HomeMy WebLinkAbout2020-12-28 Town Board Minutes
DECEMBER 28, 2020 4:00 P.M.
SPECIAL TOWN BOARD MEETING
The Special 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; Bookkeeper, Megan Johnson; Planning and Zoning Officer
Bruce Weber; Planning Board Members: Chris Newell, Chairman; Nasrin Parvizi; Nick Renzi;
Ann Hotchkin; and Laird Updyke; Zoning Board of Appeals Members: John Finn, Chairman;
Carlos Karam; and Bernice Potter-Masler; Representative from NYSERDA, Ian Latimer, Project
Manager, Clean Energy Siting ; and Town Resident: Bob Martin.
Supervisor Williams called the meeting to order and asked for a roll call of all Board
members in attendance. He turned the floor over to Attorney DelVecchio.
Attorney DelVecchio introduced Ian Latimer from NYSERDA who was in attendance to
discuss Battery Storage Energy Systems as well as some “hot button topics regarding solar in the
Town”. Mr. Latimer was provided with the proposed amendments to the Town Solar Law prior
to the meeting for his review and input.
Mr. Latimer thanked the Board for inviting him to the meeting. He explained that he is
the Project Manager of the Clean Energy Siting team for NYSERDA. His team works with
communities and local governments supporting them regarding permitting and siting solar
projects as well as with PILOT agreements. Mr. Latimer hoped to make the work-session
informative. He prepared some slides to go over but was flexible to make sure the conversation
was relevant. Mr. Latimer gave the following presentation to the Board, entitled “Discussion:
Zoning Considerations for Renewable Energy.” Topics to discuss were: 1) Battery Energy
Storage Systems to include: An Introduction to Battery Energy Storage Systems (BESS); 2020
Uniform Code; Zoning Considerations; 2) Solar Energy Systems; 3) NYSERDA solicitation.
(INTENTIONALLY LEFT BLANK - SEE NEXT PAGE FOR PRESENTATION)
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At the conclusion of his presentation, Mr. Latimer provided the opportunity for members
of the Town Board, Planning Board and Zoning Board of Appeals to ask questions.
There was discussion regarding setback requirements. PZO Weber explained that the
Town has a 50 ft. setback. Mr. Latimer stated it was reasonable to go above the 50 ft. setback.
For projects abutting a residential district, it would be reasonable to increase the setback
requirements from 50 ft to 100 ft. Discussion continued regarding the setback requirements for
solar energy systems in residential districts. Mr. Latimer commented that for non-participating
residents (for solar projects) a 250 ft. requirement could be appropriate.
Planning Board Member, Nasrin Parvizi explained that one of her concerns has to do
with the density, not lot coverage. She asked, “In one square mile, what is the density per area?
Per square mile?”
Mr. Latimer responded that to his knowledge the state level siting process does not
address density in that way. Project locations and density is located by grid capacity. Some of
the highest costs are connecting to the grid. (Tens of millions of dollars or hundreds of millions
of dollars are spent.) Mr. Latimer stated that he was aware of a couple of towns that address
DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 6
percentage of soils or zoning districts but was not aware if those provisions were legal. There
are ways to approach a town-wide cap or density cap, but it is a new provision.
Planning Board Member, Laird Updyke asked if New York State’s goal for obtaining
1,500 MW of energy storage statewide by 2025 would be met before the current funding runs
out. He also asked about the future goals and whether NYSERDA funding will continue a long
as the goals are in place. Mr. Latimer explained the State’s storage initiative and stated that
incentives are declining as the cost of the systems is dropping. As the lithium battery systems
become more affordable the funding is decreasing.
Planning Board Member, Nick Renzi asked if there are any unique problems with battery
storage. He also asked if there were specific requirements for the placement of the battery
storage system.
Mr. Latimer responded that problems could be fire and explosions. Battery energy
storage systems are often located near solar farms.
Mr., Renzi informed Mr. Latimer that the Town has approximately 13 solar projects
either in the process of being constructed or on the desks of the Planning Board members for
review. He asked if NYSERDA reviews applications for towns. Mr. Latimer explained that his
team is working to provide a pool of people who could provide that support, however
NYSERDA needs funding available to provide the support.
