HomeMy WebLinkAbout2020-12-02 Town Board Minutes
DECEMBER 2, 2020 5:01 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held via
Zoom video and telephone conferencing with Supervisor Williams presiding as permitted by the
Executive Order of the Governor of the State of New York due to the COVID-19 pandemic.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Highway Sup’t., Larry Drach;
Deputy Town Clerk, Abigail Albro; Town Residents: Tony Dilucci; Judi Riley; Marie Kautz;
Len Kozlowski; and Tim Moes.
Supervisor Williams called the meeting to order and conducted a roll call of all Board
members in attendance.
Councilman Withey made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of November 4, 2020. All voting aye, the motion was carried.
RESOLUTION #312 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0169 TO MAIN MICRO TECHNOLOGIES CORPORATION
FOR THE PURCHASE OF TWO DESKTOP DOCUMENT
SCANNERS
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0169 submitted by the Town Clerk/Records Management Officer to be paid to
Main Micro Technologies Corporation for the purchase of two Fujitsu fi-7160 desktop document
scanners (dual CCD – Duplex 600 dpi x 600 dpi), for records management purposes, for the total
cost of $1,728.00.
RESOLUTION #313 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0170 TO MICROSOFT FOR THE PURCHASE OF 22 USER
LICENSES FOR OFFICE 365 APPS
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0170 submitted by the Town Supervisor to be paid to Microsoft for the
purchase of 22 user licenses (annual charge) for Microsoft Office 365 Apps for computers used
by office personnel in the Town of Cortlandville, for the total cost not to exceed $2,178.00.
RESOLUTION #314 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
DECEMBER 2, 2020 TOWN BOARD MEETING PAGE 2
Funds A, B, DA, DB, Voucher #1572-1631
HG, SF, SS, SW General Fund A $ 40,688.92
General Fund B $ 17,026.85
Highway Fund DA $ 0.00
Highway Fund DB $ 141,071.52
Gutchess Lumber SC Project HG $ 1,330.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 12,316.86
Water Fund SW $ 37,997.64
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 #37-39
Trust & Agency TA $ 40,362.54
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to Tony Dilucci.
Tony Dilucci, a Town resident and President of the Walden Oaks Homeowners’
Association, addressed the Board with regard to the newly installed stop signs located at the
intersection of Bennie Road and Walden Oaks Blvd. He agreed that Mr. Conway’s concerns for
the safety of his grandchildren were valid, however he voiced concerns that the intersection was
no longer safe due to the installation of the stop signs.
In addition to Mr. Dilucci’s concerns that he would voice, he informed the Board that he
received comments from three neighbors that he would paraphrase. Supervisor Williams
suggested the full comments be submitted to the Town Clerk for record.
Mr. Dilucci started with comments from Doreen Stacy. Ms. Stacy lives on the corner of
Bennie Road and Walden Oaks Blvd. and stated in the short time since the stop signs were
installed her quality of life has diminished due to the loud noises from vehicles starting and
stopping, especially trucks. Next, Mr. Dilucci voiced comments from Doug Frederick. Mr.
Frederick understands the need for slowing down the traffic on Bennie Road but feels that
placing stop signs mid hill is hazardous. Lastly, Mr. Dilucci voiced comments from Denise
Mironti. Mrs. Mironti stated if the stop signs are going to stay she is in favor of switching the
current signs to the big lighted stop signs. She stated people are not stopping at the current stop
signs and she was almost hit by a car traveling over Bennie Road.
Mr. Dilucci agreed that speed is an issue on Bennie Road but stated that in an effort to
address the issue, a second and more serious issue was created. He stated that vehicles are
simply not stopping at the stop signs and if they are they speed right back up again. He also
commented on the installation of a proposed streetlight to make the intersection safer adding that
he did not believe a streetlight would help vehicles stop. In his opinion the only thing that will
help is police control. Lastly, he thanked the Board and asked for a response to his comments
before the meeting was over.
Supervisor Williams offered privilege of the floor to Marie Kautz.
