HomeMy WebLinkAboutB - 03 Town Board Minutes 11/15/2023
NOVEMBER 15, 2023 5:04 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
McGraw Community Building, 15 Clinton Street, McGraw, New York with Deputy Supervisor
Cobb presiding.
Members present: Deputy Supervisor, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Excused: Supervisor, Thomas A. Williams
Others present: Town Attorney, John DelVecchio; Highway Superintendent, Larry Drach;
Assistant to the Supervisor, Amanda Rainbow; County Legislator, Joe Nauseef; Connie White;
John Barden; Town Residents: Pamela Jenkins; Bob Martin; Chad and Andrea Niggli; Patrick
Leach; Justin Cobb; Bernice Potter-Masler; Glenn Reisweber; News Reporters: Jack Lukowsky
from Cortland Standard; and Eddie Velasquez from Cortland Voice.
Deputy Supervisor Cobb called the Regular Meeting to order.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the
Cortlandville Planning Board Minutes of September 26, 2023. All voting aye, the motion was
carried.
Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of October 24, 2023. All voting aye, the
motion was carried.
Councilman Guido made a motion, seconded by Councilman Donlick, to approve the Draft
Special Town Board Minutes of October 24, 2023. All voting aye, the motion was carried.
RESOLUTION #334 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1492 TO KURTZ TRUCK EQUIPMENT FOR A 140” DUMP
TRUCK CYLINDER FOR THE TOWN HIGHWAY
DEPARTMENT FOR THE TOTAL COST OF $3,099.53
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1492 to be paid to Kurtz Truck Equipment, as requested by Highway
Superintendent Drach, for the purchase of a 140” Dump Truck Cylinder, for the total cost of
$3,099.53.
RESOLUTION #335 AMEND 2023 BUDGET AND AUTHORIZE TRANSFER OF
FUNDS
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust
the accounts of the 2023 Budget for the Town of Cortlandville as follows:
NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 2
BUDGET JOURNAL ENTRIES:
Debit Credit Amount Reason
A1910.4 A1990.4 $5,178.93 Was more than estimated (Insurance)
A7110.1 A1990.4 $12,551.07 Added a full-time employee (Gutchess personnel)
A7110.1 A7110.21 $5,000.00 Added a full-time employee (Gutchess personnel)
A7110.1 A7110.23 $10,000.00 Added a full-time employee (Gutchess personnel)
A7110.1 A7110.24 $2,500.00 Added a full-time employee (Gutchess personnel)
A7110.4 A7110.24 $7,500.00 To cover expenses (Gutchess contractual)
A7110.4 A7110.41 $3,000.00 To cover expenses (Gutchess contractual)
A7110.4 A7110.43 $10,349.36 To cover expenses (Gutchess contractual)
A7110.4 A3310.4 $7,000.00 To cover expenses (Gutchess contractual)
A7110.44 A3310.4 $3,500.00 To cover expenses (Gutchess contractual)
B7310.4 B1990.4 $4,898.08 Contract more than budgeted (Youth programs)
DB5112.2 DB5110.4 $136,169.73 CHIPS always over to get more next year (CHIPS)
DB51332.4 DB5130.4 $435.00 Service Alert (Hwy Storage Lime Hollow)
RESOLUTION #336 AUTHORIZE PAYMENT OF VOUCHERS – NOVEMBER
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #1601-1648
HG, SF, SS, SW General Fund A $ 177,389.13
General Fund B $ 11,006.46
Highway Fund DA $ 0.00
Highway Fund DB $ 107,698.54
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 18,357.17
Water Fund SW $ 25,985.73
Funds CD1, CD3, CD4 Voucher #40-41
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 0.00
Business Devl CD4 $ 25,150.00
Funds TA, TE Voucher #(None)
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
Deputy Supervisor Cobb offered privilege of the floor to John Barden.
John Barden apprised the Board he was in attendance to discuss a complaint made more
than three years ago to the Town concerning property located at 3697 Route 215, which he stated
was a residential zoned neighborhood. Mr. Barden stated that the property owner turned the
property into commercial property without the proper permits. Mr. Barden stated that he would
like to email the Town Board and asked for a response to his questions, which he said he would
like to put on record with the Town Clerk. He asked why the Code Enforcement Officer, who was
employed by the Town, was not able to write citations without going through the Town Attorney.
Deputy Supervisor Cobb thanked Mr. Barden for his comments.
Deputy Supervisor Cobb offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins, added to the comments made by Mr. Barden stating that
the property is zoned residential and has been for decades. The Town’s adopted Comprehensive
Plan also shows the parcel mapped as residential. She stated that under NYS Zoning Law the ZBA
cannot legally grant a use variance for the logging business because the hardship has been self-
imposed; the owner chose to locate to the area. She stated that this should have been treated as a
code violation and not allowed to go on for three years. Ms. Jenkins continued, stating that the
property was not in the character of the neighborhood; it was a visual change; higher intensity use;
violates the zoning that was established; and should not have been allowed to continue and expand.
