HomeMy WebLinkAbout2023-12-20 Town Board Minutes
DECEMBER 20, 2023 5:05 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
HOSPITALITY RESTAURANT GROUP (TACO BELL)
860 NYS ROUTE 13
TAX MAP #95.20-02-04.000 & #95.20-02-03.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Deputy
Supervisor Guido presiding, concerning the an application for an Aquifer Protection Permit
submitted by Hospitality Restaurant Group, for the purpose of the demolition of an existing
structure and construction of a new drive-thru style restaurant (Taco Bell), for property described
as 860 NYS Route 13, across from Lime Hollow Road, in front of (northeast of) Lowe’s, tax map
#95.20-02-04.000 & #95.20-02-03.000.
Members present: Supervisor, Thomas A. Williams*
Deputy Supervisor, Jeffrey D. Guido
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present: Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach;
Recreation Director, John McNerney; Cristine Donovan representing Racker; Matt Napierala of
Napierala Consulting representing Hospitality Restaurant Group; Mike McCracken of Hospitality
Restaurant Group; Town Residents: David McNeil; Johanna Ames; Matt Coates; Vicky
VanPatten; Barbara Leach; News Reporter: Jack Lukowsky from Cortland Standard. Others
present via Zoom video/telephone conference*: News Reporter: Eddie Velasquez from Cortland
Voice.
Deputy Supervisor Guido called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice.
Deputy Supervisor Guido offered privilege of the floor to Matt Napierala.
Matt Napierala of Napierala Consulting, representing Hospitality Restaurant Group,
explained the proposed project for the redevelopment of the property, which was formerly the site
of Key Bank. Regarding the Aquifer Protection District permit, he explained that the existing
impervious surface coverage is 70%; the proposed new building and site design would provide
69% impervious surface coverage. The proposed project would not change the draining patterns,
and with the reduction of coverage there should be improvement. He also mentioned that the
Town Planning Board approved the project and recommended the Town Board issue the Aquifer
Protection Permit.
Deputy Supervisor Guido offered privilege of the floor to those in attendance.
No further comments or discussions were heard.
The Public Hearing was closed at 5:10 p.m.
DECEMBER 20, 2023 5:10 P.M.
PUBLIC HEARING NO. 2
PROPOSAL BY RACKER TO ESTABLISH A
COMMUNITY RESIDENTIAL HOME
3266 WALDEN OAKS BLVD.
TAX MAP #106.05-01-24.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Deputy
Supervisor Guido presiding, concerning the proposal by Racker, formally known as Franziska
Racker Centers, to establish a community residential home to be located at 3266 Walden Oaks
Blvd., tax map #106.05-01-24.000. The new community residential home will be a supervised
Individualized Residential Alternative (IRA) for six (6) adults with developmental disabilities who
are currently supported in other Racker homes and need a single-story home that can better support
their needs.
Members present: Supervisor, Thomas A. Williams*
Deputy Supervisor, Jeffrey D. Guido
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present: Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach;
Recreation Director, John McNerney; Cristine Donovan representing Racker; Matt Napierala of
Napierala Consulting representing Hospitality Restaurant Group; Mike McCracken of Hospitality
Restaurant Group; Town Residents: David McNeil; Johanna Ames; Matt Coates; Vicky
VanPatten; Barbara Leach; News Reporter: Jack Lukowsky from Cortland Standard. Others
present via Zoom video/telephone conference*: News Reporter: Eddie Velasquez from Cortland
Voice.
Deputy Supervisor Guido called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice.
Deputy Supervisor Guido offered privilege of the floor to those in attendance.
Cristine Donovan, Executive Director of Racker, explained that the not-for-profit agency
has been serving the community for the past 75 years; families founded the agency to help children
with developmental disabilities stay in the community. Over the past 35 years the agency has
served over one hundred people. Ms. Donovan explained that as children become adults their
needs change. The agency has been looking for a building lot to construct a ranch home accessible
for 6 aging adults with developmental disabilities and was happy the Walden Oaks Blvd. met their
price point, and that the location would provide easy access to services. Ms. Donovan stated that
New York State has worked hard to make sure that people with disabilities can have easy access
to the services they need. She also mentioned that in 1978 a law was passed to ensure that people
with disabilities are not discriminated against and that they have access to the same neighborhoods
and communities as everyone else.
