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HomeMy WebLinkAbout2021-04-07 Town Board Minutes APRIL 7, 2021 5:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2021 MORATORIUM OF INSTALLATIONS OF GROUND-MOUNTED LARGE SCALE ENERGY SOLAR SYSTEMS A Public Hearing was held by the Town Board of the Town of Cortlandville via Zoom video and telephone conferencing as permitted by the Executive Order of the Governor of the State of New York due to the COVID-19 pandemic, concerning the enactment of a Local Law of 2021 for a Moratorium of Installations of Ground-Mounted Large Scale Energy Solar Systems in the Town of Cortlandville. 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; Water & Sewer Sup’t. Peter Alteri, Jr.; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Janet Ward representing DG New York, LLC (NextEra Energy); Ivan Zajicek; Michael Coleman; Peter McAuliffe representing Omni Navitas; Town Residents: Robert Martin; Pamela Jenkins; Cheri Lunas; Gary Hartley; Joseph Hartley; Peter Morse-Ackley; and News Reporter, Colin Spencer from the Cortland Standard. Supervisor Williams called the Public Hearing to order and explained the rules of order for the public hearing. Attorney DelVecchio requested the Board convene to an Executive Session to discuss potential litigation. Councilman Testa made a motion, seconded by Councilman Cobb, to recess the Regular Meeting to an Executive Session to discuss potential litigation. All voting aye, the motion was carried. The meeting was recessed at 5:09 p.m. Councilman Cobb made a motion, seconded by Councilman Withey, to adjourn the Executive Session and reconvene the Public Hearing. All voting aye the motion was carried. The Executive Session was adjourned at 5:30 p.m. Members of the public were invited back into the Public Hearing. Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to Peter Morse-Ackley. Town Resident Peter Morse-Ackley: Hi. I am 100% in favor of a moratorium. I've already sent you folks a couple of pages of topics that could be covered. But p rimarily I believe we need this moratorium to reflect on where solar sites should be, and how they should be buffered. There should not be chain-link fences and acres of commercial development on our gateways, our travel corridors, or in our neighborhoods. Some of these solar proposals should have been an easy, no, Not here. Not today, not ever. Whereas our Town Board, our Planning, and ZBA Boards in showing better long-term judgement, and having a clear vision for protecting our Town’s land and water. Where is discussing the Ag and Farm plan goals and the Comprehensive Plan? Why is it taking five people, the Town Board, so long to review and accept these plans? And then for all of our Boards to follow these plans and goals. We need to do better in protecting our Town, please identify specific topics and goals to be addressed during the moratorium. I believe the topic should include more specifics on the location of sites and being stricter with the permit and variance process that overrides our zoning. We should be maximizing the PILOT income, we are getting from these eyesores and preparing for the risks of battery fires. We should be informing the public and preparing for the huge EDF proposal. For the moratorium committees, there should be frequent reports to the Town Boards to help the communities to stay focused and hold them accountable to APRIL 7, 2021 TOWN BOARD MEETING PAGE 2 the Boards and to the general public. Please, there should be more Public Hearings and a discussion with the public, not just people making statements. How about doing a mailing, or two, or three to survey the public, including our children who can be part of our Town’s future. And, reach out to help get more people involved. Let's find out what people want from solar, not just I, are you board members. Mr. Williams, as our Town Supervisor, it is time to show some leadership, and more importantly, it's time to show some results. Not just from this moratorium, but also some results from our missing in action, Comprehensive Plan, and some discussion in progress on the goal s, the Town Board accepts from Ag and Farm plan. What is your vision to make our Town attractive to our current residence and to our future residence? What would be a classy Town with a natural and rural and residential environment? Or will we be chain-link fences, solar panels, and electronic billboards? You folks, our Boards, are controlling our future. Please use this moratorium to wisely prepare for doing a better job. I yield the rest of my time. Supervisor Williams: Thank you. Next? Town Clerk Rocco-Petrella: Peter Morse… I’m sorry Peter McAuliffe from Omni Navitas. Peter McAuliffe from Omni Navitas: Yep. Hey everyone, so my name is Peter McAuliffe. I am speaking on behalf of Omni Navitas. We are a solar developer. We are representing and working with Andrew Polley, who lives at 3900 Carr Hill Road. We are looking to pursue a project on Carr Hill Road. It's pretty much right at the intersection of Carr Hill and I believe Greenwood. It's right abutting the Industrial District if anyone is familiar with the area or with the property location specifically. But, just wanted to take a couple minutes and again I appreciate Mr. Supervisor, you know, members of the Town Board and other members of the Town of Cortlandville to hear me out tonight. Just wanted to talk about some specifics of this project, we were in front of the Planning Board a couple months ago, but just want to familiarize the Town Board with this site. So again, you know, we're working with Mr. Polley on his property about 50 acres on Carr Hill Road. It is in an Ag District, well away from, you know, the Residential Districts. It's pretty much abutting the Industrial District there which is you know one of the reasons why we chose this site, you know, the electrical transmission lines we’re hooking up to intersect at the northeast corner of the property. So, you know, we're hooking up to the lines right there. Another reason why we chose this site. Just wanted to speak on behalf of, kind of, some of the, the timelines or milestones we're beholden to. Obviously, you know we're planning on, moratorium or not, moving forward with the project through the approval process here with the Town… with the Town Planning Board. We also do have to deal with National Grid and Niagara Mohawk to make sure, you know, the project is feasible from an interconnection standpoint. We have gone through that process. We've received our impact study back with our upgrade costs at the end of January beginning of February, I believe it was. So right now, we've kind of started the clock on some milestone dates that we're beholden to through the existing solar program and through utility specifically. Where we have a certain amount of time from receiving those results to make certain payments. So one thing I was just hoping to touch on tonight, not only the benefits of solar in general, when sited in the proper and right locations, which we do believe this property does fall under. You know, we're not going for any use variances. It's an allowed use of the Ag District, you know, not only is it located in an Ag District, but it's pretty much abutting the Industrial District, it's going to be, you know, out of sight, out of mind so to speak really the only property or residents I should say that has a direct view of this proposed project is the landowner himself, Mr. Polley who lives right across the street from his other property at 3900 Carr Hill Road. So, just wanted to, you know, give some specifics on the project in particular. Happy to answer any questions. I am hoping to just take under consideration maybe the possibility of grandfathering in or offering relief to this particular project from the moratorium just because I do believe it does meet some of the criteria around where a solar project should be properly located. And, you know, even though the moratorium is only for six months, you know, when