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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) DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 2 DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 3 DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 4 DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 5 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. DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 7 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. DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 8 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. DECEMBER 28, 2020 SPECIAL TOWN BOARD MEETING PAGE 9 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.