Ms. Donovan stated that Racker has been working with the Town and is confident that the
design of the home can meet the setback requirements for the parcel. She also stated that Racker
is excited to work with the Walden Oaks Homeowners Association and has been working with the
Town Highway Superintendent regarding the driveway access. In closing, Ms. Donovan stated
they would be good neighbors.
Deputy Supervisor Guido thanked Ms. Donovan for her comments.
Deputy Supervisor Guido offered privilege of the floor to David McNeil.
Town Resident, David McNeil spoke in support of the proposed community residential
home. He explained that for the past 28 years he has lived and raised his three children on Highland
Road, directly across the street from a SEQUIN services home. He stated that he found the house
to be no different than other neighbors. He stated that he is an Associate Director of Racker, and
previously served on the Board of Directors. Mr. McNeil stated that Racker would maintain the
residence and would maintain a healthy and safe living environment, adding that “the
neighborhood has nothing to fear”.
Deputy Supervisor Guido thanked Mr. McNeil for his comments.
DECEMBER 20, 2023 PAGE 2
Deputy Supervisor Guido 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 5:18 p.m.
DECEMBER 20, 2023 5:18 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York with Deputy
Supervisor Guido presiding.
Members present: Supervisor, Thomas A. Williams*
Deputy Supervisor, Jeffrey D. Guido
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro;
Highway Superintendent, Larry Drach; Recreation Director, John McNerney; Cristine Donovan
representing Racker; Matt Napierala of Napierala Consulting representing Hospitality Restaurant
Group; Mike McCracken of Hospitality Restaurant Group; Town Residents: David McNeil;
Johanna Ames; Matt Coates; Vicky VanPatten; Barbara Leach; News Reporter: Jack Lukowsky
from Cortland Standard. Others present via Zoom video/telephone conference*: News Reporter:
Eddie Velasquez from Cortland Voice.
Deputy Supervisor Guido called the meeting to order.
Councilman Cobb made a motion, seconded by Councilman Donlick, to approve the Draft
Town Board Minutes of December 6, 2023. All voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Planning Board Minutes of November 28, 2023. All voting aye, the motion was
carried.
Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of November 28, 2023. All voting aye, the
motion was carried.
Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file
the Cortlandville Parks & Recreation Commission Minutes of October 2023. All voting aye, the
motion was carried.
RESOLUTION #356 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0221 TO FERGUSON ENTERPRISES, DBA POLLARD
WATER FOR THE PURCHASE OF A PIPE LOCATOR FOR
THE WATER & SEWER DEPARTMENT FOR THE TOTAL
COST OF $3,460.00
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 and direct the Supervisor to sign
Purchase Order #0221, as submitted by Water/Sewer Superintendent, Brian Congdon to be paid to
Ferguson Enterprises, DBA Pollard Water for the purchase of one (1) Metrotech VM-810 Pipe
Locator for the Water & Sewer Department, for the total cost of $3,460.00 (emergency purchase).
RESOLUTION #357 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0224 TO FERGUSON ENTERPRISES, DBA POLLARD
WATER FOR THE PURCHASE OF A PIPE LOCATOR FOR
THE WATER & SEWER DEPARTMENT FOR THE TOTAL
COST OF $3,497.30
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 2
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0224, as submitted by Water/Sewer Superintendent, Brian Congdon to be paid to
Ferguson Enterprises, DBA Pollard Water for the purchase of one (1) Metrotech VM-810 Pipe
Locator for the Water & Sewer Department, for the total cost of $3,497.30.
RESOLUTION #358 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER
Motion by Councilman Leach
Seconded by Councilman Cobb
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 #1756-1840
HG, SF, SS, SW General Fund A $ 74,107.93
General Fund B $ 17,168.70
Highway Fund DA $ 0.00
Highway Fund DB $ 224,997.01
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 38,681.22
Water Fund SW $ 24,628.58
Funds CD1, CD3, CD4 Voucher #42-46
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 25,931.64
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #36-37
Trust & Agency TA $ 60,778.82
Expendable Trust TE $ 0.00
Deputy Supervisor Guido acknowledged that there were no requests for privilege of the
floor.
Deputy Supervisor Guido introduced Recreation Director, John McNerney who was in
attendance to provide the Board with an update regarding the status of the request for proposals
for the Gutchess Lumber Sports Complex (GLSC) Planning & Feasibility Study.