Marie Kautz, a Town resident residing in the Walden Oaks subdivision, addressed the
Board with regard to the newly installed stop signs located at the intersection of Bennie Road
and Walden Oaks Blvd. Ms. Kautz stated she was surprised and pleased by the placement of the
stop signs. Speeding has always been an issue and cars appear suddenly. She was unaware of
any safety concerns due to the stop signs. She stated that the stop signs were a positive addition
and that she was not bothered by the stopping and starting of cars because she lives further back
in the subdivision. She voiced support for the addition of a street light and added that the stop
signs and street light will increase the safety for pedestrians walking and biking. Ms. Kautz
thanked the Board for the opportunity to speak.
Supervisor Williams offered privilege of the floor to Judi Riley.
Judi Riley, a Town resident residing in the Walden Oaks subdivision, addressed the
Board with regard to the newly installed stop signs located at the intersection of Bennie Road
and Walden Oaks Blvd. Mrs. Riley thanked the board for the opportunity to speak and thanked
the Board for their service. She stated that her family voiced safety concerns regarding the
installation of the stop signs prior to them being installed. Since the installation of the stop signs
her concerns have increased. Beyond her safety concerns for all drivers, especially her two
DECEMBER 2, 2020 TOWN BOARD MEETING PAGE 3
teenage drivers, she had two questions for the Board. First, was a study done and are stop signs
the safest option? Second, were alternatives to stop signs identified and considered? Mrs. Riley
asked the Board to respond to her questions and thanked them again for the opportunity to speak.
Supervisor Williams offered privilege of the floor to Tim Moes.
Tim Moes, a Town resident residing in the Walden Oaks subdivision, addressed the
Board with regard to the newly installed stop signs located at the intersection of Bennie Road
and Walden Oaks Blvd. Mr. Moes stated that he travels Walden Oaks Blvd. and Bennie Road
every day and is aware of the dangerous speed at which vehicles travel having almost been hit
himself. He stated that the newly installed stop signs seem dangerous now because drivers are
not used to them. He witnessed drivers running the stop signs or “screeching to a stop” but
suggested that with time this would no longer be an issue and the intersection would become
much safer.
Supervisor Williams responded to the comments made by the Walden Oaks residents and
stated the Board is aware of the various dynamics regarding the newly installed stop signs at the
intersection of Bennie Road and Walden Oaks Blvd. He stated, “this is a moving target and if
changes need to be made the Board is prepared make them.” He mentioned that at the last Town
Board meeting the Board approved hiring an engineering firm to conduct a study on Bennie
Road regarding the installation of the stop signs. He was also working with the Sheriff’s
Department to get an officer to patrol the Town of Cortlandville neighborhoods. Supervisor
Williams shared that he is a retired State Trooper, and that proper enforcement is the only way to
deal with speeding.
Councilman Withey informed the Walden Oaks residents that the paperwork for a speed
limit reduction on Bennie Road was submitted to the New York State Department of
Transportation (NYS DOT) for approval. He asked for patience as this process could take up to a
year or more.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
correspondence from Charter Communications, dated November 30, 2020, regarding
programming services. All voting aye, the motion was carried.
Under new business, Town Clerk Rocco-Petrella informed the Board that her office
completed the Water/ Sewer relevy process earlier this week. Delinquent water/sewer accounts
over $60.00 would be collected via the 2021 Town/County tax bill. The total amount relevied
was over $28,000 and was approximately $4,000 more than what was relevied in 2019. Town
Clerk Rocco-Petrella added that her office was now preparing for the upcoming tax collection
season, water/sewer billing and closing the year.
Attorney DelVecchio reported:
Purchase Agreement with Lime Hollow Nature Center:
Attorney DelVecchio apprised the Board that he revised the purchase agreement between
Lime Hollow Nature Center (LHNC) and the Town for the purchase of a portion of property
located off Gracie Road (contiguous to the Gutchess Lumber Sports Complex). The revision
made it clear that the purchase of the property was contingent upon the Town constructing a
building. Supervisor Williams executed the document, as previously approved. Attorney
DelVecchio stated that he would have a signature from LHNC soon. Formal discussion
regarding the construction of a building and its location would occur at a future date.
