry; Cynthia
and Carl Kembrough; 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.
Supervisor Williams recognized Cortlandville Firefighter, Jonathan Alteri for his brave
rescue of Gregory Robinson, a Town resident, who overturned his vehicle and was submerged in
water off of Sweeney Road and Kinney Gulf Road on Friday, December 16, 2022. Firefighter
Alteri and a bystander safely removed Mr. Robinson from the vehicle. Supervisor Williams
commended Firefighter Alteri for his heroic service and stated it was the Town Board’s honor to
declare him as a Recognized Citizen of Cortlandville. Supervisor Williams asked Firefighter
Alteri to approach the Board table, as well as Mr. Robinson who was in attendance. The
Cortlandville Firefighters who were in attendance stood at attention to honor Firefighter Alteri.
Mr. Robinson thanked Firefighter Alteri for saving his life and presented him with the certificate
on behalf of the Town of Cortlandville. Those in attendance applauded Mr. Alteri for his
actions.
RESOLUTION #359 RESOLUTION TO ACKNOWLEDGE CORTLANDVILLE
FIREFIGHTER, JONATHAN ALTERI FOR HIS HEROIC
SERVICE IN THE RESCUE OF A TOWN RESIDENT ON
DECEMBER 16, 2022
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, commend, and thank
Cortlandville Firefighter Jonathan Alteri for his heroic service in the rescue of a Town resident
from an overturned vehicle that was submerged in water off of Kinney Gulf Road, on Friday
morning, December 16, 2022, and it is further
RESOLVED, it gives the Town Board great honor to recognize Firefighter Jonathan Alteri as a
Recognized Citizen of the Town of Cortlandville.
Councilman Guido made a motion, seconded by Councilman Cobb, to approve the Town
Board Minutes of December 7, 2022. All voting aye, the motion was carried.
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 2
RESOLUTION #360 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER
Motion by Councilman Leach
Seconded by Councilman Donlick
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 #1688-1769
HG, SF, SS, SW General Fund A $ 71,164.14
General Fund B $ 12,574.96
Highway Fund DA $ 0.00
Highway Fund DB $ 38,398.26
Gutchess Lumber SC Project HG $1,266,088.20
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 11,364.57
Water Fund SW $ 19,679.24
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 #34-36
Trust & Agency TA $ 54,558.26
Expendable Trust TE $ 0.00
Supervisor Williams acknowledged that there were no requests for privilege of the floor.
Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file
the following monthly reports:
1. Water & Sewer Department – November 2022;
2. Town Parks & Recreation – October/November 2022; and
3. Town Justice Mathey and Town Justice DeMarco – November 2022.
All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file
correspondence from National Grid, dated November 28, 2022, regarding the pole maintenance
scheduled to begin in February 2023 and continue for approximately 30 months. All voting aye,
the motion was carried.
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Charter Communications, dated December 16, 2022, regarding
programming changes. All voting aye, the motion was carried.
Under old business there was discussion regarding the Aquifer Protection Permit
application submitted by CP Read Realty, LLC to permit the construction of a 6,000 square foot
retail store and associated parking, for property located at 3975 Route 281, tax map #86.13-01-
32.000. Attorney DelVecchio explained the SEQRA process to the Board. The Board
commenced their review of Part 2 of the SEQR Short Environmental Assessment Form with
Attorney DelVecchio reading the questions. The Board answered no impact to small impact for
all questions. Discussion occurred regarding the status of the application at the Town and
County Planning Board level. Attorney DelVecchio suggested that if the Board take action that
they do so subject to any and all recommendations from the Town and County Planning Boards,
to which the Town Board agreed.
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 3
RESOLUTION #361 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #7 OF 2022 SUBMITTED BY CP
READ REALTY, LLC FOR PROPERTY LOCATED AT 3975
ROUTE 281 AND AUTHORIZE SUPERVISOR TO
SIGN THE SEQRA APPLICATION
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by CP Read Realty, LLC
(Meldrim’s Paint Center) 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, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of
CP Read Realty, LLC, Aquifer Protection Permit #7 of 2022, shall have no significant
environmental impact, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application
relating to Aquifer Protection Permit #7 of 2022.