Recreation Director, John McNerney explained that at the advice of the Cortland County
Business Development Corp. (BDC), the Town applied for a grant to update the Town’s 2016
feasibility study for GLSC, which was completed when the park was just a concept. The Town
was awarded $32,500 (matching grant) to complete a new study. The Town advertised the request
for proposals (RFP’s), completed direct outreach to MWBE firms, seeking a consulting firm to
update the 2016 study. The RFP’s were due by November 15, 2023. Despite the direct outreach
that was done, the Town received two proposals: 1) The Sports Facilities Company: $28,500 plus
reimbursable travel expenses up to $5,000; 2) Ballard & King Associates, LTD: $54,500. Mr.
McNerney explained that he and Machel Phelps reviewed the proposals and provided them to
Thoma Development and the GLSC ad hoc committee for review. It was their suggestion that the
bid be awarded to The Sports Facilities Company. However, at this time, he suggested the Board
table action, pending information and comment from Empire State Development regarding the
grant, as the bids came in much lower than expected. He explained that once awarded, the goal
would be to start the study in 2024 and to complete it within five months. The Board thanked Mr.
McNerney for his report and had no questions.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the monthly reports of Town Justice Mathey and Town Justice DeMarco for the month of
November 2023. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the
monthly report of Code Enforcement Officer, Desiree Campbell for the month of November 2023.
All voting aye, the motion was carried.
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 3
Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the
monthly report of John McNerney, Parks & Recreation Director, for the month s of October and
November 2023. All voting aye, the motion was carried.
Under old business, and regarding the proposal from Racker, formally known as Franziska
Racker Centers, to establish a community residential home to be located at 3266 Walden Oaks
Blvd., tax map #106.05-01-24.000, the Board determined that there was no Town Board action
necessary.
RESOLUTION #359 AUTHORIZE PARTICIPATION IN THE SAFE HARBOR
WELLNESS PROGRAM FOR TOWN OF CORTLANDVILLE
EMPLOYEES/OFFICIALS EFFECTIVE JANUARY 1, 2024 AND
AUTHORIZE THE SUPERVISOR TO SIGN THE EMPLOYER
PROGRAM ADOPTION AGREEMENTS SUBJECT TO
TOWN ATTORNEY REVIEW
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes the participation in the Safe Harbor
Wellness Program for eligible Town of Cortlandville employees/officials effective January 1, 2024
through December 31, 2024, as administered by the Town’s employee benefit consultant, The
Finger Lakes Group, Inc., to include a Wellness Program, Section 125, and Self-Insured Medical
Expense Reimbursement Plan, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to enter into the Employer Program
Adoption Agreements with Safe Harbor for such programs subject to Town Attorney review.
Under new business, Town Clerk Rocco-Petrella apprised the Board she received the
Certification from the Cortland County Board of Elections regarding the Town’s proposition on
the 2023 General Election Ballot concerning the elimination of the second Town Justice position,
which failed. She asked the Board to acknowledge receipt.
RESOLUTION #360 ACKNOWLEDGE RECEIPT OF THE CERTIFICATION FROM
THE CORTLAND COUNTY BOARD OF ELECTIONS
REGARDING THE TOWN OF CORTLANDVILLE’S
PROPOSITION ON THE 2023 GENERAL ELECTION BALLOT
– PROPOSAL NUMBER FOUR, TOWN PROPOSITION
NUMBER ONE, REGARDING THE ELIMINATION OF THE
SECOND CORTLANDVILLE TOWN JUSTICE POSITION,
WHICH FAILED BY A VOTE OF YES 545 TO NO 818
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board hereby acknowledges receipt of the Certification from the
Cortland County Board of Elections regarding the Town of Cortlandville’s proposition on the 2023
General Election Ballot – Proposal Number Four, Town Proposition Number One, which FAILED
by a vote of YES 545 to NO 818:
A resolution was adopted on August 7, 2023, by the Town Board of the Town of
Cortlandville, pursuant to Section 60-a of Town Law, to eliminate the position of
second Cortlandville Town Justice in the Town of Cortlandville, Cortland County,
New York, effective the first day of January following the election held on
November 7, 2023. Should the resolution be approved?
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 4
Town Board reports:
Councilman Cobb stated that it was his last meeting as a Town Councilman, adding that it
was a pleasure to serve the Town and Village residents. He was proud of the numerous
accomplishments made by the Town over the past four years, noting that Cortlandville is the
economic driver of the County. He thanked his family for their support, including his parents for
their guidance which led him into public service. In his life, Councilman Cobb serviced as a
volunteer fire fighter, was the former Mayor of McGraw, and Cortlandville Town
Councilman/Deputy Town Supervisor. The Board thanked Mr. Cobb for his service.