you're talking about six months from where this project currently is, you know, we were looking to get our site plan approval process started or conditional permit process started, I should say, with the Planning Board. We've already received our results back from National Grid. You know, waiting six months, and not having a ton of certainty about, you know, when the moratorium is going to be lifted when we do meet the current requirements under the law. And again, you know, I do think that this location. Hopefully, is where the Town, you know, originally desired projects to be cited when they originally drafted the law. So all I wanted to come and speak about tonight is just potentially considering potential relief from the moratorium for this project to not, you know, have them potentially lose out and be kicked out of the utility queue, or the, you know, line so to speak and have another project and another Town, come in and kind of swoop and take its position. So, again, I really appreciate you hearing me out tonight. I don't want to take up too much of your time. Happy to answer any questions here or offline. But, you know, once again Supervisor Williams, the rest of the Town Board, and members of the public I appreciate you hearing me out tonight. APRIL 7, 2021 TOWN BOARD MEETING PAGE 3 Supervisor Williams: Thank you. Mr. McAuliffe. I have 10 seconds and counting. So, I think I guess you're done. Peter McAuliffe from Omni Navitas: Yeah. Supervisor Williams: Thank you. Peter McAuliffe from Omni Navitas: Thank you. Supervisor Williams: Yep. Town Clerk Rocco-Petrella: Next person who would like Privilege of the Floor is Mr. Robert Martin. Supervisor Williams: Mr. Martin, you’ve got it. Town Resident Robert Martin: Thank you very much. I really appreciate the opportunity to talk and appreciate the implementation of a moratorium on solar facilities. In your proposed law it states, as always, the best interests of the residents of Town of Cortlandville adopt modifications to the existing regulations and zoning measures to address the location and technical issues related to solar facilities and farms. This moratorium shall apply to any and all solar farm projects, which have not yet been issued a building permit by the Town of Cortlandville, and you got a table that you provided. And they were, I believe, at least four sites on there 10, 11, 13, and 14 that were also included as far as not into construction and in the planning stages. Since Mr. McAuliffe has brought up Carr Hill Road I'm going to digress a little bit from what I plan to talk about. I was a former resident of Carr Hill Road for all maybe 10 years. Okay. I considered it residential and farming not industrial. On Carr Hill Road, below Mr. Andrew Polley's house, there are at least two residences on Carr Hill Road. There are a number of residences on Greenwood Road that would be below that also. And I see no way that that project should be exempted because the timeframe is inconvenient for the solar developer. I’ll go back to my original topic now. Back in a Public Hearing back in the Town of Cortlandville on April 17 on solar. I had presented that solar farms are poised to proliferate in New York State. Powered by the state initiative to make renewable energy more accessible to consumers. Commercial solar farms are looking to make big in roads in many areas. And obviously that has happened. I also referenced the Town Board should make sure that solar farms are environmental compliance and also financially beneficial to the citizens to the Town. What is the effect on taxes or PILOT? NYSERDA provides guidelines for State Energy quality review for solar. This document is quite thorough and provides step by step instructions for municipalities, and NYSERDA has a guide for decommissioning solar panels also. It should be noted that three of the sites that were considered at that time were considered in prime farmland and Local Law 2 states that large scale solar products shall not be located in prime farmlands. Another presentation on solar that I did on August 5 for the Town Board. I mentioned the SEQR guideline that under determining significant states that lead the agency is responsible for evaluating the impact of the project. The lead agency must complete its own analysis by preparing parts two and three of EAF. Part Three provides the option to discuss a wetland delineation report, cultural resources survey, visual impact assessment, and farmland protection strategy. The New York State Agricultural Land and certain areas of state is protected under the Agricultural and Markets Law. Part one of the EAF requires that a calculation of the impact to productive agricultural soils, regardless of whether the project is located in the state certified district or not consult the Department of Agricultural and Markets. Solar farms will be preferred in New York State and in Cortlandville. We need to make sure that we have a total process, fully implemented that will handle environmental and financial concerns. I recommend the Comprehensive Planning committee continue reviewing the Cortlandville needs, and address the solar farms as part of this process, obviously, that has happened. We need to look at revising the Comprehensive Plan and getting updated where it impacts solar and revising the solar law. The area was mentioned in terms of New York State Battery Energy Storage. NYSERDA has a great guidebook on that. This Battery Energy Storage Guidebook contains information, tools, and step by step instructions to support local governments managing battery energy storage systems development in their communities. Part of that includes, obviously, Battery Energy Storage System Model Law, so just looking at that in terms of making sure that we handle this type of the project with battery storage safely and economically for the Town of Cortlandville. Thank you. Supervisor Williams: Thank you Bob. Who’s next Kristin? Town Clerk Rocco-Petrella: Ms. Pamela Jenkins. Supervisor Williams: I didn't hear that. APRIL 7, 2021 TOWN BOARD MEETING PAGE 4 Town Clerk Rocco-Petrella: Pam Jenkins. Supervisor Williams: Ah, please, you have the floor. Town Resident Pamela Jenkins: Thank you, Board Members. I think a solar moratorium is necessary in order to allow us to improve our solar law. I previously provided you with a review of recent local solar laws and amendments, which I compiled from the Department of State website. The moratorium must apply to all applications which have not yet received permits from the Town. We cannot pick and choose between pending applications by applying the moratorium to some and not to others, because we would risk being sued by the applicants who have had the moratorium applied seemingly capriciously or arbitrarily to their project, but maybe not to others. If some have been accepted from the moratorium applying to their project and allowed to go forward while the moratorium is in place. I'm looking forward to learning, who will work on the future amendments, and I feel strongly that a provision should be put in place to disallow solar industry facilities on land that has been designated conservation residential by our adopted farmland protection plan, and it has been mapped in our new Comprehensive Plan which is yet to be adopted, but the maps were generated earlier. Okay. This is especially important because future projects may include battery storage, which, according to NYSERDA poses the special risks of explosions and run-away fires. Another problem, I'd like to see included, is that logging of properties should not be allowed in order to make space for solar industrial facilities. Some towns have limited the amount of trees and the size of trees that can be removed in order to make space for solar facilities. In fact, I think it's Dryden, limits the height, I mean the girth at chest height to six-inch trees that can be removed in order to make space for solar panels. Another provision would be, I'd like to see all people within a mile