RESOLUTION #362 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2022
SUBMITTED BY CP READ REALTY, LLC
Motion by Councilman Donlick
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, the Cortland County Planning Department and Cortland County Planning Board
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, the Aquifer Protection Permit application is under review by the Town Planning
Board, and
WHEREAS, a Public Hearing was duly held by this Town Board, and
WHEREAS, the Town Board duly reviewed and completed the Short Environmental Assessment
Form and declared that the proposed project of CP Read Realty, LLC shall have no significant
environmental impact, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2022,
submitted by 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,
subject to the following conditions from the County Planning Board, and any and all
recommendations from the Town Planning Board after they complete their review:
1. That the Town consider revising §178-45 (B) (1) & (2) of the Code of the Town of
Cortlandville to refer to NYS Department of Environmental Conservation (DEC)
regulations instead of Cortland County Health regulations.
2. That the applicant provide an updated site plan to the Town including a lighting plan,
general landscaping plan, and if necessary, the locations of emergency zones / fire
hydrants.
3. That the Town review the updated site plan to ensure adequate protection of
neighboring properties, especially those which are residential, against noise, glare, or
unsightliness.
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 4
4. That the updated site plan be reviewed and approved by the Town of Cortlandville
Fire Department.
5. That the applicant prepare a stormwater pollution prevention plan (SWPPP) in
compliance with the Town of Cortlandville stormwater ordinance (Article XVI of the
1985 Zoning Law of the Town of Cortlandville, Cortland County, New York) and
provide it to the Town for review and approval.
6. That all construction activities avoid discharge of any materials or contaminants
including sediment, nutrients, and petroleum products into Dry Creek.
7. That the mature trees present along the creek frontage be preserved to the greatest
extent practicable to ensure bank stabilization.
8. That the updated site plan including a general landscaping plan use native New York
and non-cultivar plant species to the greatest extent practicable.
9. That all stormwater management facilities be out of the FEMA 100-year floodplain.
10. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Under new business, Town Clerk Rocco-Petrella reported that the Winter 2022 edition of
the Town’s Newsletter, Talk of the Town was released on December 15, 2022 and was available
electronically on the Town’s website. She reminded the public that the 2023 Cortlandville
Town/County tax bills and 4th Quarter Water/Sewer bills would be mailed by December 31,
2022.
Attorney DelVecchio reported:
WQIP Grant – Previous Land Acquisition to protect the Lime Hollow Wells:
Attorney DelVecchio recalled that in 2019 the Town purchased property from Gutchess
Lumber near the Town’s Lime Hollow Wells for the sole purpose of protecting the wells. The
Town was previously approved for a grant to reimburse the Town for the cost of t he purchase of
the property. He explained that getting approved for a grant is only “a quarter of the battle”, as
there are a lot of administrative tasks that need to be done in order to receive the funds that were
awarded. Attorney DelVecchio was in receipt of the new survey of the property, which the
Board previously authorized be conducted. He was now working on filing a corrected deed for
the property per the State requirements. He stated that eventually, the Town will receive the
funds that were awarded for the purchase of the property.
Town Board Member reports:
Councilman Cobb reported that he and Amanda Rainbow, Assistant to the Supervisor,
attended the December 9, 2022 Cortland County Business Development Corp. meeting which
discussed the local economy, the deal with Micron in Onondaga County, and how the Cortl and
community may be impacted. The Board briefly discussed Micron and the potential impacts it
may have on surrounding areas.
Councilman Guido apprised the Board that he attended the last Cortland County
Redistricting Committee meeting. He explained that when the County devises a new
redistricting plan and map for the number of legislators that it will be put on the general election
ballot in 2023. That said, the changes would not take effect until 2028 since 2023 is an election
year for the County Legislators. By the time the County adopts a new plan, it will be too late to
affect the legislators running for election in 2023.
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 5
Supervisor Williams reported:
Guardrails on Sweeney Road:
Supervisor Williams reported that he asked Highway Superintendent Drach to start the
design/feasibility process for the installation of guardrails on Sweeney Road in the area where
recent accidents occurred. Highway Superintendent Drach explained he spoke with
representatives from the Cortland County Soil & Water Conservation District regarding the
piping to see if the Town and County could work together to accomplish the project and perhaps
apply for grant funding.
Wi-Fi for the Town Highway Garage:
Supervisor Williams explained to the Board there was a critical need for Wi-Fi at the
Town Highway Garage to accomplish truck inspections and other work in the mechanic’s bay.