Mr. Renzi asked whether it was mandatory that the connection be above ground, or can it
be underground? He also asked if the output for a solar array farm could be underground. Mr.
Latimer stated that the model law requests the connection be underground. As to the question
regarding the output for a solar array, Mr. Latimer stated it was project specific. Mr. Renzi
mentioned that for one of the pending large scale solar projects the Planning Board was told that
the lines had to be above ground. Mr. Updyke interjected and stated he remembered hearing
that, but said it was a National Grid requirement. Mr. Latimer responded that he would research
the question and respond back with more information.
Mr. Renzi asked for information regarding solar projects on prime farmland and slopes.
Mr. Latimer referred to the slide from his presentation for Section 8(J) Special Use Permit
Standards – Agricultural Resources. He stated that there was research regarding farming under
panels; some crops can do well.
Planning Board Chairman, Chris Newell asked Mr. Latimer if he would review a
proposed amendment to the Town’s current solar law, which Mr. Latimer indicated that he
would.
Councilman Withey asked about the life of the battery energy storage system and
decommissioning. Mr. Latimer responded that the life span is probably based on manufacturer.
He would take to his energy storage team for further information.
Attorney DelVecchio informed Mr. Latimer that the Planning Board made a
recommendation for a 100 ft. setback from a solar facility. Ms. Parvizi clarified that the
recommendation is 100 ft. from the property line, or 500 ft. from a permanent residence.
Mr. Latimer explained the phrase “non-participating occupied residence” which means
someone who is not leasing their land to a developer. He stated that the setback could be waived
with permission. He added that a provision for 500 ft. may be overly burdensome.
Mr. Latimer explained that the 250 ft. comes from proposed regulations for proposed
municipal siting; 250 ft. was reasonable. Mr. Latimer added that considering existing
technology, he could see where the state may override the 500 ft.
Mr. Latimer briefly mentioned the 2020 NYSERDA solicitation for projects to fund,
which included the Homer/Solon/Cortlandville 90 MW large scale project. He explained that the
award decision was not tied to the State permitting decision but was strictly financial. If the
project were chosen to receive an award the project would not receive the money until the project
was up and running.
Mr. Updyke asked a question regarding battery energy storage facilities, which he
imagined being attached to a wind or solar energy source. He asked if the utility provider was
required to buy back the energy. Mr. Latimer commented that stand along battery energy storage
systems are possible, but you are more likely to see such systems in populated areas. He stated it
was important to include battery energy storage systems in a law.
In closing Mr. Latimer provided his contact information and would provide supplemental
information/answers to questions posed as soon as possible. Supervisor Williams and the many
officials in attendance thanked Mr. Latimer for his time and expertise.
Planning Board Member Renzi asked Supervisor Williams if attendance at this meeting
could earn the Planning Board/ZBA Members one hour of training towards their four hours of
required training per year. Supervisor Williams would respond to the question later.
The workshop portion of the meeting concluded at 5:24 p.m. The Board proceeded with
the special meeting agenda items.
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Supervisor Williams asked for a moment of silence in honor of Councilman Testa’s
sister, Ersilia Basile who recently passed.
RESOLUTION #344 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER
Motion by Councilman Testa
Seconded by Councilman Withey
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:
Funds A, B, DA, DB, Voucher #1738-1764
HG, SF, SS, SW General Fund A $ 7,533.28
General Fund B $ 4,342.39
Highway Fund DA $ 0.00
Highway Fund DB $ 32,467.69
Gutchess Lumber SC Project HG $ 415.41
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 979.68
Water Fund SW $ 300,547.92
Funds CD1, CD3, CD4 Voucher #15-15
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 5,400.00
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #41-41
Trust & Agency TA $ 485.49
Expendable Trust TE $ 0.00
RESOLUTION #345 AUTHORIZE PAYMENT OF VOUCHERS – 2021 PRE-PAIDS
Motion by Councilman Testa
Seconded by Councilman Withey
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:
Funds A, B, DA, DB, Voucher #1765-1770
HG, SF, SS, SW General Fund A $ 19,593.79
General Fund B $ 1,129.55
Highway Fund DA $ 0.00
Highway Fund DB $ 15,560.15
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 9,653.89
Water Fund SW $ 12,094.92
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 #42-43
Trust & Agency TA $ 45,072.47
Expendable Trust TE $ 0.00
Under new business, Supervisor Williams reported that he had a meeting with County
Legislature Chair, Paul Heider regarding the Rocks 13 mining permit expansion and the Town’s
opposition to such. Mr. Heider would prepare a letter to the NYS DEC as an endorsement to the
position the Town has taken.
