Loading...
HomeMy WebLinkAbout2021-01-20 Town Board MinutesJANUARY 20, 2021 5:14 P.M. PUBLIC HEARING NO. 1 NEW YORK STATE SMALL CITIES CDBG PROGRAM NEW YORK STATE OFFICE OF COMMUNITY RENEWAL 2021 CDBG APPLICATION FOR ECONOMIC DEVELOPMENT A Public Hearing was held by the Town Board of the Town of Cortlandville 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, for the purpose of hearing public comments on the Town’s community development needs, and to discuss the possible submission of a Community Development Block Grant (CDBG) application for the 2021 program year. 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 DelVecchio; Highway Sup’t. Larry Drach; Deputy Town Clerk, Abigail Albro; Daniel Ellis from Thoma Development Consultants; Town Residents: Peter Morse-Ackley; Robert Martin; and News Reporter: Colin Spencer from the Cortland Standard. Due to technical difficulties the videoconference meeting did not start at 5:00 p.m. as scheduled. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to Daniel Ellis. Daniel Ellis, representing the Town’s grant writing consulting firm Thoma Development Consultants, outlined information regarding the 2021 NYS Community Development Block Grant (CDBG) Program. He discussed the different projects that could be funded underneath the CDBG program and then touched on the application for Seven Valley Specialty Cables, LLC. Mr. Ellis explained there are five types of programs that can be applied for under the CDBG program: 1. Housing Rehabilitation – up to $500,000 per applicant to assist low to moderate income persons; 2. Public Facilities program – up to $300,000 for improvements to town office buildings related to accessibility; 3. Up to $1,000,000 for projects such as sanitary sewers; 4. Micro-enterprise Assistance Program – up to $300,000 funding to assist small businesses with their start-up or to help with expansion; 5. Economic Development Program – up to $750,000 for start-up businesses and existing businesses. Mr. Ellis mentioned previous economic development grant projects such as Byrne Dairy and Royal Motors that were successfully funded through the grant process. Mr. Ellis informed those in attendance that Seven Valley Specialty Cable is a new business that grew out of the now defunct Cortland Cable Company that was located in the City of Cortland until 2019. Cortland Cable closed its Cortland, New York facility and moved its operations to various other facilities throughout the United States. Seven Valley Specialty Cables is proposed to produce hi-tech specialty cables for niche markets such as aerospace, defense, oceanographic, oil and gas, and seismic offshore uses. Seven Valley Specialty Cables estimates it has approximately 135 customers nationwide which it could procure custom manufacturing contracts with. Many of those customers are previous customers of the Cortland Cable Company which have been left without manufacturing partners since Cortland Cable discontinued its New York operations. Seven Valley Specialty Cables has procured a 5 -year lease at its new 21,000 square foot facility located at 839 Route 13 in the Town of Cortlandville (former Smith Corona facility). The proposed project will require $330,000 of CDBG funding for a project that will have a total cost of $825,000. If awarded, the CDBG will be divided up as follows: $270,000 for the purchase of specialty equipment for the manufacturing of cable; $25,000 for furniture and fixtures; and $25,000 allocated for working capital to support the general operating expenses of the business during the early stages of startup. The business owner, Sherwin Nepomucena, also has a $75,000 equity contribution committed to the purchase of equipment and $420,000 in private loans for equipment. JANUARY 20, 2021 PUBLIC HEARING NO. 1 PAGE 2 Mr. Ellis explained that to achieve the CDBG National Objective, Seven Valley Specialty Cable will create 22 new jobs, of which 12 of the jobs will be made available to low-moderate income persons. Supervisor Williams thanked Mr. Ellis for the information and 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 5:34 p.m. JANUARY 20, 2021 5:34 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 DelVecchio; Highway Sup’t. Larry Drach; Deputy Town Clerk, Abigail Albro; Daniel Ellis from Thoma Development Consultants; Town Residents: Peter Morse-Ackley; Robert Martin; and News Reporter: Colin Spencer from the Cortland Standard. Supervisor Williams called the meeting to order and asked for a roll call of the Board members in attendance. Councilman Cobb made a motion, seconded by Councilman Testa, to approve the Draft Town Board Minutes of January 6, 2021. All voting aye, the motion was carried. RESOLUTION #25 AUTHORIZE PAYMENT OF VOUCHERS – YEAR END 2020 (ABSTRACT #29) Motion by Councilman Withey Seconded by Councilman Testa 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 #1801-1847 HG, SF, SS, SW General Fund A $ 17,848.96 General Fund B $ 8,719.39 Highway Fund DA $ 0.00 Highway Fund DB $ 15,092.36 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 483.35 Water Fund SW $ 21,039.34 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 #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 RESOLUTION #26 AUTHORIZE PAYMENT OF VOUCHERS – JANUARY Motion by Councilman Withey Seconded by Councilman Testa 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 #12-46 HG, SF, SS, SW General Fund A $ 287,666.35 General Fund B $ 99,807.42 Highway Fund DA $ 0.00 Highway Fund DB $ 13,282.99 JANUARY 20, 2021 TOWN BOARD MEETING PAGE 2 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 181,933.25 Water Fund SW $ 197.30 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 #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Supervisor Williams acknowledged that John McNerney and Machell Phelps planned to update the Board regarding the scheduled events for the Gutchess Lumber Sports Complex and the fee schedule, however neither were in attendance at this time. If either Mr. McNerney or Ms. Phelps entered the meeting later, Supervisor Williams stated he would offer them the opportunity to address the Board. There were no further requests for privilege of the floor. Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1) Water & Sewer Department – December 2020; 2) Fire & Safety Inspector/CEO, Desiree Campbell – December 2020; 3) Cortland Community SPCA – December 2020; and 4) Town Justice LeFevre and Town Justice Mathey – December 2020. All voting aye, the motion was carried. RESOLUTION #27 ACCEPT THE CORRECTED 2019 ANNUAL FINANCIAL REPORT (AUD) OF THE TOWN SUPERVISOR Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Annual Financial Report (AUD) of the Town Supervisor for the year 2019, as corrected, is hereby accepted and shall be received and filed. RESOLUTION #28 ACCEPT ANNUAL REPORT OF THE TOWN CLERK Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Annual Report of the Town Clerk, as submitted by Town Clerk Kri stin E. Rocco-Petrella, RMC for the year 2020 is hereby accepted, and shall be received and filed. Under Old Business, Supervisor Williams asked for a resolution to proce ed with the 2021 NYS Community Development Block Grant (CDBG) Economic Development/Small Business Application for Seven Valley Specialty Cables, LLC. RESOLUTION #29 AUTHORIZE SUPERVISOR TO PROCEED WITH THE APPLICATION TO NYS OFFICE OF COMMUNITY RENEWAL FOR THE 2021 NYS COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT/SMALL BUSINESS GRANT APPLICATION ON BEHALF OF THE TOWN OF CORTLANDVILLE FOR SEVEN VALLEY SPECIALTY CABLES, LLC Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb Guido, Testa, Withey NAY – 0 ADOPTED JANUARY 20, 2021 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to proceed with the application to New York State Office of Community Renewal for the 2021 NYS Community Development Block Grant Economic Development/Small Business grant application on behalf of the Town of Cortlandville for Seven Valley Specialty Cables, LLC. Attorney DelVecchio reported: Termination of Temporary Easement – 781 Sylvan Way: Attorney DelVecchio apprised the Board he received a request from town resident and attorney, Bill Crane to terminate the temporary easement involving his property located at 781 Sylvan Way. He explained that the temporary easement was to allow Town vehicles to turn around in his driveway to service the road. Sylvan Way is now configured in such a way that Town vehicles no longer need to use his property. Highway Sup’t. Drach agreed that the temporary easement (from 1977) was no longer needed. With the Board’s approval, Attorney DelVe cchio would draft the necessary document to accomplish the termination of the temporary easement, have the Supervisor sign the document and file it with the County Clerk. Supervisor Williams added that the new turnaround process provides for a turnaround within the right-of-way. He added that there were no improvements to any person’s personal property. RESOLUTION #30 AUTHORIZE SUPERVISOR TO EXECUTE THE RELEASE OF A TEMPORARY EASEMENT FOR PROPERTY LOCATED AT 781 SYLVAN WAY OWNED BY WILLIAM D. CRANE Motion by Councilman Cobb Seconded by Councilman Withey VOTES: AYE – Williams, Cobb Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, in 1977 the Town of Cortlandville was a granted a temporary easement for the use of property located at 781 Sylvan Way in order for Town vehicles to turn around on the property to service the road, and WHEREAS, the temporary easement is no longer required due to the construction of a turnaround on Sylvan Way, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the release of a temporary easement for property located at 781 Sylvan Way in the Town of Cortlandville, tax map #85.16-01-36.120, owned by William D. Crane, and further authorizes the Town Attorney to file the release with the Cortland County Clerk as required. Amendments to Solar Energy Law: Attorney DelVecchio apprised the Board that the proposed modifications to the Solar Law should have been on the agenda for the Board to discuss. Attorney DelVecchio provided the Board with corrections to the proposed amendments previously submitted to the Board for their review (December 16, 2020 Town Board Meeting, Resolution #340). He explained that the proposed amendments must be forwarded to the Town and County Planning Boards for their review and recommendations prior to scheduling a public hearing. Attorney DelVecchio asked the Board to discuss their intent regarding the setback requirements for ground-mounted systems, which was left blank in the proposed amendment previously submitted to the Board for their review. Discussion occurred as follows: Attorney DelVecchio: Second issue is in your packet. Very late Patty should have added the proposed modifications to our Solar Law that I received from the Planning Board and there are four of them there. I sort of legalized them and made reference to the relevant sections. Which section exactly is being proposed to be changed. And, I'm going to give credit where credit is due. Kristin pointed out that since the… if the Town is going to go forward with adopting a Local Law to make these proposed modifications actually happen, then because the Solar Law is a part of our Zoning Ordinance it's not like your