Highway Superintendent Drach received two proposals from Beard Electric to accomplish the
projects and requested approval from the Board in the total amount of $6,536.00: Proposal No.
836 -$3,672.00; Proposal No. 837 - $2,864.00.
RESOLUTION #363 APPROVE PROPOSAL NO. 836 FROM BEARD ELECTRIC
LLC TO UPGRADE THE WIFI AT THE TOWN HIGHWAY
GARAGE FOR THE TOTAL COST OF $3,672.00
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby approve Proposal No. 836 from Beard Electric
LLC to provide the material and labor for the Wi-Fi upgrade at the Town of Cortlandville
Highway Garage located at 4675 Route 41, to install one new wireless access point in the remote
truck bay for mechanic equipment use; one new network switch to be installed in boiler room;
one wireless access point to be installed at peak on main wall above bathrooms and boiler room;
one new exterior grade category 6 cable to be installed in existing conduits from main building
network room to new switch location; one dedicated 120-volt circuit to be installed for power,
for the total cost of $3,672.00
RESOLUTION #364 APPROVE PROPOSAL NO. 837 FROM BEARD ELECTRIC
LLC TO UPGRADE THE WIFI AT THE TOWN HIGHWAY
GARAGE (MECHANIC’S TRUCK BAY) FOR THE TOTAL
COST OF $2,864.00
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby approve Proposal No. 837 from Beard Electric
LLC to provide the material and labor for the Wi-Fi upgrade at the Town of Cortlandville
Highway Garage located at 4675 Route 41, to install two new wireless access points in the main
mechanics truck bay for mechanic equipment use and to install an existing network switch in the
mechanics office for phone, wireless access points, computer and inspection machine; install one
wireless access point in the mechanics bay, for the total cost of $2,864.00
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file
correspondence from New York State Office of Community Renewal, dated December 1, 2022,
notifying the Town that the Annual Performance Reports for NYS CDBG #287HR317-21
(Town-wide Housing Rehabilitation Project) and NYS CDBG #287ED967-21 (Seven Valley
Specialty Cables, LLC) must be submitted by Friday, January 13, 2023. All voting aye the
motion was carried.
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 6
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file
the notice of award letter from New York State Empire State Development, dated December 9,
2022, regarding the Town’s application for a Strategic Planning and Feasibility Studies Funds
through the Central NY REDC for the Gutchess Lumber Sports Complex (CFA #120694), and
the Town being recommended for an award of up to $32,500. All voting aye, the motion was
carried.
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file
email correspondence from Christy Coon of the William G. Pomeroy Foundation to Wayne
Thurston (applicant on behalf of the Town), dated December 12, 2022, regarding the award of a
grant for a historic marker to be placed at the Town of Cortlandvi lle’s South Cortland Cemetery.
All voting aye, the motion was carried.
RESOLUTION #365 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #5)
REGARDING THE TOWN’S 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 approval of payments (Draw #5) for
the following regarding the Town’s 2021 Community Development Block Grant Town-Wide
Housing Rehabilitation Program (CDBG #287HR317-21):
Luke Searles Plumbing Inc. – Payment to contractor (Evangelista) – $2,200.00
Town of Cortlandville – Payment to supplier (Evangelista) – $50.00
RESOLUTION #366 APPROVE HOLIDAY SCHEDULE 2023
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the following Holiday Schedule for the year 2023 is hereby approved as
follows:
New Year’s Day Observed Monday January 2, 2023
Martin Luther King Jr. Day Monday January 16, 2023
Presidents’ Day Monday February 20, 2023
Memorial Day Monday May 29, 2023
Juneteenth Monday June 19, 2023
Independence Day Tuesday July 4, 2023
Labor Day Monday September 4, 2023
Columbus Day Monday October 9, 2023
Election Day Tuesday November 7, 2023
Veterans Day Friday November 10, 2023
Wednesday* November 22, 2023 (close at 12:00 pm)
Thanksgiving Day Thursday November 23, 2023
Friday* November 24, 2023
Friday* December 22, 2023 (close at 12:00 pm)
Christmas Day Monday December 25, 2023
*Holiday Observation
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 7
RESOLUTION #367 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS
FOR THE YEAR 2023
Motion by Councilman Guido
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be
held at the Peter Alteri Jr. Municipal Garage located at 3587 Terrace Road, Cortland, New York, or
at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, or at
another location within the Town of Cortlandville to be determined by further Town Board action,
on the first and third Wednesday of each month at 5:00 pm, except for the month of November in
which the meetings will be held on the second and third Wednesday of the month, and December in
which a meeting will also be held the last Wednesday of the month at 5:00 pm, and if such day
should fall on a holiday, the meeting shall be held the next business day, and it is further
RESOLVED, if a regular meeting(s) of the Town Board cannot be conducted in person, the
meeting(s) will be held electronically via Zoom video conference and the electronic meeting
registration link will be posted to the Town’s website (cortlandville.org) and available at the Office
of the Town Clerk, and it is further
RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal
Notice form.