Ms. Jenkins later submitted her comments in writing to the Town Clerk for the record.
Deputy Supervisor Cobb thanked Ms. Jenkins for her comments.
NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 3
Deputy Supervisor Cobb offered privilege of the floor to Bob Martin.
Town resident, Bob Martin thanked Deputy Supervisor Cobb for his service to the Town
and congratulated Glenn Reisweber, who was in attendance, for “filling his shoes next year” as
the newly elected Town Councilman.
Mr. Martin commented on the proposed budget transfers to be approved, noting that the
transfers relate to personnel for the Gutchess Lumber Sports Complex (GLSC), suggesting the
money should have been transferred in advance as the Town knew they added a full-time
employee.
Mr. Martin discussed the 2024 Preliminary Budget to be approved as the 2024 Town
Budget, noting that there were no changes. He commented on sales tax revenue and the budgeted
amounts in 2022, 2023 and for 2024 and claims that GLSC would bring $1 million in sales tax
revenue. Mr. Martin also asked why the mortgage tax revenue for 2024 was budgeted $100,000
less than in 2023. Lastly, Mr. Martin asked what the budget line DB5124.4 transportation and
bridges was for and asked why it is needed in the budget.
Deputy Supervisor Cobb thanked Mr. Martin for his comments.
Deputy Supervisor Cobb offered privilege of the floor to Connie White.
In lieu of his upcoming retirement from public service, Connie White, Chair of the Cortland
County Republican Party, recognized Deputy Supervisor Cobb for his service as Town
Councilman and Deputy Supervisor for the Town of Cortlandville, in addition to his previous
service with the McGraw Fire Department and as the former Mayor of the Village of McGraw.
She stated that it was fitting to honor him in his hometown, the Village of McGraw, where he was
a lifelong resident. Ms. White presented Deputy Supervisor with a “Citation” from Assemblyman
Jeff Gallahan, celebrating his dedication to the community, which she read aloud as follows:
NEW YORK STATE ASSEMBLY
CITATION
IN RECOGNITION OF CORTLANDVILLE TOWN COUNCILMAN JAY COBB
Whereas, this legislature takes great pride in recognizing and applauding those individuals who have
dedicated their lives to public service, and have shown unwavering commitment to their community; and
Whereas, Jay Cobb, a lifelong resident of the Village of McGraw, has devoted his life to public service,
contributing significantly to the betterment of the community he loves; and
Whereas, his remarkable service began in 1974 when he joined the McGraw Fire Department, and over the
years, he has exhibited exemplary leadership, serving as the Captain of Active Hose Company #1 in 1979,
and later as the Chief of the McGraw Fire Department in 1989, holding the roles of 1st, 2nd, and 3rd chief;
and
Whereas, he has been a steadfast member of the Cortlandville Town Board from 2020 to 2024, contributing
his skills and knowledge to the betterment of the town; and
Whereas, his commitment to public service extends beyond governance, having served as the Mayor of the
Village of McGraw from 2005 to 2007, leaving an indelible mark on the Village’s progress during his
tenure; and
Whereas, after retiring from the Town Board, Jay Cobb anticipates continued engagement with Village
projects, a testament to his enduring commitment to the betterment of McGraw; now, therefore, be it
Proclaimed, that I Assemblyman Jeff Gallahan, along with the citizens of the 131st Assembly District, offer
sincere gratitude and heartfelt thanks to Jay Cobb for his exemplary service, leadership, and dedication to
the Town of Cortlandville.
Those in attendance applauded Deputy Supervisor Cobb, while he thanked Ms. White for
her comments.
Deputy Supervisor Cobb offered privilege of the floor to County Legislator, Joe Nauseef.
County Legislator, Joe Nauseef provided an overview of his service as a County Legislator
LD-12 for the past four years. He stated that it was an honor and a privilege to serve the residents
and that he has worked hard to honor the commitments he made when running for election and
looked forward to serving another term. He spoke of achievements made in the community such
as the following: Higgins Supply celebrated 100 years of business; a McGraw student participated
NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 4
in the National Shooter Gun Championship; a teacher from McGraw School District was honored
as one of the best teachers in the nation. Mr. Nauseef informed the Board that he would be the
next Mayor of the Village of McGraw and looked forward to serving in that capacity.
Deputy Supervisor Cobb thanked Mr. Nauseef for the update and for his service.
Deputy Supervisor Cobb offered privilege of the floor to Patrick Leach.