typical run-of-the-mill Local Law process. Basically, there's an extra step. The Town Board has to refer these proposed modifications to the Town Planning Board and the County Planning Board for any input. And that has to happen prior to the scheduling JANUARY 20, 2021 TOWN BOARD MEETING PAGE 4 of a Public Hearing. So, if you want to have any discussion on these proposed modifications we’ve hit them pretty hard. We've had, as you know, a sort of workshop. Where a gentleman from NYSERDA had some input on them, but feel free to ask me any questions, but what I'm looking for tonight is to receive and file these… well actually, before we go there. There's one... the last proposed modification has to do with setbacks. And, what I need you to please discuss is a footage regarding what those proposed setbacks are going to be. The recommendation of the Planning Board was 500 feet from any setback. And, we're talking about large-scale Solar Projects here not small-scale. So large projects. So what the Planning Board's recommendation was, is that whenever there's a large-scale project that there be at least 500 feet from any property line and also 500 feet from any domiciliary residents. We’re talking a permanent home, not a camp home. Or any non-participating residence as well. The 500 feet recommendation, in the eyes of the expert NYSERDA gentleman, seems to be quite a bit. I think he said that his sort of... what he's seen over and over is anywhere from 100 to 250. So I would recommend that you consider 100 to 250 somewhere in there. Keep in mind that whatever you decide, and let's say a project comes along and the Project Manager basically wanted less of a setback because of how the property is configured, let's say you went with 250 and let's say it just makes sense to build a project closer to the property line, say 100 feet. It's not like the Project Manager just can't build it there. They can go to the Zoning Board of Appeals to ask for an Area Variance in that scenario. So, I'd like you to have a little discussion if you will please regarding that footage number. Councilman Withey: John, it’s Doug. I kind of personally like the 500 feet that they're recommending. We’ve got the option of going to Planning and Zoning or Zoning for an Area Variance. That would bring it back to a case-by-case basis and justify it to the parties that would be in close proximity to that. Attorney DelVecchio: Well, I wouldn't call it a case-by-case basis. They would have to go to the Zoning Board of Appeals and the Zoning Board of Appeals would have to apply a legal standard to determine whether or not an Area Variance is appropriate. So it's not just some quick and easy thing and it's granted just like that. So the number that you pick, I believe, is an important one. Councilman Withey: And, I agree with that. Supervisor Williams: John, would you speak to SEQR for a minute. Attorney DelVecchio: Ah, yes. Supervisor Williams: SEQR can… let’s say at 250 or whatever, we pick a number and... is any of the features of SEQR... whoever handles SEQR... could they say, “no because of the unique neighborhood, or unique characteristic... whatever.” Could they increase that number? Attorney DelVecchio: That's actually a very good question, because one of the… Supervisor Williams: I try to ask very good questions. Attorney DelVecchio: One of the factors in the SEQR analysis is whether or not the proposed project is in compliance with our Zoning Regulations. And so let's take an example, let's say that a large-scale project comes in and let's say our law says 250, you decide on 250. And, then let's say that the Project Manager wants to put the project 100 feet from any property line. Let's say there are no objections from any neighbors, nobody lives around there, but then a SEQR analysis is done by the Planning Board or whatever lead agency conducts the SEQR analysis. One of the factors says, again, is the proposed project small or moderate to large in terms of complying with our Zoning Ordinance. And the answer to that question could be, moderate to large if the setback is 250 feet and they want to build it 150 feet or excuse me 100 feet away. So that could have an impact on a SEQR finding. So that is something to put in the back of your mind. We're getting pretty in deep with this, but it is a legitimate question. Councilman Guido: John, it’s Jeff here. What… How do they make the determination? Let’s say a small scale versus large-scale project. Attorney DelVecchio: It’s wattage. I don't... I wish Bruce was on. I see Bruce trying to connect. I can't remember what the wattage is. Supervisor Williams: 25. 25 Megawatt. JANUARY 20, 2021 TOWN BOARD MEETING PAGE 5 Attorney DelVecchio: 25 Megawatt. So, yeah. There's a distinction in our law between small and large scale. And then… Councilman Guido: So 25 is large-scale… Attorney DelVecchio: I think that's what it is. Councilman Withey: So what does the... This is Doug again. The one proposed there on Blue Creek. What's the wattage for that one estimated at? Attorney DelVecchio: That's a large-scale project according to our Law. That’s 10... Supervisor Williams: It’s two 5’s… Attorney DelVecchio: Two 5’s, right. Supervisor Williams: Two 5’s and it was proposed as two separate entities with some kind of a dividing fence between them. Two 5 megawatts, which would not get them to the threshold of large scale. Attorney DelVecchio: Well there's a small-scale… what you’re thinking of, Tom is the 25- Megawatt threshold which would make it an Article 10 project. Which takes it out of the Town's jurisdiction. But there's another distinction in our law as