Deputy Supervisor Guido congratulated the SUNY Cortland Football Team for bringing
home the Division 3 National Championship Title.
Highway Superintendent Drach informed the Board that funding is available through the
New York State Department of Transportation BRIDGE NY program, to rehabilitate local bridges
and culverts. He explained that funding would be sought to replace a single and double culvert
pipe in the Hoxie Gorge area. He reached out to fifteen engineering firms requesting proposals to
assist the Town in the design and application process; only seven firms responded. Highway
Superintendent Drach requested approval to authorize Barton & Loguidice to assist the Town with
the engineering design and inspection; the fees would be reimbursed from BRIDGE NY if the
Town is successful in receiving funding. The Town Board was in support of Highway
Superintendent Drach seeking BRIDGE NY funding.
RESOLUTION #361 AUTHORIZE HIGHWAY SUPERINTENDENT TO PROCEED
WITH THE BRIDGE NY GRANT APPLICATION PROCESS
FOR FUNDING WITH ASSISTANCE FROM BARTON &
LOGUIDICE
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs Highway Superintendent to
proceed with the BRIDGE NY grant application to the New York State Department of
Transportation (NYSDOT) for funding to rehabilitate and replace local bridges and culverts in the
Town of Cortlandville, and it is further
RESOLVED, the Board hereby authorizes the engineering consulting firm, Barton & Loguidice,
to assist the Town with the grant application and the design and engineering of the project as
requested by Highway Superintendent Drach.
(Note: Attorney DelVecchio arrived at the meeting at this time.)
There was discussion regarding the Aquifer Protection Permit of Hospitality Restaurant
Group regarding the demolition of an existing structure and construction of a new drive-thru style
restaurant (Taco Bell) to be located at 860 Route 13, tax map #95.20-02-04.000 & #95.20-02-
03.000. Attorney DelVecchio asked if the Board had any questions prior to conducting the SEQR
review, to which there were none. 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.
Councilman Donlick commented on the sidewalk and had questions regarding the
placement of the building on the site, asking what the logic of symmetry was in relation to the
other buildings in the plaza. Mr. Napierala answered that the location of the building was selected
to meet the drive-through circulation requirements.
RESOLUTION #362 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION
PERMIT #7 OF 2023 SUBMITTED BY HOSPITALITY
RESTAURANT GROUP (TACO BELL) FOR PROPERTY
DESCRIBED AS 860 NYS ROUTE 13 AND AUTHORIZE
SUPERVISOR TO SIGN THE SEQRA APPLICATION
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 5
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Hospitality Restaurant
Group, for the purpose of the demolition of an existing structure and construction of a new drive-
thru style restaurant (Taco Bell), for property described as 860 NYS Route 13, across from Lime
Hollow Road, in front of (northeast of) Lowe’s, tax map #95.20-02-04.000 & #95.20-02-03.000,
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
Hospitality Restaurant Group, Aquifer Protection Permit #7 of 2023, 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 2023.
RESOLUTION #363 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2023
SUBMITTED BY HOSPITALITY RESTAURANT GROUP
(TACO BELL) SUBJECT TO CONDITIONS
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed
and recommended approval of this Aquifer Protection Permit application, 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 Hospitality Restaurant Group shall have no
significant environmental impact, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2023,
submitted by Hospitality Restaurant Group, permitting the demolition of an existing structure and
construction of a new drive-thru style restaurant (Taco Bell), for property described as 860 NYS
Route 13, across from Lime Hollow Road, in front of (northeast of) Lowe’s, tax map #95.20-02-
04.000 & #95.20-02-03.000, subject to the following conditions from the Town and County
Planning Boards:
1. That the town of Cortlandville determine whether the proposed site plan meets
acceptable bulk requirements of Code 178 Attachment 5 Town of Cortlandville
Business Districts Bulk Regulations related to setbacks and lot coverage.
2. That the Town require the applicant to coordinate all energy service and infrastructure
changes with National Grid.
3. That the connection to the Cortlandville public water supply and sewer system be
reviewed by the County Health Department and approval obtained from Cortlandville;
approval shall include an engineering report for the installation of the required back
flow prevention device for the public water supply.
4. That a grease trap approved by the County Health Department is installed as part of the
public sewer connection.