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There was a brief discussion regarding the Executive Order signed by the Governor of the
State of New York to allow municipalities to authorize the Assessor to grant exemptions on the
2021 Assessment Roll similar to what was given in 2020. Attorney DelVecchio explained that
the Town Board is given the authority to come up with a procedure for the Assessor to follow
when things such as the sale of a house occurs. Attorney DelVecchio suggested the Board allow
Assessor David Briggs to use his discretion in such situations. He spoke highly of Mr. Briggs
and gave him accolades for his professional knowledge and his position as a respected Assessor
in New York State.
RESOLUTION #346 AUTHORIZE TOWN ASSESSOR TO GRANT EXEMPTIONS
ON THE 2021 ASSESSMENT ROLL PURSUANT TO THE
EXECUTIVE ORDER SIGNED BY THE GOVERNOR OF THE
STATE OF NEW YORK
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, Governor Andrew M. Cuomo signed an Executive Order on December 18, 2020
affecting Subdivisions 7, 7-a and 8 of section 459-c of the Real Property Tax Law, and
subdivisions 5, 5-a, 5-b, 5-c and 6 of section 467 of the Real Property Tax Law, therefore
BE IT RESOLVED, that the Town Board hereby directs the Assessor of the Town of
Cortlandville to grant exemptions pursuant to the above referenced sections on the 2021
assessment roll to all property owners who received that exemption on the 2020 assessment roll,
thereby dispensing with the need for renewal applications from such persons, and further
dispensing with the requirement for the Assessor of the Town to mail renewal applications to
such persons, and it is further
RESOLVED, that in situations in which the Assessor for the Town has reason to believe that an
owner who qualified for the exemption on the 2020 assessment roll may have since changed his
or her primary residence, added another to the deed, transferred the property to a new owner, or
died, the Assessor for the Town shall use his or her discretion in determining a procedure for a
renewal application to be filed.
There was discussion regarding scheduling a date for a workshop for the Town Board to
discuss the Draft Comprehensive Plan. The Board agreed to conduct the workshop on
Wednesday, January 13, 2021 at 4:00 p.m. Members of the Planning Board, ZBA and the
Town’s engineering firm CHA Consulting were invited to attend and participate in discussion.
The meeting would be open to the public but would not be a public hearing.
Attorney DelVecchio asked the Board to discuss their intent for the renewal of the Bond
Anticipation Note for the Gutchess Lumber Sports Complex. As discussed at previous meetings
a decision was necessary for Fiscal Advisors and Bond Counsel to prepare the necessary
paperwork for the sale of the current BAN; time was of the essence. He explained that renewing
the BAN for another year, with the 6-month option to move to a long-term bond was previously
discussed to pursue entering a relationship with PBR or another entity. If the Town repays the
bond with a tax-exempt status the Town would not be able to enter such a relationship with PBR.
More time was needed to discuss the Town’s options with PBR. Supervisor Williams explained
that he had a meeting planned for January 5, 2021 to discuss the Town’s options. Councilman
Withey voiced concern that the item was not on the agenda for discussion and suggested the
Board wait until January to act.
Attorney DelVecchio asked the Board to convene to an Executive Session to discuss a
contract before acting on agenda items I-6 and I-7 regarding the emergency payment (loan) to
the Cortlandville Fire District.
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.
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The meeting was recessed at 5:42 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 5:51 p.m.
Members of the public were invited to return to the meeting at this time.