far as wattage is concerned. Small-scale... large-scale. Most, I don't know what the exact distinction is, I'm sorry, but most of the projects that the Town has dealt with are large-scale projects in the Town. And therefore the setback issue really only needs to be addressed with respect to those large-scale projects in the Town. Councilman Withey: Okay so again, Blue Creek, that's large-scale then. Attorney DelVecchio: Yes sir. Councilman Withey: And that's why they want to separate into two 5’s? Attorney DelVecchio: No, no. But I don't want to get too far-off track but… Councilman Withey: Okay. You’ve answered my question. A no’s a no. So, I know the flavor of the community out there and you know, I mean, a good share of them if not all of them are opposed to it being there. And, I'm inclined to agree with them on that. Especially when we look at the Farmland Protection Act and so on that we have. Go over this and tie it all in with the Comprehensive Plan. So again, I think... I don't think it's unreasonable to ask for the 500 feet. And if they’ve got the option to bring it to the ZBA for their hearing at that point in time we’re satisfying our public on the law initially and so let’s take it to tasks there if and when a project like that comes up they can have their voice again there at the ZBA or whoever. Whether it ends up being a SEQR process or a Zoning process. So that's my inclination, the 500 feet would be… and that’s what’s recommended there by the Planning Board. Just makes sense to me that we work along those lines. Councilman Testa: John, I’ve got a question for you John. Attorney DelVecchio: Yes. Yes. Councilman Testa: Are you aware, I know that you are in a lot of Towns. Are you aware of any other Towns, that you represent, that are into this project? Attorney DelVecchio: Yes. Councilman Testa: Are we on the same pattern? Attorney DelVecchio: We just adopted, about three or four months ago, we just adopted a Solar Law, with my assistance, in Cincinnatus and they picked 250 feet. And, keep in mind, I know where Doug stands, but just keep in mind that again we had a NYSERDA expert examine this and I don't want to say his eyeballs popped out but when he saw that 500 number there was a gasp. Supervisor Williams: Well you know, if we’re going to consider what 500 feet is. A football field is 300 hundred feet, 100 yards… 300 feet. That’s… I’ve chugged down 100 yards and that’s a long ways for… and this would be... a 500 would be almost twice that or... and which is a pretty good JANUARY 20, 2021 TOWN BOARD MEETING PAGE 6 distance. I'm a shooter, a pistol shooter, and the DEC says that you cannot discharge a firearm within 500 feet of a structure, a residence or whatever. I mean if you really look at a map, that's a long way. I live on five acres out on Blue Creek and to get 500 feet from my nearest neighbor I have to be actually right along the back edge of my property line if I want to set up a pistol range, which I have, and it's a... one neighbor it’s 520 some feet and the other it’s 600. But, that's a pretty good chunk of ground. And then to consider that needs to be on potentially all four boundaries of a lot. You pick a square/rectangular lot somewhere, you have 500 feet all the way around, that's a pretty limiting factor. Now if that's what we want that’s what we want, but that's a long distance in my estimation. Councilman Testa: I’ve got a question for John DelVecchio. Attorney DelVecchio: Sure, yes. Councilman Testa: John, you represent a lot of Towns and this is something new for us. Could you look in to see what their programs are and bring it back to us? Attorney DelVecchio: Well I can tell you that the Village of Marathon doesn't have a Solar Law. Councilman Testa: Okay. Attorney DelVecchio: The Village of McGraw does not have one either yet. Councilman Testa: Okay. Attorney DelVecchio: The Town of Cincinnatus decided on 250 and the Town of Taylor is in the midst of adopting a Solar Law and they're going to likely go at 250. And Tom's approach, or Tom’s sort of analysis is exactly the type of thoughts that were thrown around in Cincinnatus. 500 feet all the way around, if you think about it, shrinks things down quite a bit. And actually, if you actually look at several parcels in the Town, that in and of itself can disqualify... altogether, can disqualify several pieces of land. Supervisor Williams: And John, would you think it's safe to say that... and the NYSERDA expert I guess on this, that deals with Towns throughout the state, the New York State NYSERDA operation... that he would probably say 250 is maybe upper limit, or average, or it certainly isn't a low number. Attorney DelVecchio: Ian Latimer said 250 he's seen. He didn't say, hey that's the high-end, but the implication that I got out of his sentiments was that's the high-end that he's seen or that he would recommend. I don't want to put words in anybody's mouths here, but that's my guess. Also, keep in mind that our Solar Law has a special provision in it that says... that basically gives the Planning Board some special discretion to make a project more restrictive if the Planning Board feels that that restrictive measure would mitigate any sort of environmental issue. So, in theory with the way that our law is written right now, without these changes, the Planning Board could look at a project and say, okay well we're concerned about this or that environmental issue and therefore we feel that a 1000-foot setback is appropriate. So, there are mechanisms already that the Planning Board has available to it that could impose more restrictive measures like setbacks. Councilman