of the proposed solar industry facilities… I'd like to see all those people who live within a mile notified at the time the proposal is admitted, these people could easily be walking, and running, and driving past the facilities, so they need to be notified so they can become involved at an early stage, instead of just what I think happens now only people who live within a few… couple of hundred feet are notified. I'm not sure about the number of feet now that requires notification, but I'd like it to be people within a mile. Also, I would really like to see an open, and I'm underscoring open, discussion about the cost benefit analysis for all solar projects. I'm talking about, what is the loss to the tax base when property is flipped to solar industrial sites and given a PILOT agreement. I've asked for this information a few times, and I'm just always told, “Oh, the IDA does that,” but I'd really like citizens to be educated about what happens to our tax base, when all these hundreds of acres, go into solar farms instead of being taxed at the rate that they're being taxed at now. So, I think that's about it for now. I'm looking forward to learning who will be assisting in developing our amendments. Thank you. Supervisor Williams: Thank you. Kristin? Town Clerk Rocco-Petrella: That's the list unless anybody else would like Privilege of the Floor. Those are the only comments. Supervisor Williams: If anyone of you who spoke want… if they have it electronically or in written form, their comments, if they would forward them to the Town Clerk. We will include them verbatim in the minutes of this meeting. So send them electronically, however, get them to her. Either physically or… the easiest would be electronically, and they will be happy to include them. She will be happy to include them. Okay, any questions? I do thank you. I thank you all. Councilman Withey: Thanks everyone. Supervisor Williams: And that closes the Public Hearing. The Public Hearing was closed at 5:51 p.m. APRIL 7, 2021 5:51 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; Water & Sewer Sup’t. Peter Alteri, Jr.; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Janet Ward representing DG New York, LLC (NextEra Energy); Ivan Zajicek; Michael Coleman; Peter McAuliffe representing Omni Navitas; Town Residents: Robert Martin; Pamela Jenkins; Cheri Lunas; Gary Hartley; Joseph Hartley; Peter Morse-Ackley; 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 Testa made a motion, seconded by Councilman Withey, to approve the Draft Town Board Minutes of March 17, 2021. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the Cortlandville Zoning Board of Appeals Minutes of January 25, 2021. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the Cortlandville Planning Board Minutes of February 23, 2021, including comments from Planning Board Member Nick Renzi regarding the drawing submittal for SSC Cortlandville II, LLC and SSC Cortlandville III, LLC. All voting aye, the motion was carried. RESOLUTION #100 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0175 TO DELL TECHNOLOGIES FOR THE PURCHASE OF COMPUTERS AND MONITORS FOR TOWN OFFICES Motion by Councilman Guido 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 #0175 submitted by the Town Clerk to be paid to Dell Technologies (State Contract # C000000005000) for the purchase of nine (9) Dell computers for the cost of $4.378.41, and eight (8) 24” monitors for the cost of $1,231.12, for the total cost of $5,609.53, and it is further RESOLVED, the computers and monitors shall replace failing computers in the following departments: Town Highway Department – four (4) computers and monitors; Town Clerk’s Office – three (3) computers and two (2) monitors; Water/Sewer Department – one computer and monitor; Reception Clerk – one computer and monitor. RESOLUTION #101 AUTHORIZE PAYMENT OF VOUCHERS – APRIL 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: APRIL 7, 2021 TOWN BOARD MEETING PAGE 2 Funds A, B, DA, DB, Voucher #327-429 HG, SF, SS, SW General Fund A $ 93,434.95 General Fund B $ 4,153.18 Highway Fund DA $ 0.00 Highway Fund DB $ 55,304.50 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 3,922.47 Water Fund SW $ 22,483.18 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 #8-9 Trust & Agency TA $ 43,978.26 Expendable Trust TE $ 0.00 Supervisor Williams moved to agenda item H-1 regarding the proposed Local Law of 2021 for a Moratorium of Installation of Solar Facilities and asked Attorney DelVecchio if he would like to make a brief statement. First, Attorney DelVecchio requested the Board receive and file the Cortland County Planning Department and Board recommendations (agenda item I-8) regarding the proposed local law for a moratorium on solar facilities. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the Cortland County Planning Department Review and Recommendations, dated March 12, 2021, and Cortland County Planning Board Resolution #21-07, regarding the proposed Local Law for the Town of Cortlandville, “Moratorium of Installation of Solar Facilities”. All voting aye, the motion was carried. Attorney DelVecchio: Alright. Okay, thank you. So now I'd like to, sort of, bring the moratorium to the table. And, as you all know, I have provided you all, prior to the meeting, with a revised proposed moratorium language that… those revisions do not significantly impact any sort of legal impact that the initial moratorium language impacted or potentially impacted. But, I thought that there should be some revisions to make things just more clear. One of those issues has to do with making it clear that the moratorium will address ground mounted, large scale, solar systems. We’re not talking here about solar systems for residential houses or on the roofs of businesses. So if Walmart or Lowes wants to put solar panels on the roof, that's not what we're talking about here, that's not, obviously, what the public has been concerned about. So that, I just want to make clear to you all. In addition to that, I've also included language that addresses any penalties for violating the moratorium. Those penalties include a monetary amount per day, that if somebody were to violate the moratorium, the Town would have the ability to pursue a court action, and potentially have a court impose monetary fines on whoever violated the moratorium. And, in addition to that, injunctive relief. What I mean by that is if somebody were to violate the moratorium, then the Town could take legal action and get a court involved, and basically shut down the project. Stop any construction that takes place. And also potentially get a court to go even further, and allow the Town to remove any construction that has occurred. In addition to that, the original moratorium language set forth the notion that any projects, which have been issued building permits would not be swallowed by the moratorium. At the current stage, as it stands today, there are two projects, namely, the one on Tower Road. And in addition to that, the one on… I don't have the address, but it's Cortlandville III… I don't know, Kristin can you help me just a little bit? Town Clerk Rocco-Petrella: SSC Cortlandville II and SSC Cortlandville III on Bell Crest Drive? Is that what you’re referring to? Attorney DelVecchio: So those two projects recently have been issued building permits. Town Clerk Rocco-Petrella: Oh no, no. Councilman Withey: I think you’re talking Carr Hill or something there. Town Clerk Rocco-Petrella: DG New York. APRIL 7, 2021 TOWN BOARD MEETING PAGE 3 Attorney DelVecchio: Correct. Town Clerk Rocco-Petrella: On Doug Christofferson’s property on Carr… I’m sorry Riley Road. And then the Cipriani project. Attorney DelVecchio: Correct. That's the Tower Road. Town Clerk Rocco-Petrella: Tower Road, yeah. Attorney DelVecchio: Yep. So, those projects have been recently issued building permits. I believe, everybody's unanimous position that those projects are not going to be affected by the moratorium. I have revised the language of