RESOLUTION #347 AMEND 2020 BUDGET AND AUTHORIZE SUPERVISOR TO
TRANSFER FUNDS IN ORDER TO PROVIDE A LOAN FROM
THE WATER IMPROVEMENT RESERVE FUND TO THE
CORTLANDVILLE FIRE DISTRICT
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 amend
the 2020 Budget for the Town of Cortlandville and to transfer $300,000 from SW231 (Water
Reserve) to SW201 (Water Savings) to account for the loan to the Cortlandville Fire District.
RESOLUTION #348 AUTHORIZE EMERGENCY PAYMENT IN THE AMOUNT OF
$300,000 TO THE CORTLANDVILLE FIRE DISTRICT FROM
THE TOWN’S WATER IMPROVEMENT CAPITAL RESERVE
FUND
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, the Town of Cortlandville Fire District previously issued a renewal Revenue
Anticipation Note (RAN) in the amount of $300,000 which note becomes due on or before
December 31, 2020; and
WHEREAS, the District intended to pay said RAN in full through the receipt of Grant funds
previously approved in the amount of $300,000 from the New York State Dormitory Authority;
and
WHEREAS, due to the COVID-19 Pandemic the approved grant funds have not been disbursed
although these funds are expected to be received in 2021; and
WHEREAS, the Town of Cortlandville is prepared to assist the Fire District in meeting this
payment obligation on the RAN by December 31, 2020; and
WHEREAS, the Town Board by resolution (subject to permissive referendum) authorized the
expenditure of $300,000.00 as an emergency payment to the Cortlandville Fire District
contingent on the Fire District to pay back the Town at a market rate of interest at a term to be
later determined. The funds expended to effectuate the payment will be derived from the reserves
with the said fund and not from the unreserved fund balance; and
WHEREAS, the time limit for the said permissive referendum has expired and the Town having
received no objections;
NOW, THEREFORE, BE IT RESOLVED, that the Town authorizes the said expenditure to the
Cortlandville Fire District with the understanding that the Fire District reimburse the Town at an
interest rate of ____ % on or before December 31, 2021; and it is further
RESOLVED, the Supervisor is authorized to execute any and all documents, if any, to effectuate
this arrangement.
DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 10
Supervisor Williams asked if there was anything further to come before the Board.
Councilman Withey complimented Highway Sup’t. Drach and his employees for their
work during the last snowstorm. Their efforts were noticed and appreciated.
Attorney DelVecchio asked for formal action regarding the Town’s intent to move
forward with a renewal of the BAN for the Gutchess Lumber Sports Complex. He apologized
that the item was not formally on the agenda. He and Town Clerk Rocco-Petrella commented
that the item should have been on the agenda and that the importance of a decision was stressed
at the December 16, 2020 meeting. The Board agreed to move forward with a 1-year BAN with
the option to move to a long-term bond at 6-months. Councilman Withey voiced his desire for
this to be the last renewal of the short-term BAN. Attorney DelVecchio would inform Bond
Counsel and Fiscal Advisors of the Board’s decision.
RESOLUTION #349 AUTHORZE SUPERVISOR TO PROCEED WITH A 1-YEAR
BOND ANTICIPATION NOTE (BAN) RENEWAL FOR
THE GUTCHESS LUMBER SPORTS COMPLEX
Motion by Councilman Withey
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to proceed
with a 1-year Bond Anticipation Note (BAN) renewal for the Gutchess Lumber Sports Complex,
in the amount of $2,685,000, and it is further
RESOLVED, the Town Attorney shall notify Bond Counsel and Fiscal Advisors accordingly.
Supervisor Williams announced that the Town Board meetings for the month of January
would be held via Zoom. Meeting registration information would be available on the Town’s
website and in the office of the Town Clerk.
Councilman Withey asked if the questionnaire was available regarding the proposal from
Park Outdoor Advertising for locating a billboard on the Town’s Gutchess Lumber Sports
Complex property (off Route 13). Attorney DelVecchio explained that the matter was before the
Zoning Board of Appeals (ZBA) at this time. The ZBA postposed its December meeting until
the end of January as there was only one item on the agenda. The Planning Board would be
meeting via Zoom on December 29, 2020.
Supervisor Williams thanked the Board for their work throughout the year and briefly
recapped his first year of his term in office.
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 5:58 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 23, 2021.
The final version of this meeting was approved as written at the Town Board meeting of February 3, 2021.