5. That any proposal floor drains are connected to the municipal sewer system.
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 6
6. That Town determine whether this proposed number of parking spaces and accessible
spaces are sufficient for the proposed use as required by the Planning Board as per
Code 178 Attachment 5.
7. That the Town require the applicant to provide additional information to the Town for
the proposed signage and demonstrate compliance with Town of Cortlandville Zoning
Code Article XVIII Signs.
8. That the Town consider requiring the applicant to provide a sidewalk for pedestrian
access that connects to the nearby sidewalk.
9. That the Town require the applicant to provide confirmation from the Cortlandville Fire
Department indicating that emergency site plan needs have been satisfied.
10. That the Town require the applicant to complete requirements and obtain approval for
a Food Service Establishment permit from the Cortland County Health Department.
11. That the Town require that the applicant make a separate application to the Town if it
wishes to extend open hours.
12. That the Town require the applicant to update the site plan to include stormwater
management features.
13. That if soil over 1 acre of the combined parcels is to be exposed, applicant develop a
Stormwater Pollution Prevention Plan (SWPPP) and obtain coverage under the permit.
14. That the Town require the applicant to submit a subdivision request and obtain approval
to combine these two parcels.
15. That the Town require the applicant ensure that they shall continually use the best
available means to prevent the contamination of the groundwater and the aquifers of
the Town of Cortlandville.
16. That, if the Town of Cortlandville Code §178-2.4 (A) (8) Wellhead Protection Area
District 1A regulation is applicable, applicant reduce the parcel’s impervious surface
by 5% over existing lot coverage or apply for and obtain a variance.
17. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Attorney DelVecchio reported:
Requirement to Connect to Public Water/Sewer:
Under new business, Attorney DelVecchio informed the Board he was in communication
with Water/Sewer Superintendent Congdon regarding the Town Code provisions to connect to
public water and sewer when available. According to Attorney DelVecchio, the Cortland County
Health Department has denied permits for well and septic due to the Town Code provisions
requiring connection when public water and sewer are available. Attorney DelVecchio advised the
Board that there are provisions that require a resident to connect to public sewer when available,
however he did not see how the Town could legally compel someone to connect. After discussion
with Water/Sewer Superintendent Congdon, he suggested a letter be sent to the Health Department
indicating what the Town’s position is: If a property owner has public water or sewer available that
they connect to the public service, however the Town will not require the property owner to connect
if they could install a well and septic permitted by the Health Department.
After a brief discussion, and further clarification from Attorney DelVecchio, the Board
agreed and directed Attorney DelVecchio to write a letter to the County Health Department
regarding the Town’s position.
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 7
RESOLUTION #364 DIRECT TOWN ATTORNEY TO WRITE A LETTER TO THE
CORTLAND COUNTY HEALTH DEPARTMENT REGARDING
THE TOWN’S POSITION ON CONNECTING TO PUBLIC
WATER AND SEWER, IN THAT THE TOWN WILL NOT
ENFORCE THE CONNECTION TO PUBLIC WATER OR
SEWER
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Attorney to write a
letter to the Cortland County Health Department regarding the Town of Cortlandville’s position on
the requirement to connect to public water and sewer, in which the Town will not enforce the Town
Code provisions to connect to public water or public sewer when available if the Cortland County
Health Department can permit a well and septic.
Renewal of Bond Anticipation Note – Gutchess Lumber Sports Complex:
Attorney DelVecchio explained that he has been working with the Supervisor and Fiscal
Advisors regarding the Bond Anticipation Note (BAN) for the Gutchess Lumber Sports Complex;
one BAN was initiated in 2018 and the second BAN in 2021. The Town must decide as to whether
to convert the BAN to a permanent bond or to renew the BAN for one more year as allowed. He
explained that while the Supervisor has the capacity to make such a decision, Supervisor Williams’
position was that it should be a Board decision. Attorney DelVecchio informed the Board that
Town’s firm, Fiscal Advisors, advised that it was in the best interest of the Town to roll over the
BAN for one more year, expecting reduced interest rates next year. The Town may also pay down
the debt on a BAN prior to it becoming a permanent bond. He explained that for every half
percentage point the interest decreases the Town will save over $100,000 for the life of the
financing. The Board voiced their decision to renew the BAN for one more year and to follow the
advice of Fiscal Advisors. Councilman Leach was in favor of paying down the debt and suspected
that interest rates would drop in 2024.