the moratorium to basically say that any projects that have been fully approved by all Boards in the Town, that's including the Planning Board, Zoning Board of Appeals, and your Board, those projects will not be impacted, or not exempt… they will be exempted by the moratorium. And that's consistent with the initial language. The issue, further, for your consideration, either tonight, or at a future point in time, is to address whether or not the moratorium will impact any and all projects which are essentially in the hopper and currently pending before any Board in the Town. There are technically three projects that are before our Boards. One is on Locust Avenue. That one, technically speaking, is before the Zoning Board of Appeals, and is in litigation. The applicant has sued the Town, attempting to overturn the denial of a use variance, that was the decision of our ZBA. The next project is on Blue Creek Road. That one is somewhat of a controversial project. It's before our Planning Board, technically speaking. The Planning Board adopted a resolution to issue a positive declaration on the issue of SEQR. And, currently the applicant is contemplating as to whether or not to move forward with that and provide the Planning Board with an environmental impact statement and to go through the scoping process. The third project is on Riley Road, it's another NextEra project. It is currently before the Planning Board, and was scheduled for action by the Planning Board last week or week and a half ago. That application for sort of internal reasons was tabled, and is currently still before the Planning Board. I would not label that one, my personal opinion doesn't count for anything, but I would not label that one as a controversial project. So, those three projects are potentially up for debate, and in your jurisdictional authority to decide whether or not they are or aren't exempted from any action to adopt a moratorium. You have the opportunity here today, or at a future date to decide whether or not, one, two, or all three of those projects are exempted by any future moratorium. I've discussed several legal issues with you, as you know, regarding those issues. But I feel that it's fair and reasonable to put those in front of you formally, in front of the public, for your consideration. I do believe, after some research today, that if you were to move forward here to adopt the moratorium that, if you were to decide to exempt one, two, or three of those projects that I believe that would be a significant modification from the initial moratorium language, and would call for an additional Public Hearing… an additional formal change or modification to the current moratorium that's before you. I will, no matter what you decide to do today, come back to you to address this issue at a future date. I have been in discussions with basically all of these representatives of these projects. They're aware of, for the most part, these issues. And, I will do my best to see to it that the law is followed. Yet, I will be professional in dealing with these folks and giving them a fair and reasonable shake. With that said, I think it's time to ask for a motion to either adopt or reject the proposed moratorium that's on the table. If there's a second, discussion should be had, and then a vote thereafter. Supervisor Williams: John, I don't often exert this authority, but I'm going to make a motion, if for no other reason than clarity sake since we discussed this probably ad nauseam for the last week or so. So, the motion is this, that we adopt a moratorium as written, and we proceed with that, the moratorium will be for a period of six months, unless rescinded earlier by the Board, we have that right. We could kill it next week if we wanted or we could extend it at the end of the six months. And it would affect all future requests for development… solar development on the table now, with the exception of any project that has received full clearance from the Planning and ZBA, as well as has received a building permit. That's the line we're drawing, if you're on the backside of that line unfortunately, the moratorium will affect you if you're on the good side of that line. You're going to be allowed to go ahead. So that's the motion in a nutshell, I think I've covered it pretty much haven’t I John? Attorney DelVecchio: Yes you have. Supervisor Williams: Is there a second to that? Councilman Cobb: I will second that motion, Jay. Supervisor Williams: Thank you, Jay. Now, discussion? Questions? Comment? Hearing none I’ll call the question, those in favor? Tom, aye. APRIL 7, 2021 TOWN BOARD MEETING PAGE 4 Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Supervisor Williams: I thank you. Clerk, make certain that it shows a unanimous vote of the Board, and we will move on. RESOLUTION #102 ADOPT LOCAL LAW NO. 1 OF 2021, “MORATORIUM OF INSTALLATIONS OF GROUND-MOUNTED LARGE SCALE ENERGY SOLAR SYSTEMS” Motion by Supervisor Williams Seconded by Councilman Cobb VOTES: Supervisor Williams AYE Councilman Cobb AYE Councilman Guido AYE Councilman Testa AYE Councilman Withey AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville is committed to the encouragement of alternative sources of renewable energy; and WHEREAS, there has been a significant increase of interest by residents, landowners and others in developing solar facilities/farms and similar installations in the Town; and WHEREAS, Part II of the General Legislation of the Town of Cortlandville Code, Part 2, Article 1, Chapter 178-123.3 contain several adopted regulations and zoning measures which address solar installations; and WHEREAS, it is in the best interest of the residents of the Town to adopt modifications to the existing regulations and zoning measures to address the location and technical issues related to Ground-Mounted Large Scale Energy Solar Systems as defined in the above referenced section of the Town of Cortlandville Code; and WHEREAS, for purposes of this local law, any applications involving Ground-Mounted Large Scale Energy Solar Systems include new projects or existing projects which apply for an expansion; and WHEREAS, a list of all Ground-Mounted Large Scale Energy Solar Systems currently in the Town of Cortlandville is attached. BE IT ENACTED by the Town Board of the Town of Cortlandville as follows: 1. MORATORIUM There is hereby established a moratorium on the review and approval of any and all applications for the installation of Ground-Mounted Large Scale Energy Solar Systems in the Town of Cortlandville. A. This moratorium shall NOT apply to any and all Ground-Mounted Large Scale Energy Solar Systems which have been approved in all respects by the Town Board, Planning Board and/or Zoning Board of Appeals of the Town of Cortlandville. B. This moratorium shall apply to all real property within the Town. C. Pursuant to this moratorium, the Town Board, Planning Board and/or Zoning Board of Appeals of the Town of Cortlandville shall NOT review any applications whatsoever for any Ground-Mounted Large Scale Energy Solar Systems except as provided herein. Any and all applications which have been filed with the Town that are currently under review by the Town Board, Planning Board and/or Zoning Board of Appeals of the APRIL 7, 2021 TOWN BOARD MEETING PAGE 5 Town of Cortlandville shall be tabled until this moratorium ends except as provided herein. D. Pursuant to this moratorium, the Code/Planning Enforcement Officer of the Town of Cortlandville shall not issue Building Permits for any construction involving any Ground-Mounted Large Scale Energy Solar Systems within the Town except as provided herein. E. Pursuant to this moratorium, no applications for variances, special use permits or other approvals involving Ground-Mounted Large Scale Energy Solar Systems shall be accepted or issued by the Town except as provided herein. 