Patrick Leach, Chair of the McGraw Recreation Committee, thanked the Board for their
commitment and support for the Recreation Committee, and the additional donation that would be
received from the Town to support the much-needed improvements to the softball field. He
explained that with the help of the McGraw Softball Club and its volunteers, $14,000+/- was raised
towards improving the softball field. The softball field will be used by players 6 years old+. While
McGraw High School had a field on Bennett Street, it does not have a sand infield like they have
regionally. Mr. Leach reiterated the Recreation Committee’s appreciation of the Town’s support.
Deputy Supervisor Cobb thanked Mr. Leach for his comments.
Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file
the monthly report of Code Enforcement Officer, Desiree Campbell for the month of October
2023. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the
monthly report of the Cortland Community SPCA for the month of October 2023. All voting aye,
the motion was carried.
Councilman Leach made a motion, seconded by Councilman Donlick to receive and file
the monthly report of Town Justice Mathey and Town Justice DeMarco for the month of October
2023. All voting aye, the motion was carried.
Under new business, Town Clerk Rocco-Petrella requested the Board authorize the
discharge of mortgage for a 2016 CDBG recipient who satisfied the terms of the agreement. She
also requested the Board receive and file the Pre-Relevy Report of delinquent water and sewer
accounts ($60.00+) that will be relevied to the 2024 Cortlandville Town/County tax bill if not paid
by November 30, 2023.
RESOLUTION #337 AUTHORIZE DEPUTY SUPERVISOR TO EXECUTE
DISCHARGE OF MORTGAGE BETWEEN THE TOWN AND
THOMAS THOMPSON, CATHY THOMPSON, AND THOMAS
R. THOMPSON REGARDING THE 2016 TOWNWIDE
HOUSING REHABILITATION PROGRAM
Motion by Councilman Guido
Seconded by Councilman Leach
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Deputy Supervisor Guido
to execute the discharge of mortgage between the Town and Thomas Thompson, Cathy Thompson,
and Thomas R. Thompson, 3686 US Route 11, McGraw, New York, regarding the 2016 NYS
Community Development Block Grant (CDBG) Townwide Housing Rehabilitation Program
(#287HR326-16), in the amount of $27,150.00.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the
Pre-Relevy Report of delinquent water and sewer accounts ($60.00+) that will be relevied to the
2024 Cortlandville Town/County tax bill if not paid by November 30, 2023, as provided by the
Town Clerk’s Office. All voting aye, the motion was carried.
NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 5
Attorney DelVecchio reported:
Request to Bidders for Gutchess Lumber Sports Complex Phase 2, Concession Building:
Attorney DelVecchio apprised the Board that the Request to Bidders for Gutchess Lumber
Sports Complex Phase 2, Concession Building was close to being complete. He commended the
Supervisor’s Assistant, Amanda Rainbow, for her hard work helping him to create the document,
noting that others assisted as well. He stated that the town has a fiscal responsibility to be careful
with taxpayer dollars and was optimistic that the bids would come back to the town at the dollar
amount the Town expected.
Under new business, Councilman Guido asked the Board to acknowledge Deputy
Supervisor Cobb for his service to the Town and read the proposed resolution aloud. Town Clerk
Rocco-Petrella provided some information relative to Deputy Supervisor Cobb’s tenure and
thanked him for his service. The Board, and those in attendance once again applauded Deputy
Supervisor Cobb.
RESOLUTION #338 ACKNOWLEDGE JAY E. COBB FOR HIS SERVICE TO THE
TOWN OF CORTLANDVILLE AS TOWN COUNCILMAN
AND DEPUTY TOWN SUPERVISOR FROM 2020-2023
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge and thank Jay E. Cobb for his hard
work, devotion, and commitment to the Town of Cortlandville as Town Councilman and Deputy
Town Supervisor from January 1, 2020 through December 31, 2023.
Deputy Supervisor Cobb thanked the Board for acknowledging his service. He thanked
his constituents and stated that it has been a privilege to serve his community and that he is very
proud of what he’s been a part of accomplishing.
At this time in the meeting the Board proceeded with new business.
Deputy Supervisor Cobb requested a motion to adopt the Preliminary Budget with no
changes as the Town Budget for the year 2024. He explained that the Town would not be
exceeding the tax cap. A local law to override the tax cap would not be necessary. There was no
further discussion with regard to the budget.