Loan to Cortlandville Fire District:
Attorney DelVecchio commented that the Board was moving forward with an unsecured
loan to the Cortlandville Fire District in the amount of $300,000. The loan from the Water
Improvement Reserve Fund was approved subject to permissive referendum. The legal notice,
as required, was published in the Cortland Standard. A Special Town Board meeting would be
scheduled for December 28, 2020, which was after the expiration of the permissive referendum,
for Supervisor Williams to execute the agreement. The Cortlandville Fire District’s obligation
would occur prior to the end of the year.
DECEMBER 2, 2020 TOWN BOARD MEETING PAGE 4
Supervisor Williams reported:
NYS CDBG Economic Development/Small Business Funds:
Supervisor Williams requested authorization to sign the pre-submission certification form
for NYS Community Development Block Grant Economic Development/Small Business funds
to assist Seven Valley Specialty Cables, LLC. The pre-submission form was necessary for the
Town and Thoma Development Consultants to proceed with the grant application process.
RESOLUTION #315 AUTHORIZE SUPERVISOR TO SIGN THE PRE-SUBMISSION
CERTIFICATION FORM RELATING TO THE NYS CDBG
ECONOMIC DEVELOPMENT/SMALL BUSINESS FUNDS TO
ASSIST SEVEN VALLEY SPECIALTY CABLES, LLC
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Pre-Submission Certification form relating to the New York State Community Development
Block Grant (NYS CDBG) Economic Development/Small Business funds to assist Seven Valley
Specialty Cables, LLC.
Cortlandville Highway Department - Surplus Equipment:
Supervisor Williams apprised the Board he received a request from Highway Sup’t.
Drach to declare a hydraulic motor as surplus equipment and authorize the trade of the part for
equipment of similar value that would be useful for the Highway Department, such as chainsaws
and blowers. The hydraulic motor was for the roadside mower that was traded in earlier this year
for a new roadside mower and was of no use to the Highway Department at this time. The part
would be traded to CNY Farm Supply, which was the same company the Town traded the old
roadside mower to.
RESOLUTION #316 DECLARE A HYDRAULIC MOTOR AS SURPLUS
EQUIPMENT AND AUTHORIZE THE HIGHWAY
SUPERINTENDENT TO TRADE THE EQUIPMENT TO CNY
FARM SUPPLY
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Guido, Testa, Withey NAY – 0
ABSTAIN – Cobb
ADOPTED
WHEREAS, per Town Board Resolution #262 of 2020, adopted October 21, 2020 the Town
Board authorized the purchase of a new Massey Ferguson Roadside Mower from CNY Farm
Supply (State Bid Contract #17-6221) to include the trade in of the Town’s 2015 Massey
Ferguson 6615 with Alamo Machete 2 (VIN #E141015; MB22-HF-00270), and
WHEREAS, the Town Highway Superintendent submitted a request to the Town Supervisor to
declare a hydraulic motor that was for the 2015 Massey Ferguson 6615 with Alamo Machete 2 as
surplus equipment and to authorize him to trade the part to CNY Farm Supply for equipment of
equal value (chainsaws and blowers), therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to declare
the hydraulic motor as surplus equipment and further authorizes the Highway Superintendent to
trade the equipment to CNY Farm Supply for equipment of equal value and use to the Town.
DECEMBER 2, 2020 TOWN BOARD MEETING PAGE 5
Cayuga Medical Center – COVID-19 Testing Site at GLSC:
Supervisor Williams apprised the Board that Cayuga Medical Center requested use of the
parking lot located at the Gutchess Lumber Sports Complex for a COVID-19 testing site. A
trailer would be parked on site. Representatives from Cayuga Medical met with Highway Sup’t.
Drach regarding their request; they were interested in the location because of the parking lot and
the heated bathrooms. Use of the parking lot and bathrooms as a COVID-19 testing site was not
expected to extend into the Spring of 2021.