2. EXCEPTIONS No part of the moratorium to be enacted by this local law shall apply to the following: A. Any and all applications involving Ground-Mounted Large Scale Energy Solar Systems which have been filed with the Town and have been approved in all respects by the Town Board, Planning Board and/or Zoning Board of Appeals of the Town of Cortlandville even if the said projects have not yet been issued a Building Permit by the Code/Planning Enforcement Officer of the Town. 3. PENALTIES. Any person, firm, entity or corporation which shall violate the provisions of this local law, shall be subject to: A. A penalty in the amount of a minimum of $100.00 and a maximum of $250.00 for each day that such violation shall exist; and B. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this local law and, if necessary, to remove any construction or improvements which may have been built in violation of this local law. 4. EFFECTIVE DATE A. This moratorium shall expire on midnight of the date certain which is six (6) months after this local law shall become effective or unless the Town Board of the Town of Cortlandville adopts a resolution either extending it or ending it. B. This Local Law shall become effective when filed with the Secretary of State as required by law. APRIL 7, 2021 TOWN BOARD MEETING PAGE 6 Attorney DelVecchio: And I just want to comment briefly that, for those of you who may be impacted by that decision. I will potentially revisit this issue with the Board. Obviously, they're in control. Supervisor Williams: I would say from a Supervisors position if somebody wants to bring documentation or proof of hardship or whatever to John, we’d be happy to entertain it. But at this point, the moratorium is what it is. The line has been drawn. Case closed, for now anyway. Case closed. Reopenable upon proof that it needs to be reopened. … Supervisor Williams offered privilege of the floor to Mr. Peter Morse-Ackley. Town Resident Peter Morse-Ackley: Riley Road is definitely controversial. The County Planning Board recommended denial. That site is visible now they're talking about expanding it by two or three times the size. I don't know how much attention you folks are paying to these sites. It is crazy to say that's not controversial. How many of you Board Members have driven by or walked around say Lorings Crossing and taken a look at that site? How many of you discuss these sites with each other? What the heck are you talking about, as a Board are you prepared to vote on whether you think the Lorings Crossing site was a good idea? Are you willing to discuss and vote on whether expanding the Riley Road site is a good idea? Are you willing to let the public and the Planning Board know your opinions? And now tonight. Are you willing to vote and tell the public and the Planning Board, whether you think the Blue Creek Road proposal is a good idea? That solar panels on Blue Creek Road meets your vision for what Cortlandville should be? I've been following the Town Board issues for the last eight months and as you know I'm concerned with the decisions you folks are making, and more importantly the lack of vision and organization in our Town government, and especially in you, the Town Board. I did not hear any of you talk about your priorities for the Town. I do not see leadership. I do not see public involvement. I don't hear any concerns from you that the public is not involved, nor do I observe that you feel any accountability to Town residents, even though you represent us, and we pay your salaries. Have you ever had Town Hall style meetings, even once? How about doing them quarterly. Or how about really once a month? How about creating a social media site like on Facebook? In addition to the Town website, where there is easy access, where the town's goals and progress are shared, and people can chat and pose questions, and where there is accountability for when things get done. And for when things don't get done. Why does it take you so long to get things done? And what, if anything, are you doing to speed it up? Or, do you feel things are just fine? That this is the way it should be? How do you explain why a Comprehensive Plan that the Town spends thousands of dollars on, and people spend hours in months working on sits on your desk, ignored. There are good goals in that plan, like the Linear Park, wellhead protection, broadband support, infill development, shared services with Cortland and other Towns. There are goals that I don't get, they need to be discussed, and reviewed, and worked on. And there are things missing, like trends in our budget and spending trends in services and staffing. There's not clear guidance on the sports park, on what the Town should do if trends show growth, or stability, or reduction in our population, or in our tax base, or in our budget. Who's supervised the writing of this plan? Who is supervising the use of the plan? Hint, is it the Town Supervisor? Is it the Town Board? Is it both of you? Do you even care about the plan? After all, you don't discuss it. You don't refer to its goals and visions. Why should we bother? I honestly think you should do a better job, and I will keep prodding and provoking you to try and get discussion on these issues. I especially would like to see more effort to identify and prioritize specific Town goals to see and here progress reports on goals at least once per month. And to see you develop strategies to get more people, including our children, to be informed and to be involved with the issues of our Town. And I'd like to see you have the vision, the wisdom, and the courage to say publicly that Blue Creek should not be built and our Town Attorney can take care of any legal issues that might arise from this vote, or you could just self immunize yourselves again. I'm done. Supervisor Williams: Thank you. I will make a comment. Much of what you said was talking about the Comprehensive Plan. As I recall, the Comprehensive Plan was rolled out to the public, public hearing, public meeting, public discussion. In February of last year, shortly before the pandemic happened. And it was a… not well attended. I can get the list of those who were there. Primarily the people that served on the committee. There were two or three from Clough Harbor, our consultant. And I, as I say, I can get the list, but I'm thinking they're probably not more than four or five non-connected people there for a presentation and a vote and a discussion and all that. Shortly thereafter, the pandemic happen and I don't know about your world, but most of our worlds were pretty much turned on their ear, and the plan right now is to put this all together, to put any potential changes in the solar law and connect all the dots, the Comprehensive Plan, the solar law changes, put all that together in one tidy package, bring it back for a public hearing and present it, APRIL 7, 2021 TOWN BOARD MEETING PAGE 7 move it along. That's the plan. The plan was to do the Comprehensive Plan over a year ago. And as I say, there was nobody there. There were a few people. And that was it. There was opportunity for the public to be involved. And, basically the public didn't take up on that opportunity. It was advertised on the website it was in the paper. It was well advertised. And, as I say, I can get the list, but a citizen base that was there was… they're probably not more than four, or five, six. I being one of them. So, that being said, we will move along. … RESOLUTION #103 ACCEPT ANNUAL REPORT OF TOWN RMO AND SCHEDULE OF DISPOSED RECORDS IN 2020 IN ACCORDANCE WITH THE RETENTION AND DISPOSITION SCHEDULE 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 accept the Annual Report of the Records Management Officer of the Town as submitted by the Town Clerk/Records Management Officer, including a list of the disposed records in 2020, in accordance with the Records Retention Disposition Schedule, MU-1. RESOLUTION #104 ACCEPT THE ANNUAL FIXED ASSET REPORT FOR 2020 Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Annual Fixed Asset Report for 2020 as submitted by Patricia O’Mara, Fixed Asset Manager. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the monthly report of the Supervisor for the month of January 2021. All voting aye, the motion was carried. Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1) Code Enforcement Officer, Kevin McMahon – March 2021; 2) Tax Collector – March 2021; 3) Water/Sewer Department – March 2021; 4) Cortland Community SPCA – March 2021; 5) Fire & Safety Inspector/CEO, Desiree Campbell– March 2021; and 6) Town Clerk – March 2021; All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file correspondence from Charter Communications, dated March 29, 2021 and April 1, 2021, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella informed the Board that over 90% of the warrant for the 2021 Cortlandville Town/County taxes have been collected to date. The April 2021 Water/Sewer bills were mailed on March 31st and are payable by April 30, 2021 without penalty. Bills may also be viewed and paid online by visiting the Town’s website. Payments made by credit/debit card are subject to additional fees charged and collected by the third-party vendor. The Town, as allowed by law, does not cover the cost of such fees. As a member of the Recognition Committee, Town Clerk Rocco -Petrella reported that several nominations were received for the Town Hall of Fame. The Committee would meet this month and would provide their recommendations to the Town Board in May. APRIL 7, 2021 TOWN BOARD MEETING PAGE 8 Attorney DelVecchio reported: Attorney DelVecchio: … As you recall, I had a discussion with you and formally regarding… potentially enacting a moratorium on several dangerous or… I don’t know what to call them… dangerous… I’d say dangerous activities regarding properties located in our wellhead protection areas. As you all know, in our code regarding properties that are classified in and located in our aquifer protection district there are certain activities that are prohibited uses. Those activities include, but are not limited to, for example, the discharge land application or disposal of any hazardous material, toxic substance, or radioactive material. The dumping or disposing of snow ice collected off site from roadways of parking areas. The open or bulk storage of coal or chloride salts. Any form of underground injection of hazardous materials or toxic substances, etcetera, etcetera. There are… There's a list of prohibited uses for those properties which are classified in our code and located in aquifer protection district areas. Given some of the concerns that you're all aware of. I'm going to ask that you… I'm going to ask that somebody make a motion to move forward with a moratorium which prohibits those types of activities for properties located in the wellhead protection zones in our code. And, I'm going to ask that you include, in those dangerous activities, mining. And, you're all well aware of what the concerns are here. The Town obviously wants to protect its water supply, drinking water, etc. And, I'm not quite certain why our code was written to include those prohibited uses for properties located in the aquifer protection districts, but not have those prohibitions included in prop… on properties located in our wellhead protection areas. We've talked about this at length, as you recall, and I provided you with proposed moratorium language that does in fact do what I'm discussing. So again, I'd ask that somebody make a formal motion that we move forward with a proposed moratorium regarding those activities, and that moratorium be for six months. Just like the solar moratorium and allow the Town Board to, if necessary or if it feels necessary to, end that moratorium by resolution, or extend it by resolution. Councilman Guido: I’ll make that motion. Councilman Testa: John? Attorney DelVecchio: Yes. Councilman Testa: When do you want this to start? Right away? Attorney DelVecchio: Yep. So what if somebody makes a motion, it’s seconded, it’s voted on tonight, what will happen is, I'll send this proposed moratorium language that you've all reviewed to the County Planning Board and Town Planning Board for recommendations. Those respective Boards will review the language, provide any recommendations in a formal or informal way to you for consideration, there will be a Public Hearing scheduled just like the solar moratorium, and then you'll take up the issue for formal action. To adopt it or not. Councilman Withey: Tom, I’ll second this resolution so we can get it for further discussion. And, with further discussion, why are we limiting it to just wellhead protection area and not aquifer? Attorney DelVecchio: It's in… Doug it's already… Those prohibited uses are already specifically delineated for properties in the aquifer protection districts. What we're proposing to do here, probably in the future, is to adopt modifications to our code to include those same prohibited uses on properties in the wellhead protection zones. But, I feel it's necessary given what's going on in the Town to impose a moratorium for those prohibited… for those activities given the circumstances. Supervisor Williams: So basically what you're doing is creating a mirror image. Attorney DelVecchio: Right. That’s correct. Councilman Withey: That's why I wanted that explained, because we didn't really cover that in the initial presentation here so I just wanted clarification so very good, thank you. Supervisor Williams: So Teddy, if we move forward, to answer your… if we move forward tonight, right now, with moving this forward, we're going to have to do the same thing at a future meeting. Have a Public Hearing and have that discussion, just like we did tonight on the moratorium for the solar. Kristin, when would be the earliest date we could do the public notice and get that? APRIL 7, 2021 TOWN BOARD MEETING PAGE 9 Town Clerk Rocco-Petrella: Because the County Planning does not meet until the end of the month, John. Attorney DelVecchio: Yes, that's correct, yes. Town Clerk Rocco-Petrella: I would suggest setting it up, scheduling it for the first meeting in May? Supervisor Williams: Alright. So, that would be, May the six? I think, yes. No, May 5. Town Clerk Rocco-Petrella: Correct, yes. Supervisor Williams: Okay. So that's the motion. Town Clerk Rocco-Petrella: Do you want to acknowledge receipt of the Local Law and to forward it to the Town and County Planning Board and schedule a Public Hearing? Supervisor Williams: Yes. Attorney DelVecchio: Beat me to the punch. Supervisor Williams: Alright, so that's the motion, and I'll make it verbatim. What… Do we have a second for that? Councilman Testa: I’ll second that Tom, but when do we get this in effect? Right away? Supervisor Williams: As soon as we have a Public Hearing and we vote on it. Thereafter, it gets to the state. Councilman Testa: Alright. Supervisor Williams: So I'm thinking, if at all moves as it should. This should end up as law. Probably the second week in May. Something like that. Councilman Testa: Alright. Supervisor Williams: Okay, So, we have a motion and a second. Any further discussion? If not, I’ll call the question. Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Attorney DelVecchio: Thank you all very much. That's it for me. RESOLUTION #105 ACKNOWLEDGE RECEIPT, FORWARD TO TOWN AND COUNTY PLANNING BOARD, AND SCHEDULE A PUBLIC HEARING REGARDING A PROPOSED LOCAL LAW OF 2021 – A LOCAL LAW ESTABLISHING A MORATORIUM PROHIBITING THE APPROVAL OR EXPANSION OF CERTAIN USES AND DEVELOPMENT WITHIN ANY EXISTING WELLHEAD PROTECTION AREA IN THE AQUIFER PROTECTION DISTRICT Motion by Councilman Cobb Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED APRIL 7, 2021 TOWN BOARD MEETING PAGE 10 BE IT RESOLVED, the Town Board does hereby acknowledge receipt of a proposed Local Law of 2021 for the Town of Cortlandville as prepared by the Town Attorney titled, “A Local Law Establishing a Moratorium Prohibiting the Approval or Expansion of Certain Uses and Development Within Any Existing Wellhead Protection Area in the Aquifer Protection District”, and it is further RESOLVED, the proposed Local Law shall be forwarded to the Town and County Planning Boards for their review and recommendations, and it is further RESOLVED, a public hearing shall be scheduled for May 5, 2021 at 5:00 p.m. at the Town of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York concerning the proposed local law. Supervisor Williams reported: Committee for Amendments to Solar Law: Supervisor Williams asked for Board authorization to seek nominations or volunteers to be on a committee to look at changes to the Town’s Solar Law. He suggested he seek members for the [five person] committee and would bring a list of names back the Board by the first meeting in May. He suggested Attorney DelVecchio be on the committee as well as representative from both the Planning Board and Zoning Board of Appeals. Two remaining seats would need to be filled. Supervisor Williams explained that the request for volunteers would be advertised on the Town’s website as well as in the newspaper. Attorney DelVecchio suggested the motion be to allow Supervisor Williams discretion to take any and all action to assemble a proposed committee that will be approved by the Town Board. RESOLUTION #106 AUTHORIZE TOWN SUPERVISOR TO TAKE ANY AND ALL ACTION TO ASSEMBLE A COMMITTEE TO REVIEW THE TOWN’S SOLAR ENERGY LAW 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 authorize and direct the Town Supervisor to take any and all action necessary to assemble a committee to review the Town’s Solar Energy Law, and it is further RESOLVED, the members of such committee shall be subject to Town Board approval. Recreation Commission: Supervisor Williams recalled that in the beginning of 2020 the Board formed a Recreation Commission for the Town of Cortlandville. Prior to the meeting he provided the Board with the proposed language/guidelines for the “Town of Cortlandville Parks and Recreation Department and Commission” and asked for a motion to put the Commission in effect. Councilman Withey asked that it be clarified in the document that ex officio members could not be the Chair, Vice Chair and Secretary of the Commission. Supervisor Williams suggested it was “understood” as ex officio means “without a seat” but agreed to add verbiage to make it clear. Like his earlier request to create a committee regarding solar, Supervisor Williams also asked for authority to bring together a list of candidates for the Commission for further consideration by the Board. APRIL 7, 2021 TOWN BOARD MEETING PAGE 11 RESOLUTION #107 ESTABLISH GUIDELINES FOR THE TOWN OF CORTLANDVILLE PARKS AND RECREATION DEPARTMENT AND COMMISSION Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby establish the Town of Cortlandville Parks and Recreation Department and Commission guidelines as follows: 1. Town of Cortlandville Parks and Recreation Department: The Town of Cortlandville HEREBY ESTABLISHES a Parks and Recreation Department and Commission. The Commission is advisory in nature and will be developed to adopt recommendations on Parks and Recreation management and services. 2. Commission; Membership; Appointment: A) A Commission consisting of five members, appointed by the Town Board, to be known as the Town of Cortlandville Parks and Recreation Commission. B) Commission members shall be appointed by the Town Board and be electors of the Town of Cortlandville. C) The Town Board may also appoint one ex-officio member from the County of Cortland, City of Cortland, Cortland Regional Sports Council, or Cortland City School District with knowledge of student athletes and/or facilities. One from each upon nomination by the leader of each of the above-mentioned bodies. D) For Members initially appointed: One for a five-year term. One for a four-year term. One for a three-year term. One for a two-year term. One for a one-year term. E) All terms shall expire on December 31st of the appropriate year. Following the expiration of the terms of the members appointed in section D above, appointment of members shall be for terms of three (3) years. Existing members may be reappointed. F) The Town Supervisor and/or his/her appointee and the Town Recreation Director shall be ex-officio non-voting members of the Commission. 3. Officers: A) At the first meeting of each calendar year, the Commission shall elect from its membership, a chair, vice-chair, and recording secretary. B) The Chair shall preside at all meetings. The Chair shall appoint all committees when required to explore parks and recreation related input to the Commission or Town Board. C) The Vice Chair shall perform the duties of the Chair in the absence of the Chair. D) The Secretary shall prepare minutes of the Commission meetings and such other documentation as the Commission shall from time to time be required. 4. Mission; Responsibility: A) The mission of the Commission is to help provide a high quality of life for all town residents by assisting in facilitating opportunities to participate in healthy parks, recreation, and leisure activities. B) The Commission shall act as an advisory body to the Parks and Recreation Department, the Town Board, and as a liaison to the community partners. C) The Commission shall provide guidance for the Parks and Recreation Department in the following capacities: input and review of annual budget proposals, park rules and policies, park development, review of policy and guidelines for programs and recreation facilities, and facility fees. D) Review annually with City of Cortland Youth Bureau the Town residents’ participation data regarding programs and facilities. APRIL 7, 2021 TOWN BOARD MEETING PAGE 12 E) Recommend capital project for the Town’s Park system. F) Advise the Director on the administration and operations of the Department as they or the Town Supervisor may request. 5. Establishment; Director; Qualifications: A) There shall be a Town of Cortlandville Parks and Recreation Department headed by a Director who shall be appointed by the Town Supervisor. They shall be qualified on the basis of their education, training and experience in the administration of recreation programs/services, and park management. Unless otherwise provided in the charter, they shall be directly responsible to the Town Supervisor. 6. Powers and Duties of Director; Supervisor; Manager: A) Manage and Supervise the Town of Cortlandville Parks system (Ted Testa Park, Gutchess Lumber Sports Complex, Blodgett Mills Park, and Lamont Circle Park) in an administrative role. B) Establish, continue, and maintain playgrounds, athletic fields, park amenities, pavilions, programs, and partnerships with local youth serving agencies. C) Work closely with the Town of Cortlandville Highway Department regarding Park maintenance duties and needs. D) Supervise Park and Recreation seasonal staff. E) Execute the powers and duties for youth programs under the executive Law of New York State. F) Supplement the work of youth-serving agencies in Cortland County devoted in whole or in part to the welfare and protection of the youth of Cortlandville. 7. Prior Approval Required: A) The Town Board has the power and the control of the fiscal affairs and expenditures of the Commission. The Town Board must approve all contracts and payments of claims. No act taken by the Commission shall bind the Town nor shall the Commission be authorized to commit any Town monies without the prior express approval of the Town Board. 8. Compensation; Expenses: A) Members shall serve without compensation; except they may be reimbursed for their mileage or other prior approved disbursements pursuant to policies established by the Town Board. 