RESOLUTION #339 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2024
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Cobb, Donlick, Guido NAY – Leach
ABSENT – Williams
ADOPTED
WHEREAS, on the 8th day of November 2023 the Town Board of the Town of Cortlandville held
a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax
on benefited properties in the Town Sewer and Town Water Improvement Districts, approved by
the Town Board, and filed with the Town Clerk for fiscal year commencing January 1, 2024 and
having heard all persons in favor of, or against any items therein contained, and
WHEREAS, no modifications were made to the Preliminary Budget, therefore
BE IT RESOLVED, the Preliminary Budget is hereby approved, and the same is hereby adopted
and established as the annual budget of this Town for the fiscal year beginning January 1, 2024
and such annual budget, as so adopted, is filed with the Town Clerk, and it is further
NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 6
RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law,
duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the
benefit of improvement for the Sewer and Water Funds, adopted pursuant to Section 202-a of the
Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the
Supervisor shall present the copies of the annual budget to the Legislature of Cortland County
within ten days after his receipt thereof from the Clerk.
RESOLUTION #340 AUTHORIZATION TO RELEVY OUTSTANDING GRASS AND
WEED CONTROL CHARGES ONTO THE 2024 TAX ROLL OF
THE TOWN OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
WHEREAS, pursuant to Chapter 98 of the Code of the Town of Cortlandville the Highway
Superintendent of the Town is authorized by Section 98-4 to enforce grass and weed control, therefore
BE IT RESOLVED, the Town Board does hereby authorize the following outstanding grass and
weed control charges for the year 2023, as submitted by the Town Highway Superintendent and
Code Enforcement Office, be relevied onto the 2024 tax roll of the Town of Cortlandville:
Desiree Willis 97.04-01-14.000 3527 Kellogg Road $372.00
Total: $372.00
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file
correspondence from Cortland County Personnel/Civil Service Department dated October 19,
2023 regarding an amendment to provisional service and probation. All voting aye, the motion
was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
correspondence from Regan Development Corporation, dated November 1, 2023, regarding the
project Cortlandville Commons, located at 968 Route 13, tax map #96.13-01-02.110, and the
application to the New York State Division of Housing and Community Renewal (DHCR) for
consideration under the Federal Low-Income Housing Tax Credit (LIHTC) and the New York
State Low-Income Tax Credit (SLIHC) Programs. All voting aye, the motion was carried.
RESOLUTION #341 TABLE ACTION REGARDING OPTING IN TO THE SAFE
HARBOR WELLNESS PROGRAM AS A BENEFIT FOR THE
EMPLOYEES OF THE TOWN OF CORTLANDVILLE
Motion by Councilman Guido
Seconded by Councilman Leach
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the Town Board hereby tables action regarding opting into the Safe Harbor
Wellness Program as a benefit for the employees of the Town of Cortlandville until after the
Town’s employee benefits representative from The Fingerlakes Group conducts a presentation to
the Town employees and department heads regarding the possible benefit.
RESOLUTION #342 DECLARE A 2013 CHEVROLET 3/4 TON PICKUP TRUCK
AND A 2004 CHEVROLET ¾ TON PICKUP TRUCK AS
SURPLUS EQUIPMENT AND AUTHORIZE HIGHWAY
SUPERINTENDENT TO SELL THE VEHICLES USING
AUCTIONS INTERNATIONAL
NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 7
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the Town Board does hereby declare a 2013 Chevrolet ¾ ton pickup truck
(Vin #1GC2KXCG7DZ249515) and a 2004 Chevrolet ¾ ton pickup truck (Vin
#1GCHK29U94E320831) as surplus equipment due to cost of repairs exceeding the value of the
trucks, and it is further
RESOLVED, the Town Board does hereby authorize and direct Highway Superintendent Drach
to sell the vehicles using Auctions International.
Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file
correspondence from the Racker Center dated, November 7, 2023, regarding establishing a new
community residential home at 3266 Walden Oaks Blvd. All voting aye, the motion was carried.
Attorney DelVecchio commented on the request from the Racker Center. He explained
that the property is located in the Walden Oaks Planned Unit Development (PUD). According to
the PUD approved by the Town, the parcel in question was originally designated for a daycare
facility. After research and discussion with PZO Weber, Attorney DelVecchio explained that the
appropriate procedure was for the Town Planning Board to review the request and to give a
recommendation to the Town Board as to whether to allow the change in use. The request would
be on the Planning Board’s November meeting agenda. The Town Board would take action at a
later date.
Deputy Supervisor Cobb asked if there was any further business to come before the Boad.
Attorney DelVecchio requested the Board convene to an Executive Session to discuss pending
litigation.
Councilman Leach made a motion, seconded by Councilman Guido to recess the Regular
Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was
carried.
The meeting was recessed at 5:40 p.m.
Councilman Guido made a motion, seconded by Councilman Leach, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 6:25 p.m.
No action was taken.
With no further business to be heard, Deputy Supervisor Cobb adjourned the Regular
Meeting.
The meeting was adjourned at 6:25 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 November 22, 2023.
The final version of this meeting was approved as written at the Town Board meeting of , 2023.