Withey: So John, with that said, they would have the right to work that both ways I would assume. Attorney DelVecchio: Oh yeah. Councilman Withey: Say, hey we want to see a 1000 for XYZ reasons and so they say, hey 250 is more than adequate. If they've got that flexibility and if they're asking for 500 and they're the ones that's dealing with this. We're dealing with their proposal and enacting that, again I still line up with what the Planning Board has asked for. If they've got the latitude to adjust that or they don’t, ZBA. I think we’re doing the Town the right justice with that. Attorney DelVecchio: Point well-taken with that, Doug. Keep in mind that that restricted measure though has to pertain to some sort of environmental issue. That's what our law says, so they can't just wave a magic wand and say, you know 10-foot set back here and then not give some sort of environmental… they have to give an environmental justification, if you will. Which obviously in every scenario is not going to be available. So... but it's up to you. If it were me, and I don't like to JANUARY 20, 2021 TOWN BOARD MEETING PAGE 7 give opinions, I have no dogs in any fights, I would recommend, based on the NYSERDA gentleman's recommendation, that just stay 100 to 250. Councilman Cobb: Can I just throw this in? I just looked up the Town of Solon to see what they adopted. They adopted a 100-foot setback from the centerline of the road, and 500-foot setbacks from adjoining property lines, and 1000 feet from regulated wetlands. That's the way theirs reads. Attorney DelVecchio: What Town was that Jay? Councilman Cobb: Town of Solon. Attorney DelVecchio: Oh, Solon. Attorney DelVecchio: I just wanted to look that up since they’ve already done this. Maximum heights of 50 feet in height. Councilman Withey: Thanks for doing that Jay. That’s helpful at this juncture. Councilman Testa: John, can I speak? John DelVecchio. Can you have the time to look up other Towns and come back? Do we need to make a decision tonight on this? Attorney DelVecchio: You don't need to make a decision tonight. Councilman Testa: It’s just my opinion. You know, this is new to us. Attorney DelVecchio: What I can do is try to look at other similar Towns as I wouldn't consider Solon similar Town as rural as it is. Something perhaps... something like that I don't know I always go to DeWitt or Jamesville or something like that. I don't know if they have Solar Laws, I suspect they do, but I can bring that stuff to the Board next time. Whatever you’d like me to do. Supervisor Williams: John could we entertain a motion now to move this along as you suggested to County Planning and Town Planning as it is with a request for both of those agencies to make recommendations as to set back distance and why. Attorney DelVecchio: Kristin, how do you feel about that with the blanks with the footages? I don’t know if she's listening. Town Clerk Rocco-Petrella: I’m here. I’m listening. Of course I’m listening. Attorney DelVecchio: I just, I didn’t see you, I'm sorry. Town Clerk Rocco-Petrella: Yes, I just had my video off as I’m taking notes here. I don't... I'm not a voting member so I can’t... Attorney DelVecchio: I’m just… yep… Town Clerk Rocco-Petrella: I would think you would want to have a number in there and you’re sending the recommendation on to them for them to comment back. But… Supervisor Williams: Alright, how about this. We make a motion… I’ll make a motion that we move this along to... on advice of attorney we move this on to both of those Planning agencies with a 250-foot setback. That is aligned very much with what the NYSERDA people said. It’s somewhere in between the short and the long and as Kristin has said, if they want to change that or recommend something other than that they certainly have that right to bring that back to us. Councilman Withey: I'd like to speak again to... I mean the Planning Board has sent this… Supervisor Williams: Hang on, wait. We have a motion. I just made a motion. Is there a second? Councilman Withey: I'll second the motion so we can be up for discussion. Supervisor Williams: Alright. Councilman Withey: For answering the request of the Planning Board by just sending this on without putting some footage in that they recommended. So if we do the 500 feet and if County JANUARY 20, 2021 TOWN BOARD MEETING PAGE 8 Planning and NYSERDA says that's ridiculous or whatever then okay let's make it go back and forth on viewpoints and make sure we do it right the first time through. It’s... I think there's... I think we're not doing our Planning Board justice if we don't exercise or move forward with their asking for and if it means adjusting it later on… I hate to send something out there without a number. I mean that’s one thing that the request is asking for. Attorney DelVecchio: Well, Tom just said a number 250. That was the part of the motion. Councilman Withey: Right, but again. Supervisor Williams: No, Doug, we have a motion and a second. You’ve discussed it. Does anybody else wish to discuss the motion? Councilman Guido: I mean we could possibly compromise, maybe put 300 feet on there or something. But that's alright Tom I was just throwing that out there. Supervisor Williams: You can discuss whatever you like. It’s 250. Any further discussion on that? Then I’ll call to question, all those in favor of proceeding as our attorney has suggested with forwarding this draft recommendation for changes to our Solar Law off to the two different Planning Boards for their recommendation. Councilman Testa: You need a motion? Supervisor Williams: Motion’s been made and has been seconded. I’m