RESOLUTION #365 AUTHORIZE SUPERVISOR TO PROCEED WITH A RENEWAL
OF THE BOND ANTICIPATION NOTE FOR THE GUTCHESS
LUMBER SPORTS COMPLEX
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to proceed with
the renewal of the Bond Anticipation Note for Gutchess Lumber Sports Complex, as permitted by
law, to provide the Town an opportunity to pay down the debt and hopefully realize lower interest
rates prior to going to permanent bond in 2025.
At this time in the meeting, the Board proceeded with new business items.
Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the
Gutchess Lumber Sports Complex Planning & Feasibility Study (ESD Grant #135,435) Proposal
from The Sports Facilities Companies, LLC of Clearwater, Florida in the amount of $28,500 (plus
reimbursable travel not to exceed $5,000), dated November 15, 2023. All voting aye, the motion
was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the Gutchess Lumber Sports Complex Planning & Feasibility Study (ESD Grant #135,435)
Proposal from Ballard King & Associates, LTD of Highland Ranch, Colorado in the amount of
$54,500, dated November 14, 2023. All voting aye, the motion was carried.
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 8
RESOLUTION #366 TABLE ACTION REGARDING THE AWARD OF A BID AND A
CONTRACT BETWEEN THE TOWN AND SPORTS
FACILITIES ADVISORY, LLC FOR THE GUTCHESS LUMBER
SPORTS COMPLEX PLANNING & FEASIBILITY STUDY (ESD
GRANT #135,435)
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board hereby tables action regarding the execution of an Agreement
between the Town of Cortlandville and Facilities Advisory, LLC regarding the Gutchess Lumber
Sports Complex (GLSC) Planning & Feasibility Study, to allow time for the Town to contact NYS
ESD regarding the contract amount as the bids came in lower than expected.
RESOLUTION #367 TERMINATE AGREEMENT BETWEEN THE TOWN OF
CORTLANDVILLE AND HR-1 FOR HUMAN RESOURCE
CONSULTING SERVICES EFFECIVE DECEMBER 21, 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 hereby terminates the agreement between the Town of
Cortlandville and HR-1 for human resource consulting services, effective December 21, 2023, as
the Town has decided to take a different direction regarding the staffing and management of
Human Resources in the Town to better suit the day-to-day needs of the staff and to provide the
much-needed support for the Financial Administrator of the Town.
RESOLUTION #368 AUTHORIZE SUPERVISOR TO EXTEND THE CONTRACT
WITH SYLVIA HALL, HUMAN RESOURCE CONSULTANT
FOR THE TOWN OF CORTLANDVILLE TO PROVIDE
ADDITIONAL SUPPORT NEEDED IN HUMAN RESOURCES
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Supervisor to
extend the contract with Sylvia Hall, Human Resource Consultant for the Town of Cortlandville,
to provide continued support in Human Resources for the staff and Financial Administrator, at a
rate of $75.00 per hour, until such time as the Town Board makes a formal decision regarding how
to provide the needed services.
RESOLUTION #369 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #22)
REGARDING THE TOWN’S 2021 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING
REHABILITATION PROGRAM (CDBG #287HR317-21)
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 approval of payment (Draw #2 2) for
the following regarding the Town’s 2021 Community Development Block Grant Town-Wide
Housing Rehabilitation Program (CDBG #287HR317-21):
Thoma Development – Payment to contractor (Coville) – $250.00
Thoma Development – Payment to contractor (Cutler) – $500.00
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 9
Thoma Development – Payment to contractor (Evangelista) – $1,510.40
Thoma Development – Payment to contractor (Holl) – $250.00
Thoma Development – Payment to contractor (R. Mowry) – $1,536.80
Thoma Development – Payment to contractor (Weaver) – $500.00
Thoma Development – Program Delivery (Contract) – $24,600.00
Thoma Development – Program Delivery – $600.00
Thoma Development – Administration (Contract) – $6,200.00
Thoma Development – Administration – $199.27
Town of Cortlandville – Administration – $596.86
RESOLUTION #370 AUTHORIZE BUDGET MODIFICATION #1 REGARDING THE
TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK
GRANT TOWN-WIDE HOUSING REHABILITATION
PROGRAM (CDBG #287HR317-21)
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize Budget Modification #1 regarding the
Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program
(CDBG #287HR317-21), to transfer funds from Administration to Program Delivery to cover final
Program Delivery costs.