Miscellaneous:
Supervisor Williams explained that Water & Sewer Sup’t. Peter Alteri Jr. would attend
the next meeting to give a presentation regarding the possibility for a new production well in
South Cortland. The Town’s engineering firm, CHA Consulting found four sites that could be
desirable.
Supervisor Williams reminded the Board that a Special Town Board meeting would be
held on December 28, 2020 via Zoom to act regarding the loan to the Cortlandville Fire District
and end of the year business, such as payment of bills.
Lastly, Supervisor Williams ask Highway Sup’t. Drach to add to his street lighting policy
that when a new streetlight is approved that he informs the Board. Highway Sup’t. Drach agreed
to do so. He also responded to the earlier conversation regarding the addition of a streetlight at
the intersection of Bennie Road and Walden Oaks Blvd. He informed the Board that a streetlight
was already located at the intersection and he was in the process of replacing the bulb with a
higher wattage bulb to increase visibility. Highway Sup’t. Drach added that he also had a
request for the installation of a new streetlight on Meadow Lane. Supervisor Williams added
that the Highway Sup’t. has the sole authority to approve the streetlight considering two factors:
does it promote traffic safety and/or pedestrian safety.
RESOLUTION #317 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE
TOWN-WIDE HOUSING REHABILITATION GRANT
PROGRAM CDBG #287HR323-19
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED the Town Board does hereby authorize approval of payment for the
following regarding the Town-Wide Housing Rehabilitation Grant Program-CDBG #287HR323-
19:
Wade Sprouse – $5,400.00 (David Bragg, 3483 Route 11 – siding/painting)
RESOLUTION #318 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY DG NEW YORK CS IV, LLC FOR
PROPERTY LOCATED OFF OF RILEY ROAD TO THE TOWN
AND COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by DG New York CS
IV, LLC, for property owned by Forbes Reality, LLC located off of Riley Road, tax map #87.00-
03-08.112, shall be forwarded to the Town and County Planning Boards for review and
recommendations, and it is further
RESOLVED, the Aquifer Protection Permit application is hereby received and filed
DECEMBER 2, 2020 TOWN BOARD MEETING PAGE 6
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the
following Mobile Home Permit Renewal Applications: 1) Cortland Estates Mobile Home Park,
1054 Route 13, tax map #96.09-04-10.000; 2) Landmark Mobile Home Park,1030-1038 Route
13, tax map #96.09-04-09.000. All voting aye, the motion was carried.
Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Lime Hollow Nature Center, dated November 19, 2020, thanking the Town
for the partnership with the “100 Acre Woods” project and clean-up operation. All voting aye,
the motion was carried.
RESOLUTION #319 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
FUND BALANCES INTO ESTABLISHED RESERVE
ACCOUNTS PER THE 2020 BUDGET
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey 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 2019 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
RESOLUTION #320 SCHEDULE SPECIAL TOWN BOARD MEETING FOR
DECEMBER 28, 2020
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby schedule a Special Town Board Meeting for
Monday, December 28, 2020 at 5:00 pm to be held electronically via Zoom conference call/video
conference for the purpose of conducting year-end business, such as paying year-end bills, as well
as to take action with regard to a loan from Town Water Improvement Reserve Funds to the
Cortlandville Fire District, and it is further
RESOLVED, the link to register for the virtual meeting will be posted to the Town’s website and
published in the Cortland Standard.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from John Conway, dated December 3, 2020, and a petition signed by residents
of Bennie Road, Walden Oaks and Coventry Lane requesting a streetlight be installed at the
intersection of Bennie Road and Walden Oaks Blvd. All voting aye, the motion was carried.
Supervisor Williams acknowledged Chairman of the Planning Board, Chris Newell and
Planning Board Member Nasrin Parvizi who were in attendance to discuss recommendations
from the Town Planning Board for amendments to the Town Solar Law. Chairman Newell
asked Member Parvizi to discuss the recommendations and he would comment after.
Planning Board Member Nasrin Parvizi thanked the Board for the opportunity to speak.