calling to question, all those in favor? Supervisor Williams: Tom aye. Councilman Testa: Ted, aye. Councilman Guido: Jeff, aye. Councilman Cobb: Jay’s going to say no. Councilman Withey: Doug says no. Supervisor Williams: I think it carries 3-2. Let the record show that it is a 3-2 opinion of the Board to proceed. RESOLUTION #31 RECEIVE AND FILE AND FORWARD THE REVISED PROPOSED LOCAL LAW TO AMEND PART II OF GENERAL LEGISLATION OF THE CODE OF THE TOWN OF CORTLANDVILLE, PART 2, ARTICLE 1, CHAPTER 178 – SOLAR ENERGY SYSTEMS Motion by Councilman Williams Seconded by Councilman Withey VOTES: AYE – Williams, Guido, Testa NAY – Cobb, Withey ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge receipt of a revised proposed Local Law of 2021 to amend Part II of General Legislation of the Code of the Town of Cortlandville, Part 2, Article 1, Chapter 178 – Solar Energy Systems, as prepared by the Town Attorney, and it is further RESOLVED, the amendments shall include the following setbacks: (Section 178-123.3) Setback for ground-mounted systems as a primary use shall be 100 feet from any property line or 250 feet from any non-participating domiciliary residence, whichever is greater, and it is further RESOLVED, the proposed Local Law shall be forwarded to the Town and County Planning Boards for their review and recommendations. JANUARY 20, 2021 TOWN BOARD MEETING PAGE 9 Town Board reports: Councilman Withey briefly commented on his audit of the Town Clerk/Tax Collector records for the year 2020. He thanked Town Clerk Rocco-Petrella for the time she spent with him explaining the processes and procedures for her office when he reviewed her records and commended her and her staff for their work. Secondly, Councilman Withey apprised the Board he received a request from Town resident Tony Dilucci to replace the stop signs at the intersection of Bennie Road and Walden Oaks Blvd. with perimeter flashing stop signs. Councilman Withey suggested the installation of the flashing stop signs could stop potential issues and shows that the Town has done everything it can do to alleviate and remediate the situation. Councilman Guido explained that he spoke with Mr. Dilucci as well and was in agreement that the lighted stop signs will help. Further discussion occurred amongst the Board with an ultimate decision to authorize the expenditure of up to $5,000 for the purchase of lighted stop signs to be installed at the intersection of Bennie Road and Walden Oaks Blvd. Highway Sup’t. Drach would accomplish the purchase and installation. RESOLUTION #32 AUTHORIZE THE EXPENDITURE OF UP TO $5,000 FOR THE PURCHASE OF LIGHTED STOP SIGNS TO BE INSTALLED AT THE INTERSECTION OF BENNIE ROAD AND WALDEN OAKS BLVD 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 the expenditure of up to $5,000.00 for the purchase of lighted stop signs to be installed at the intersection of Bennie Road and Walden Oaks Blvd. There was a brief discussion regarding the audit of Town records by the members of the Board. Supervisor Williams urged those Board members who had not yet completed their audit or submitted their letter of finding to do so as soon as possible. Town Clerk Rocco-Petrella requested the letters from Councilman Withey and Councilman Guido be received and filed regarding the audit of the Town Clerk’s Office and the Town Justices. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file correspondence from Councilman Withey, dated January 20, 2021, regarding his review of the Town Clerk/Tax Collector records for the year 2020 on January 19, 2021, in which he found everything in order. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file correspondence from Councilman Guido, dated January 20, 2021, regarding his review of the Town Justice Court records and documents for the year 2020 on January 19, 2021, in which he found everything in order. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file correspondence from the State of New York Unified Court System, dated December 23, 2020, requesting they be provided with a copy of the audit for the Town Court for the year ending December 31, 2020. All voting aye, the motion was carried. Permissive Referendum – Lease to Park Outdoor Advertising: Councilman Withey asked why the notice was published with regard to the lease to Park Outdoor Advertising for locating a billboard on Town property (site of Gutchess Lumber Sports Complex). Attorney DelVecchio explained that the Town Board already approved the lease, subject to permissive referendum (October 2020). The notice was recently published in order to fulfill the permissive referendum requirement per law. The matter was before the Town Zoning Board of Appeals at this time. The lease was also subject to any and all necessary permit approvals. JANUARY 20, 2021 TOWN BOARD MEETING PAGE 10 BAN Renewal – Gutchess Lumber Sports Complex: Attorney DelVecchio mentioned that the Bond Anticipation Note Renewal for the Gutchess Lumber Sports Complex was underway and scheduled to sell on January 28, 2021. The required paperwork was in order. Supervisor Williams reported: Town Hall of Fame – Recognition Committee: Supervisor Williams mentioned that he provided the Board with a draft of the Town Hall of Fame Nomination and Approval Process, as drafted by former Town Attorney and Hall of Fame honoree, John Folmer. The Board agreed with the draft as presented as well as with the nomination deadline and approval dates as suggested by Supervisor Williams, in which nominations must be submitted by April 30th each year and will be presented to the Town Board via the nominating committee by the first Town Board