Supervisor Williams excused himself from the meeting at this time, with Deputy
Supervisor Guido continuing to run the meeting.
Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file
correspondence from New York State Homes and Community Renewal, dated December 19, 2023,
regarding the Budget Modification Approval for New York State Community Development Block
Grant (CDBG #287HR317-21). All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the
following bids, as submitted on December 18, 2023, for the Gutchess Lumber Park Development
– Phase 2 Construction of Concessions Building:
Complete Construction Concepts, LLC Base Bid: $190,000.00
137 S. Main Street Option 1: $ 30,750.00
Homer, NY 13077 Option 2: $ 8,275.00
Option 3: $ 23,150.00
Total Bid: $252,175.00
Economy Paving Co. Inc. Base Bid: $280,000.00
1819 NYS Route 13 Option 1: $ 50,000.00
Cortland, NY 13045 Option 2: $ 30,000.00
Option 3: $ 40,000.00
Total Bid: $400,000.00
All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the
“Recommendation for Award” as submitted by Chuck Feiszli, P.E., Resource Associates, dated
December 19, 2023, regarding the bids submitted for the Gutchess Lumber Park Development –
Phase 2 Construction of Concessions Building, recommending an award to Complete Construction
Concepts, LLC as the lowest bidder and meeting all bid requirements to include the base bid,
options 1, 2, and 3, in the total amount of $252,175.00. All voting aye, the motion was carried.
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 10
RESOLUTION #371 AWARD BID FOR THE GUTCHESS LUMBER PARK
DEVELOPMENT – PHASE 2 CONSTRUCTION OF
CONCESSIONS BUILDING TO COMPLETE CONSTRUCTION
CONCEPTS, LLC IN THE AMOUNT OF $252,175.00
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Willaims
ADOPTED
WHEREAS, bids were advertised for the construction of the Gutchess Lumber Park Development
– Phase 2 Construction of Concessions Building, with work to include the construction of a 3,200
sq ft. pre-engineered concessions building (40'W x 80'L x 10’H Post-Frame building) to be located
at Gutchess Lumber Sports Complex, 3111 Byrne Hollow Crossing in Cortlandville, New York,
to house restroom facilities, a concession stand, office space and storage; the scope of the work to
consist of furnishing all labor, materials and equipment and the work required by the contract
documents, and
WHEREAS, bids were to include the Base Bid and the following options: Option 1: Concrete
Floor; Option 2: Wall Insulation; Option 3: Ceiling and Roof Insulation, and
WHEREAS, sealed bids were opened on December 18, 2023 at 12:00 p.m. and provided to Chuck
Feiszli, P.E. of Resource Associates, for review as follows:
BIDDER
Complete Construction Concepts, LLC
137 S. Main Street
Homer, NY 13077
Economy Paving Co. Inc.
1819 NYS Route 13
Cortland, NY 13045
DESCRIPTION BID AMOUNT BID AMOUNT
Base Bid $190,000.00 $280,000.00
Option 1: Concrete Floor $30,750.00 $50,000.00
Option 2: Wall Insulation $8,275.00 $30,000.00
Option 3: Ceiling &
Roofing Insulation $23,150.00 $40,000.00
TOTAL BID: $252,175.00 $400,000.00
THEREFORE, BE IT RESOLVED, the bid for the Gutchess Lumber Park Development – Phase
2 Construction of Concessions Building, to include the Base Bid, Option 1, Option 2, and Option
3, is hereby awarded to Complete Construction Concepts, LLC of 137 S. Main Street, Homer, NY
13077 in the total amount of $252,175.00, and it is further
RESOLVED, the award is contingent upon the approval by the New York State Office of Parks,
Recreation and Historic Preservation (OPRHP), as funding for this project comes in part through
an Environmental Protection Fund grant administered by OPRHP.
RESOLUTION #372 REAPPOINT JOHN A. DELVECCHIO, ESQ.
AS TOWN ATTORNEY
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby reappoint John A.
DelVecchio, Esq. as Town Attorney for a two-year term (per NY Town Law § 24) commencing
January 1, 2024 until December 31, 2025.