She explained that the recommendations were from the Town Planning Board after they received
so many solar applications. She made it clear that the recommendations were from the Planning
DECEMBER 2, 2020 TOWN BOARD MEETING PAGE 7
Board, not the Comprehensive Plan Committee, although she was on that committee and was
also the Chair of the Town’s Solar Energy Law Committee.
Ms. Parvizi explained that after the Planning Board received all the new solar
applications, they realized that some items needed more definition. She explained the following
recommended amendments to the Solar Law as submitted to the Town Board as follows:
Recommendation 1- D(2)(b) [1] lot coverage
Add** the lot coverage is defined further (by SEQR Handbook 4th edition Chapter 2, page 33)
as: “the area covered by solar arrays/panels themselves, and not just areas physical ground
disturbance necessary for installation of foundations/support structure for arrays/panels;
• appurtenant electrical and mechanical components, such as ground/pad. Mounted
transformers and switch gears, meters, or transmission facilities;
• security/perimeters fencing;
• all areas of temporary and permanent physical ground disturbance, including
construction of new or improved roadways, placement/maintenance of gravel
between rows of arrays as needed for erosion control and accesses, berms; and
• vegetated areas that are to be maintained by periodic mowing;”
Recommendation 2- D(3)(c)
Add [8]
Lot coverage. To be the same as defined in section D item (2) small -scale solar system lot
coverage.
Recommendation 3- D(3)(c) [5]
Delete item [5] entirely
G (2)(3) remove “a primary use or” and add another sentence.
• The setback for requirements for ground mounted systems as primary use to be
(the perimeter fence) 100’ from any property line or 500’ from any domiciled
residences which one is greater.
Recommendation 4- E. Allowable percentage of ground mounted solar arrays in each district.
In order to insure the preservation of visual view sheds. We want to add another clause to this
section to limit the number/ a range of solar panels in any given area.
i.e.: a maximum allowable to be 5% of any 1 mile square or no larger than 5 acres solar farm to
be closer than a mile from other large commercial solar installations.
Chairman Newell apprised the Board that he spoke with County Planning Director, Dan
Dineen regarding solar arrays and prime farmland. Mr. Dineen suggested that if the Town were
interested in “having a law with a little more teeth” that they look at the To wn of Preble’s solar
law which forbids building solar arrays on prime farmland. Mr. Newell asked Attorney
DelVecchio, if the Town adopted a regulation prohibiting the construction on prime farmland,
could a use variance be granted if an application was pr esented for a project that was “out in the
middle of nowhere”. Attorney DelVecchio stated it was his understanding that the Town’s solar
law currently says, if a project is being proposed that is on any prime farmland, even 1%, then
the Planning Board has the authority to say no, you cannot put solar arrays on that land. He
stated it was not clear as to which agency’s definition dictates what prime farmland is; is it the
DEC or the County Planning Department who decides what prime farmland is. He suggested the
Town could clarify that issue. Regardless, there is already a provision that gives the Town
“Planning Board the authority to deny an application simply on the mere fact that a project is
being proposed to be built on prime farmland.”
Chairman Newell stated, “the point of discussion would be, who do we go to as far as
what is prime farmland?” The County has already done all the homework and has the maps. He
suggested the Board look into adopting that information. Attorney DelVecchio stated that a
modification could be made to make it clear that prime farmland is to be defined by what the
County Planning Department uses in its set of tools to designate prime farmland, or the DEC has
its own parameters as to what prime farmland is or is not.
Chairman Newell stated that an applicant should have that information available prior to
making application so they know where they can and cannot build.
Attorney DelVecchio commented on the question as to whether a use variance could be
granted on prime farmland. He reiterated that the Solar Law says the Planning Board can say no
if the application is on prime farmland.
Ms. Parvizi interjected and stated that “the use variance is the zoning law; prime
farmland is something has nothing to do with the zoning – it is by the Ag. Department and is
defined. She stated it is very clear what is prime farmland in Cortland County and what is not.