meeting in June. The Board shall take action by the second meeting in June. RESOLUTION #33 APPROVE TOWN HALL OF FAME NOMINATION AND APPROVAL PROCESS FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, in an effort to recognize and honor outstanding individuals who have had an impact on the Town of Cortlandville, the Town Board hereby approves the following procedure for the Town Hall of Fame Nomination and Approval process: HALL OF FAME NOMINATION AND APPROVAL The Nominating Committee The Nominating Committee shall initially consist of the two persons heretofore installed on the Town Hall of Fame, and the Town Clerk. As new persons are installed on the Hall of Fame, they shall, in the order of their installation, be added to the Nominating Committee until four members shall have assumed that role. The fifth member of the Committee shall be the Town Clerk who shall be a permanent member. All other members shall serve for a two-year period and may succeed themselves. Should a vacancy occur, it shall be filled by the next eligible person, in accordance the provisions of this paragraph. The Committee shall meet as necessary to review nominations, and forward its suggestions to the Town Board , who shall determine the persons to be installed on The Hall of Fame. The names of persons considered for installation shall be kept confidential by both the Committee and The Town Board until such time as a final determination shall have been made. At the first meeting of the calendar year, the Committee shall choose a Chairperson, who shall act as liaison with the Town Board. The Nomination Process Nominations may be made, in writing, addressed to the Nominating Committee by any resident of the Town by April 30th of each year to be considered for approval. No person serving as an elected, appointed official or who is employed by the Town shall be eligible for installation. Each nomination shall contain a description of the substantial contribution of the nominee over time to the affairs of the Town and the benefits of such service. The information provided shall be of such detail as is necessary to permit a complete evaluation. JANUARY 20, 2021 TOWN BOARD MEETING PAGE 11 Final Approval Upon receipt of the Committee’s actions, by the first Town Board meeting in June, the Town Board shall, in executive session, determine who shall be installed in the Hall of Fame, and shall schedule a date and time for public announcement no later than the second Town Board meeting during the month of June, giving the Nominating Committee sufficient time to prepare appropriate resolution(s) for adoption by the Board. Draft Comprehensive Plan: Supervisor Williams apprised the Board he reached out to Jean Lowenstein from CHA to inquire about the next steps in the process for the Comprehensive Plan, i.e., scheduling a public hearing. He reminded the Board that he requested they submit any comment s to him regarding the Comprehensive Plan by February 1st. Once the Comprehensive Plan is adopted, he suggested that a small committee be formed to move the Plan into action - to accomplish the changes that should be made in the Town’s zoning ordinance. He also suggested that the same committee review the Town’s Agricultural & Farmland Protection Plan simultaneously to accomplish any changes to the zoning ordinance. Supervisor Williams would bring this matter back up at the next meeting. Survey of Land – Purchase Offer with Lime Hollow Nature Center: Supervisor Williams apprised the Board that Highway Sup’t. Drach obtained three quotes to conduct a survey of the property located off of Gracie Road that the Town has a purchase agreement for from Lime Hollow Nature Center. The lowest quote from a local company was $975.00. Supervisor Williams requested authorization for the expenditure. RESOLUTION #34 AUTHORIZE EXPENDITURE OF $975.00 TO ACCOMPLISH THE SURVEY FOR PROPERTY LOCATED AT 3118 GRACIE ROAD IN THE TOWN OF CORTLANDVILLE, PER THE TOWN’S PURCHASE AGREEMENT WITH LIME HOLLOW NATURE CENTER Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby approve the expenditure of $975.00 to Stockwin Surveying to accomplish the survey for property located at 3118 Gracie Road in the Town of Cortlandville, per the Town’s signed purchase agreement with Lime Hollow Nature Center. RESOLUTION #35 AUTHORIZE EXPENDITURE OF $14,039.00 TO REPLACE A LARGE ROAD SANDER FOR TRUCK #6 AND THE EXPENDITURE OF $11,789.86 TO REPAIR THE CAT DOZER Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby approve the expenditure of $14,039.00 to Aftermarket Effects, LLC (NYS State Bid Pricing) to purchase a 10’6” XV2 Stainless Plow and 4.5-yard Steelcaster Elec. sander for Highway Department Truck #8, and it is further RESOLVED, the Town Board further authorizes the expenditure of $11,789.86 to Beck Equipment to repair the Highway Department’s 1998 CAT Dozer D-4, Highway Equipment #38. JANUARY 20, 2021 TOWN BOARD MEETING PAGE 12 RESOLUTION #36 AUTHORIZE TUITION REIMBURSEMENT TO TOWN BOOKKEEPER, MEGAN JOHNSON Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the tuition reimbursement to Town Bookkeeper, Megan Johnson for tuition to SUNY Plattsburgh Winter Class (Business App & Info System) and Spring 2021 classes (Government & Nonprofit Accounting and Intermediate Accounting II), as well as reimbursement for books and supplies, for the total amount of $3,082.94. RESOLUTION #37 AUTHORIZE SUPERVISOR TO EXECUTE DISCHARGE OF MORTGAGE BETWEEN THE TOWN AND CYNTHIA PREMO REGARDING THE 2013 NYS COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM 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 execute the discharge of mortgage