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 11
RESOLUTION #373 APPROVE HOLIDAY SCHEDULE 2024
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the following Holiday Schedule for the year 2024 is hereby approved as follows:
New Year’s Day Monday January 1, 2024
Martin Luther King Jr. Day Monday January 15, 2024
Presidents’ Day Monday February 19, 2024
Spring Celebration Day Friday March 29, 2024
Friday* May 24, 2024 (close at 12:00 pm)
Memorial Day Monday May 27, 2024
Juneteenth Wednesday June 19, 2024
Independence Day Thursday July 4, 2024
Friday* August 30, 2024 (close at 12:00 pm)
Labor Day Monday September 2, 2024
Columbus Day Monday October 14, 2024
Election Day Tuesday November 5, 2024
Veterans Day Monday November 11, 2024
Wednesday* November 27, 2024 (close at 12:00 pm)
Thanksgiving Day Thursday November 28, 2024
Friday* November 29, 2024
Monday* December 23, 2024 (close at 12:00 pm)
Christmas Eve Tuesday December 24, 2024
Christmas Day Wednesday December 25, 2024
Monday* December 30, 2024 (close at 12:00 pm)
New Years Eve Tuesday December 31, 2024
*Holiday Observation
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the
Cortland County Shared Services Plan, dated October 2023 (Revised 12/11/2023), per New York
State’s County-wide Shared Services Initiative law requiring the County Administrator to prepare a
property tax savings plan for shared, coordinated and efficient services among the county, city towns
and villages within Cortland County. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
correspondence from New York State Electric & Gas (NYSEG) and Rochester Gas & Electric
(RG&E), dated December 13, 2023, regarding the upgrade to smart meters and the rollout across
upstate New York. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
correspondence from Cortland Housing Assistance Council Inc., dated December 12, 2023,
regarding an owner-occupied/moderate rehabilitation program to assist income-eligible
homeowners in Cortland County. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
email correspondence from Ravi Desai for Best Western Plus Finger Lakes Inn & Suites (Sky
Hospitality, LLC), dated December 15, 2023, requesting the waiver of the water and sewer late fee
for the October 2023 water sewer bill in the total amount of $390.68. All voting aye, the motion
was carried.
Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file
correspondence from Brian Congdon, Water/Sewer Superintendent, dated December 15, 2023,
regarding his investigation and recommendation for a denial for the request for a waiver/refund of
water and sewer late fees as submitted by Ravi Desai for Best Western Plus Finger Lakes Inn &
Suites (Sky Hospitality, LLC). All voting aye, the motion was carried.
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 12
RESOLUTION #374 DENY REQUEST FOR THE WAIVER AND REFUND OF
WATER AND SEWER LATE FEES AS SUBMITTED BY RAVI
DESAI FOR BEST WESTERN PLUS FINGER LAKES INN &
SUITES (SKY HOSPITALITY, LLC)
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the Town Board hereby denies the request for the waiver and refund of late
fees for the total amount of $390.68 as requested by Ravi Desai for Best Western Plus Finger Lakes
Inn & Suites (Sky Hospitality, LLC), for property located at 3175 Finger Lakes East Drive,
Account #2146, as per the recommendation of the Water/Sewer Superintendent.
RESOLUTION #375 AUTHORIZE TOWN BOARD TO SIGN THE COMMERCIAL
CRIME COVERAGE POLICY FOR THE TOWN OF
CORTLANDVILLE FOR THE YEAR 2024
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
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 2024, agreeing to the coverage
for the elected, appointed and all other Town employees.
There was a brief discussion regarding the schedule of Town Board meetings for the year
2024. As done in previous years, Councilman Leach proposed the Board conduct meetings in the
Village of McGraw (Community Building), in Blodgett Mills, and at the Living History Center or
the Cortland County Jr. Fair. The Board would investigate the availability of the different venues
and would amend the location of meetings as needed.
RESOLUTION #376 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS
FOR THE YEAR 2024
Motion by Councilman Donlick
Seconded by Councilman Leach
VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0
ABSENT – Williams
ADOPTED
BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be
held at the at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York,
or at the Peter Alteri Jr. Municipal Garage located at 3587 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 July in which the
meetings will be held the second and fourth Wednesday of the month, and if such day should fall on
a holiday, the meeting shall be held the next business day, such as the second meeting in June which
shall be held on a Thursday, 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.
DECEMBER 20, 2023 TOWN BOARD MEETING PAGE 13
Deputy Supervisor Guido asked if there was any further business to come before the board.
No further comments or discussion were heard.
Councilman Cobb made a motion, seconded by Councilman Leach, to adjourn the Regular
Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:30 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 February 5, 2024.
The final version of this meeting was approved as written at the Town Board meeting o f February 7, 2024.