RESOLUTION #368 AUTHORIZE PAYMENT APPLICATION NO. 3 SUBMITTED
BY SMITH SITE DEVELOPMENT, LLC 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
Payment Application No. 3 as submitted by Smith Site Development, LLC for payment in the
amount of $1,250,517.40 for the Gutchess Lumber Sports Complex Phase 2, which reflects the
work completed to date ($2,454,002.28) minus the previous applications for payment
($1,080,784.77) and the five percent retainage ($122,700.11).
RESOLUTION #369 ACKNOWLEDGE THAT THE TOWN OF CORTLANDVILLE
COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE
IS AN ADVISORY COMMITTEE AND THAT MINUTES ARE
NOT REQUIRED
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 that the Town of Cortlandville
Comprehensive Plan Implementation Committee is an advisory board and therefore minutes are
not required since there are no binding actions taken.
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 8
RESOLUTION #370 AMEND THE TOWN OF CORTLANDVILLE PERSONNEL
POLICY (EMPLOYEE HANDBOOK) DATED APRIL 2022,
SPECIFIC TO SECTION 1007 – VACATION LEAVE
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 amend the Town of Cortlandville Personnel
Policy (Employee Handbook) dated April 2022, Section 1007 – Vacation Leave, to provide the
following vacation leave for Employees hired after September 1, 2016:
Employees hired after September 1, 2016
Completed,
Continuous
Length of Service as
of
Anniversary Date
Vacation Leave Credited as of
Anniversary Date
Administrative
Hours
Highway/Water/Sewer
Hours
0-12 Months 5 Days after 3 months 35 Hours 40 Hours
1-5 Years 10 Days 70 Hours 80 Hours
6-15 Years 15 Days 105 Hours 120 Hours
16 Years + 20 Days 140 Hours 160 Hours
AND IT IS FURTHER, RESOLVED, the updated Policy replaces the Personnel Policy last
revised on April 6, 2022.
RESOLUTION #371 ACCEPT RESIGNATION FROM ANDREW M. NIVER AS
MOTOR EQUIPMENT OPERATOR FOR THE TOWN OF
CORTLANDVILLE HIGHWAY DEPARTMENT, EFFECTIVE
JANUARY 1, 2023
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 accept the letter of resignation from Andrew
M. Niver as Motor Equipment Operator (M.E.O.) for the Town of Cortlandville, to be effective
January 1, 2023, and it is further
RESOLVED, the Town Board hereby authorizes the Town Highway Superintendent to seek a
replacement for a Motor Equipment Operator due to the upcoming vacancy, and it is further
RESOLVED, the letter of resignation received December 19, 2022, is hereby received and filed.
RESOLUTION #372 AUTHORIZE TITLE CHANGE AND WAGE INCREASE FOR
TOWN HIGHWAY DEPARTMENT EMPLOYEE, NATHAN
HODGE FROM MOTOR EQUIPMENT OPERATOR TO
HEAVY EQUIPMENT OPERATOR WITH TRAILER CDL
EFFECTIVE DECEMBER 21, 2022
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 the tile change and wage increase
for Town Highway Department employee, Nathan Hodge from Motor Equipment Operator to
Heavy Equipment Operator at the hourly rate of $27.59 (Step D), effective December 21, 2022,
and it is further
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 9
RESOLVED, the hourly rate shall increase to $28.97 according to the 2023 Highway
Department Salary Schedule, effective January 1, 2023.