DECEMBER 2, 2020 TOWN BOARD MEETING PAGE 8
The Town Zoning Ordinance would say that we say which zone we allow large scale ground
mount solar installations, and applications must be made before the Planning Board. The
application must go through the SEQR process. Ms. Parvizi stated that the Town’s Solar Law
“has a lot of teeth already”. The areas she saw deficiencies in are what she brought up for
amending. If the Board wanted to add more regarding farmland they could do so. She stated
that the Solar Law was not created out of nowhere. A lot of model s were used, including the
Regional Development of Central New York, as well as local laws from the Town of Dryden,
Homer and Village of Homer. The Town’s Solar Law was made more specific to the Town of
Cortlandville. She added that there were recommendations that solar arrays be allowed in R-1
areas and that was rejected.
Chairman Newell asked about the next steps to approve the the Comprehensive Plan and
developing a plan to get it underway. Supervisor Williams suggested Chairman Newell and Ms.
Parvizi submit their recommendations to the Board. Ms. Parvizi stated she already submitted
recommendations to Attorney DelVecchio from the Comprehensive Plan Committee and from
CHA regarding how to incorporate solar into the Comprehensive Plan.
At this time, Supervisor Williams suggested the Board receive and file the
recommendations submitted by Ms. Parvizi and to direct Attorney DelVecchio to draft a
proposed amendment to the local law using the recommendations. He suggested the matter be
brought back up for discussion at the next Town Board meeting.
Councilman Testa made a motion, seconded by Councilman Withey to receive and file
correspondence from Town Planning Board Member, Nasrin Parvizi, dated November 19, 2020,
regarding recommendations for amendments to the Town Solar Law. All voting aye, the motion
was carried.
RESOLUTION #321 AUTHORIZE TOWN ATTORNEY TO DRAFT A PROPOSED
LOCAL LAW TO AMEND THE TOWN OF CORTLANDVILLE
SOLAR ENERGY LAW
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to draft a
proposed Local Law to amend the Town of Cortlandville Solar Energy Law utilizing the
recommendations submitted by Planning Board Member, Nasrin Parvizi on behalf of the Town
Planning Board.
Attorney DelVecchio commented on the recommendations and explained that the issue
regarding lot coverage has to do with, “does the area underneath the panels constitute disturbed
property?” The main issue that comes along with that is, “if the property underneath the panels
is disturbed that will require a closer analysis, especially in the SEQR process, which increases
the magnifying glass for the Planning Board to analyze the project.” The other issue is the
setback. The suggestion was for 100’ from any property line or 500’ from any domiciliary
residence. Attorney DelVecchio stated that would have a big impact because the solar panels
will have to be further back from the property line, which could address some of the issues that
have come up with visual impacts. He explained there are a few controversial applications in
process in which one of the biggest concerns is the visual impact. There could also be a
disqualification of some properties with the suggested setbacks. The property owner could go to
the Zoning Board of Appeals and attempt to get approval for an area variance to deviate from the
500’ restriction. Before a change is made to the ordinance, he suggested the Board understand
the effect the changes might have.
Supervisor Williams suggested Attorney DelVecchio move forward with drafting the
suggested amendments and to perhaps leave the numbers for setbacks blank and up for
discussion. The matter could be addressed at the next Board meeting. Chairman Newell stated
that the setback numbers may have to be adjusted to perhaps 100’ and 300’.
No further comments or discussion were heard.
Councilman Withey made a motion, seconded by Councilman Cobb, to recess the
Regular Meeting to an Executive Session to discuss a contract. All voting aye, the motion was
carried.
DECEMBER 2, 2020 TOWN BOARD MEETING PAGE 9
The meeting was recessed at 6:07 p.m.
Councilman Withey made a motion, seconded by Councilman Cobb, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 6:27 p.m.
Members of the public were invited to return to the meeting at this time.
No further comments or discussion were heard.
Councilman Withey made a motion, seconded by Councilman Cobb, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:28 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 22, 2020.
The final version of this meeting was approved as written at the Town Board meeting of February 3, 2021.