between the Town and Cynthia Premo, 3600 Terrace Road, Cortland, New York, regarding the 2013 NYS Community Development Block Grant (CDBG) Town-wide Housing Rehabilitation Program. RESOLUTION #38 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARINDG THE TOWN’S 2019 NYS COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM BETWEEN THE TOWN AND DENISE M. MCNEAL 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 the Supervisor to sign the Affidavit regarding the Town’s 2019 NYS Community Development Block Grant Town-wide Housing Rehabilitation Program, between the Town of Cortlandville and Denise M. McNeal, 4327 McGraw North Road, McGraw, New York regarding the extension of loan funds by the Town’s CDBG Program #287HR323-19 for the total amount of $38,450.00. RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN THE ANNUAL PERFORMANCE REPORT REGARDING THE TOWN’S 2019 NYS COMMUNITY DEVELOPMENT BLOCK GRANT TOWN- WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR-323-19) 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 the Annual Performance Report, for the year 2020 regarding the Town’s 2019 NYS Community Development Block Grant Town-wide Housing Rehabilitation Program (CDBG #287HR323-19). JANUARY 20, 2021 TOWN BOARD MEETING PAGE 13 RESOLUTION #40 AUTHORIZE CORTLAND CITY SCHOOL DISTRICT TO UTILIZE THE RAYMOND G. THORPE MUNICIPAL BUILDING OR THE MUNICIPAL WATER/SEWER GARAGE AS A POLLING LOCATION FOR THE SCHOOL BOARD BUDGET VOTE AND SCHOOL BOARD ELECTIONS TO BE HELD MAY 18, 2021 Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the Cortland City School District to utilize the Raymond G. Thorpe Municipal Meeting Room or Municipal Water/Sewer Garage as a polling location for its School Board Budget Vote and School Board Elections to be held May 18, 2021 from 11:30 a.m. to 9:30 p.m., and it is further RESOLVED, the School District shall agree to abide by any security precautions the Town has in place at the time of the School Board Budget Vote and School Board Election. Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file the Municipal Securities Rulemaking Board “Information for Municipal Advisory Clients” as submitted by Fiscal Advisors and Marketing, Inc. to the Town on December 18, 2020, per Rule G-10 which requires Municipal Advisors to provide information to their clients on an annual basis. All voting aye, the motion was carried. Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file correspondence from Kevin Whitney, Cortlandville Fire District Chairman, dated January 2, 2021, expressing appreciation for the Town Board, Town employees, and the support provided to the District in 2020 and throughout the years. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file correspondence from Kathleen McGrath, Cortland County Soil and Water Conservation District, received January 8, 2021, inviting Town officials and employees to attend an Erosion and Sediment Control class on February 16, 2021 virtually via Zoom. All voting aye, the motion was carried. RESOLUTION #41 AUTHORIZE TOWN OFFICIALS AND TOWN HIGHWAY DEPARTMENT AND WATER/SEWER DEPARTMENT EMPLOYEES TO ATTEND THE EROSION AND SEDIMENT CONTROL CLASS SPONSORED BY THE CORTLAND COUNTY SOIL AND WATER CONSERVATION DISTRICT ON FEBRUARY 16, 2021 Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize Town Officials and Town Highway Department and Water/Sewer Department employees to attend the Erosion and Sediment Control Class sponsored by the Cortland County Soil and Water Conservation District to be held virtually via Zoom on February 16, 2021, for the cost of $75.00 per attendee. RESOLUTION #42 AUTHORIZE HIGHWAY SUPERINTENDENT TO PROMOTE HIGHWAY DEPARTMENT EMPLOYEE DANIEL HEAD FROM THE TITLE MOTOR EQUIPMENT OPERATOR TO HEAVY EQUIPMENT OPERATOR WITHOUT TRAILER CDL Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED JANUARY 20, 2021 TOWN BOARD MEETING PAGE 14 BE IT RESOLVED, the Town Board does hereby authorize the Highway Superintendent to promote Highway Department employee Daniel Head from his current title, Motor Equipment Operator to the title Heavy Equipment Operator without Trailer CDL, at the hourly wage of $26.40, to be effective commencing with Payroll #3 of 2021, and it is further RESOLVED, the letter of request from Highway Superintendent Drach dated January 14, 2021 is hereby received and filed. Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file correspondence from the New York State Department of Transportation, dated January 11, 2021, acknowledging receipt of the request for a reduction in speed limit on Bennie Road in the Town of Cortlandville. All voting aye, the motion was carried. No further comments or discussion were heard. Councilman Withey made a motion, seconded by Councilman Testa to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 6:50 p.m. Councilman Testa made a motion, seconded by Councilman Withey, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 7:02 p.m. Members of the public were invited to return to the meeting at this time. RESOLUTION #43 AUTHORIZE TOWN CLERK TO HIRE NICHOLAS ALTERI AS A TEMPORARY PART-TIME CLERK 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 Town Clerk to hire Nicholas Alteri as a Temporary Part-Time Clerk to assist with records management and computer program/technology training and implementation, at an hourly wage of $20.00, retroactive to January 4, 2021. Councilman Withey made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:05 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 28, 2021. The final version of this meeting was approved as written at the Town Board meeting of February 3, 2021.