RESOLUTION #373 RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW
YORK, ADOPTED DECEMBER 21, 2022, AMENDING THE
BOND RESOLUTION ADOPTED JANUARY 5, 2022 IN
CONNECTION WITH THE CONSTRUCTION OF
IMPROVEMENTS AT GUTCHESS PARK
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
ADOPTED
WHEREAS, pursuant to the bond resolution adopted by the Town Board of the Town of
Cortlandville, in the County of Cortland, New York (the “Town”), on January 5, 2022, the Town
Board has heretofore duly authorized the construction improvements at Gutchess Park,
consisting of the construction of two baseball fields, the reconstruction and expansion of an
existing parking lot and the construction of a concession building at the estimated total cost of
$2,000,000, which amount was appropriated for such purpose by said Town Board; and
WHEREAS, the Town Board has now determined that it is in the best interest of the Town to
amend said bond resolution;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE
COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less than two-thirds of all
members of said Town Board) AS FOLLOWS:
Section (A) The Bond Resolution of said Town adopted by the Town Board on January 5, 2022,
entitled:
“Bond Resolution of the Town of Cortlandville, New York, adopted
January 5, 2022, authorizing the construction of improvements at
Gutchess Park, stating the estimated maximum cost thereof is
$2,000,000, appropriating said amount for such purpose, and
authorizing the issuance of bonds in the principal amount of
$2,000,000 to finance said appropriation,”
is hereby amended to read as follows:
BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE,
NEW YORK, ADOPTED JANUARY 5, 2022 AND AMENDED
DECEMBER 21, 2022, AUTHORIZING THE CONSTRUCTION
OF IMPROVEMENTS AT GUTCHESS PARK, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $2,000,000,
APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND
AUTHORIZING THE ISSUANCE OF BONDS IN THE
PRINCIPAL AMOUNT OF $2,000,000 TO FINANCE SAID
APPROPRIATION
THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF
CORTLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two -
thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Cortlandville, in the County of Cortland, New York (herein
called the “Town”), is hereby authorized to construct improvements at Gutchess Park, consisting
of the construction of two baseball fields, the reconstruction and expansion of an existing
parking lot and the construction of a concession building. The estimated maximum cost thereof,
including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000
and said amount is hereby appropriated for such purpose. The plan of financing includes the
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 10
issuance of bonds in the principal amount of $2,000,000 to finance said appropriation and the
levy and collection of taxes on all the taxable real property in the Town to pay the principal of
said bonds and the interest thereon as the same shall become due and payable. Any grant funds
received by the Town and any other Town funds available for such purpose are authorized to be
applied toward the cost of said project or redemption of the Town’s bonds or notes issued
therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the
principal of and interest on said bonds or notes.
Section 2. Bonds of the Town in the principal amount of $2,000,000 are hereby
authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to
finance said appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the objects or purposes for which
said bonds are authorized to be issued, within the limitations of Section 11.00 a. 19 (c) of the
Law, is fifteen (15) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued
in anticipation of said bonds may be applied to reimburse the Town for expenditures made after
the effective date of this resolution for the purpose for which said bonds are authorized. The
foregoing statement of intent with respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury Department.
(c) The proposed maturity of the bonds authorized by this resolution will exceed five
years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation
notes issued in anticipation of the sale of said bonds shall contain the recital of validity as
prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of
said bonds, shall be general obligations of the Town, payable as to both principal and interest by
general tax upon all the taxable real property within the Town. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the principal of and interest on said
bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made
annually in the budget of the Town by appropriation for (a) the amortization and redemption of
the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of
interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and
168.00 of the Law, the powers and duties of the Town Board as to authorizing bond anticipation
notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds
herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and
the renewals of said bond anticipation notes, and as to executing contracts for credit
enhancements and providing for substantially level or declining annual debt service, are hereby
delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes
issued in anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is not
authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication
of such resolution, or a summary thereof, are not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7. This bond resolution is subject to a permissive referendum and the Town
Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution,
to publish or cause to be published, in full, in the official newspaper of the Town, having a
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 11
general circulation within said Town, and to post on the sign board of the Town maintained
pursuant to the Town Law, a Notice in substantially the form appearing in Exhibit A hereto.
* * * * *
Section (B) The amendment of the bond resolution set forth in Section (A) of this
resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or
action taken pursuant to said bond resolution as originally adopted, and all such liabilities
incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or
taken pursuant to said bond resolution, as so amended.
Section (C) Said bond resolution, as herein amended, is subject to a permissive
referendum as therein provided. In the event that a valid petition protesting against said bond
resolution, as amended, and requesting that it be submitted to the electors of said Town for their
approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity
of the bond resolution adopted January 5, 2022, shall not be in any way affected and shall remain
in full force and effect.
Section (D) The Town Clerk is hereby authorized and directed, after said bond
resolution, as herein amended, shall take effect, to cause said bond resolution, as herein
amended, to be published, in summary, in the official newspaper of the Town, together with a
Notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the
State of New York.
RESOLUTION #374 RESCIND TOWN BOARD RESOLUTION #237 OF 2022,
“ACCEPT GRANT AWARD FROM NEW YORK STATE
OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION (OPRHP) IN AN AMOUNT NOT TO
EXCEED $500,000 FOR THE GUTCHESS LUMBER PARK
DEVELOPMENT: PHASE 2 AND DELEGATE SIGNING
AUTHORITY TO EXECUTE THE CONTRACT AND
ASSOCIATED DOCUMENTS TO THE TOWN SUPERVISOR”
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 rescind Town Board Resolut ion #237 of 2022,
adopted August 17, 2022, to “Accept Grant Award From New York State Office of Parks,
Recreation and Historic Preservation (OPRHP) in an Amount not to Exceed $500,000 for the
Gutchess Lumber Park Development: Phase 2 and Delegate Signing Authority to Execute the
Contract and Associated Documents to the Town Supervisor”, in order to provide required
language regarding Title 9 of the Environmental Protection Act of 1993.
RESOLUTION #375 ACCEPT GRANT AWARD FROM NEW YORK STATE
OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION (OPRHP) IN AN AMOUNT NOT TO
EXCEED $500,000 FOR THE GUTCHESS LUMBER PARK
DEVELOPMENT: PHASE 2 AND DELEGATE SIGNING
AUTHORITY TO EXECUTE THE CONTRACT AND
ASSOCIATED DOCUMENTS TO THE TOWN SUPERVISOR
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town of Cortlandville applied for financial assistance from the New
York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under Title 9 of the
Environmental Protection Act of 1993, for the purpose of funding the Gutchess Lumber Park
Development: Phase 2, Project #210954; and it is further
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 12
RESOLVED, that the Town of Cortlandville is authorized and directed to accept these grant
funds in an amount not to exceed $500,000 for the project described in the grant applicati on; and
it is further
RESOLVED, that the Town of Cortlandville is authorized and directed to agree to the terms and
conditions of the Master Contract with OPRHP for such Gutchess Lumber Park Development:
Phase 2; and it is further
RESOLVED, that the Town of Cortlandville is authorized and directed to agree to the terms and
conditions of any required deed of easement granted to OPRHP that affects title to real property
owned by the municipality and improved by the grant funds, which may be a duly recorded
public access covenant, conservation easement, and/or preservation covenant; and it is further
RESOLVED, that the Cortlandville Town Board delegates signing authority to execute the
Master Contract and any amendments thereto, any required deed of easement, and any other
certifications to the individual who holds the following elected municipal office: Town of
Cortlandville Supervisor, Thomas A. Williams.
RESOLUTION #376 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT
FOR CNH TRAILER PARK FOR 2023
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, Bret Peek of Albany, New York, owner, submitted a completed application and the
appropriate fee of $65.00 for the renewal of the Mobile Home Park Permit for CNH Trailer Park
located at 3610 Kingsley Avenue in the Town of Cortlandville, tax map #96.09-04-14.000, and
WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an exterior
inspection of the Mobile Home Park on October 14, 2022 and submitted her inspection report to
the Town Board for review, and
WHEREAS, CEO Campbell noted a few items that needed attention and reported that such items
were being addressed by the park manager, therefore
BE IT RESOLVED, the Town Board does hereby approve the Mobile Home Park Permit
Renewal for CNH Trailer Park for the year 202 3 in the names of Bret Peek and Eric Peek of
Albany, New York, and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park
Permit which shall be valid from January 1, 2023 through December 31, 2023, at which point the
permit must be renewed.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Desiree Campbell, CEO, dated December 19, 2022, and the Mobile Home
Park Inspection Summary, Revised December 19, 2022, regarding the exterior property
maintenance re-inspections of the Cortland Estates Mobile Home Park with a recommendation to
renew the permit.
RESOLUTION #377 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT
FOR CORTLAND ESTATES TRAILER PARK FOR 2023
Motion by Councilman Leach
Seconded by Councilman Cobb
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 $945.00 for the renewal of the Cortland Estates Mobile
Home Park Permit for property located at 1054 Route 13 in the Town of Cortlandville, tax map
#96.09-04-10.000, and
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 13
WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an inspection of the
Mobile Home Park on October 12, 2022, and re-inspections on October 31, 2022, November 4,
2022, and on December 5, 2022, and
WHEREAS, CEO Campbell submitted her inspection reports to the Town Board for their review
noting numerous violations of the site, with particular attention to trailer #8 and trailer #11, and
WHEREAS, on December 19, 2022, CEO Campbell conducted a re-inspection of the site and
determined that trailer #8 and trailer #11 were in compliance with NYS Code, therefore
BE IT RESOLVED, at the recommendation of CEO Campbell the Town Board does hereby
approve the Mobile Home Park Permit Renewal for Cortland MHP Associates, Inc. for Cortland
Estates Mobile Home Park for the year 2023 with the understanding that continuous progress
will be made to the park, and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park
Permit, which shall be valid from January 1, 2023 until December 31, 2023, at which point the
permit must be renewed.
RESOLUTION #378 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
FUND BALANCES INTO ESTABLISHED RESERVE
ACCOUNTS PER THE 2022 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 does hereby authorize and direct the Supervisor to transfer
the following funds from fund balances into the following reserve accounts per the 2022 Budget:
- $50,000.00 from DB fund balance into Highway Equipment Capital Reserve Fund DB 231
- $15,000.00 from Water fund balance into Water Improvement Capital Reserve Fund SW 231
- $25,800.00 from Sewer fund balance into Sewer Improvement Capital Reserve Fund SS 231
There was discussion regarding agenda item I-18, “Resolution to adopt the latest version
of the Code Enforcement Rules by New York State for Part 1203 of Title 19”. Councilman
Cobb made a motion to adopt the latest version of the NYS Fire Code.
Attorney DelVecchio interjected and explained that he looked into the matter. He had
hoped the Town Code had a general provision to incorporate amendments made by the NYS
Legislature at any time to the NYS Fire Code; however, the Town does not have such a provision
nor do most municipalities. He explained that it is mandatory that municipalities adopt the new
regulations and incorporate the changes into the Town Code; although no municipalities have
done this yet in Cortland County. Attorney DelVecchio stated that “Cortlandville should serve
as an example to other municipalities” and suggested that he draft a local law that will serve as a
mechanism to incorporate the new changes and incorporate any further changes that NYS makes.
Attorney DelVecchio also mentioned the 68-unit residential/mixed-use building proposed
by Regan Development for property located off of Route 13 (behind Aldi’s). There is a
requirement in the Town Code that specifies that for this type of building, in the district it is
being proposed in, that two points of ingress and egress are required for emergency purposes.
The application is before the Town ZBA for a variance to approve the project as proposed
without two means of ingress and egress for emergency purposes. Attorney DelVecchio recalled
that he brought this matter to the Board in the past, and suggested that changes not be made to
the Town Code to avoid being inconsistent with State Law. He looked into the matter further
and explained that the way the applicant is proposing the project, with the sprinkler systems,
there are some exceptions to that rule. He stated t hat the way they are proposing the project, that
it would not be in violation of the NYS Fire and Building Codes. In drafting the local law that
will incorporate the new changes, he stated it would be prudent to make a change to the Town
Code on that issue. On the issue of emergency ingress and egress that the NYS Building Code
will govern that situation. He stated that the Town Code should not be inconsistent with the
State Code.
DECEMBER 21, 2022 TOWN BOARD MEETING PAGE 14
Supervisor Williams asked if Attorney DelVecchio could accomplish the changes similar
to an omnibus bill, which he said he could. The Board agreed with Attorney DelVecchio
drafting such a local law to accomplish the changes. Councilman Cobb withdrew his original
motion.
With no further comments or discussion to be heard, Supervisor Williams adjourned the
Regular Meeting.
The meeting was adjourned at 5:47 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 January 10, 2023.
The final version of this meeting was approved as written at the Town Board meeting of January 18, 2023.