9. Meeting Calendar; Structure: A) The Commission will have 6 monthly meetings per year on the second Tuesday of the month starting at 5:00 pm. (February, April, June, August, October, December) B) Parks and Recreation Director may call special meetings as needed of the commission. C) Parks & Recreation Director will create with the approval of the Commission Chair the meeting Agenda, Financial Reports, Staff Activity Report, and Park/Program usage data. RESOLUTION #108 AUTHORIZE TOWN SUPERVISOR TO TAKE ANY AND ALL ACTION TO ASSEMBLE CANDIDATES FOR THE TOWN OF CORTLANDVILLE PARKS AND RECREATION DEPARTMENT AND COMMISSION 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 Supervisor to take any and all action necessary to assemble candidates for the Town of Cortlandville Parks and Recreation Department and Commission, and it is further RESOLVED, the members of such Commission shall be subject to Town Board approval. APRIL 7, 2021 TOWN BOARD MEETING PAGE 13 Town Board reports: Councilman Withey reported that the Cortland County Airport Committee held its first meeting for 2021. The Airport was looking to make improvements including paving and the addition of a lounge for those who fly into the airport. Another item discussed was the vacant lot on Fairview Drive owned by the County. The County acquired the property due to FAA flight path regulations and demolished the house in 2020. Councilman Withey had conversations with Highway Sup’t. Drach and Supervisor Williams regarding the property, which he thought the County would convey to the Town at no cost. Discussion occurred regarding the possibility of the conveyance. The Town owns the adjoining property and maintains it for stormwater purposes. Supervisor Williams added that he spoke with the Chair of the County Legislature, Paul Heider regarding the matter. The County does not have a use for the property. Supervisor Williams suggested that maintaining the property (mowing) would not be a problem as the Town owns the adjoining property. He asked Highway Sup’t. Drach to inquire as to what the allowed uses for the property would be under the FAA regulations. He mentioned the possibility of constructing a couple basketball courts on the property. Before moving forward with a possible conveyance of the property or not, more information would be learned. The Board moved forward with the following new business items. RESOLUTION #109 AUTHORIZE SUPERVISOR TO SIGN THE NEW APPLICANT APPROVAL REQUEST OF KATHARINE GRIFFITH FOR THE 2019 TOWN-WIDE HOUSING REHABILITATION PROGRAM CDBG #287HR323-19 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 the new applicant approval request of Katharine Griffith for property located at 1039 Route 13 in the Town of Cortlandville, for a 100% deferred loan for the 2019 Community Development Block Grant Town-Wide Housing Rehabilitation Program (#287HR323-19), and it is further RESOLVED, the work to be completed will include siding, windows and doors, other (detectors), roofing flooring, interior carpentry and heating, for a total of $28,050.00. RESOLUTION #110 AUTHORIZE SUPERVISOR TO SIGN THE OWNER- OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND MICHAEL HOMZA FOR THE TOWN-WIDE HOUSING REHABILITATION GRANT PROGRAM CDBG #287HR323-19 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 Owner-Occupied Loan Agreement between the Town of Cortlandville and Michael Homza, 2086 Weaver Road, Cortland, New York, regarding the extension of loan funds by the Town’s CDBG Program (#287HR323-19) for the total amount of $36,370.00. RESOLUTION #111 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE TOWN-WIDE HOUSING REHABILITATION GRANT PROGRAM CDBG #287HR323-19 Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED APRIL 7, 2021 TOWN BOARD MEETING PAGE 14 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: Empire Construction of CNY, LLC – $11,875.00 (Homza) Town of Cortlandville – Building Permit - $50.00 (Homza) Thoma Development – Program Delivery - $7,400.00 Thoma Development – Administration Contract - $2,837.70 Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file the Cortland County Planning Department Review and Recommendations, dated March 12, 2021, and Cortland County Planning Board Resolution #21-05, regarding the Aquifer Protection Permit application submitted by DG New York CS, LLC to construct a five megawatt ground mounted large scale solar energy system encompassing approximately 39.0+/- acres, for property located off of Riley Road, immediately southeast of the intersection of Riley Road and East River Road, tax map #87.00-03-08.112. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the Cortland County Planning Department Review and Recommendations, dated March 12, 2021, and Cortland County Planning Board Resolution #21-06, regarding the Aquifer Protection Permit application submitted by Lime Hollow Nature Center to upgrade an existing pole barn for classroom and work shop space, for property located on the west side of Gracie Road in the Town of Cortlandville, tax map #105.05-01-12.110. All voting aye, the motion was carried. RESOLUTION #112 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY LIME HOLLOW NATURE CENTER FOR APRIL 21, 2021 AT 5:00 PM Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for April 21, 2021 at 5:00 p.m. to be held via Zoom video and telephone conference concerning the Aquifer Protection Permit application submitted by Lime Hollow Nature Center to upgrade an existing pole barn for classroom and work shop space, for property located on the west side of Gracie Road (County Rd. #124) in the Town of Cortlandville, tax map #105.05-01-12.110. RESOLUTION #113 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY BUILDER’S BEST HOME IMPROVEMENT CENTER, INC. TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Withey Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Builder’s Best Home Improvement Center, Inc. to construct. 5,000 sq. ft. cold storage warehouse property located at 3798 Luker Road, tax map #95.00-09-01.000, is hereby received and filed and shall be forwarded to the Town and County Planning Boards for review and recommendations. RESOLUTION #114 RESCIND TOWN BOARD RESOLUTION #119 OF 2020, “SUSPEND LOSS OF ACCRUED PAID TIME OFF FOR ALL TOWN EMPLOYEES WHO WOULD LOSE ACCRUED TIME UNTIL SEPTEMBER 1, 2020” Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED APRIL 7, 2021 TOWN BOARD MEETING PAGE 15 BE IT RESOLVED the Town Board does hereby rescind Town Board Resolution #119 of 2020, adopted May 20, 2020, “Suspend Loss of Accrued Paid Time Off for All Town Employees Who Would Lose Accrued Time Until September 1, 2020”. RESOLUTION #115 SUSPEND LOSS OF ACCRUED PAID TIME OFF FOR ALL TOWN EMPLOYEES WHO WOULD LOSE ACCRUED TIME RETROACTIVE TO MARCH 2020 AND UNTIL FURTHER TOWN BOARD ACTION AND AUTHORIZE BOOKKEEPER TO REINSTATE VACATION AND PERSONAL TIME FOR EMPLOYEES AFFECTED 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 suspend the loss of accrued paid time off for all Town employees who would lose accrued time retroactive to March 2020 and until further Town Board action, as a result of the COVID-19 pandemic and the declared State of Emergency in the Town of Cortlandville in 2020, and it is further RESOLVED, the Town Bookkeeper is hereby authorized and directed to contact Paychex Inc. to reinstate vacation and personal time for the employees who were affected. RESOLUTION #116 APPROVE EXTRA WORK AUTHORIZATION NO. 4 FROM CHA FOR THE 2021 AND 2022 POST-CLOSURE MONITORING FOR THE SOUTH HILL DUMP SITE Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby approve Extra Work Authorization No. 4 from CHA, dated March 22, 2021, for the 2021 and 2022 Post-Closure Monitoring for the South Hill Dump Site, to provide professional engineering services in connection with post-closure monitoring in accordance with procedures and protocols included in the approved December 2015 Site Management Plan (SMP) prepared by MACTEC Engineering and Consulting, P.C., for the total cost of $14,950.00 to complete work as follows: 2021: Site Management Plan Update - $3,650; Annual Inspection - $700 2022: Annual Inspection - $700; Groundwater Monitoring - $7,200; Periodic Review Report -$2,700; AND BE IT FURTHER RESOLVED, any additional services will be charged on a time and material basis in accordance with the 2021 Municipal Rate Schedule as provided by CHA. RESOLUTION #117 AUTHORIZE SUPERVISOR TO SIGN THE NYS COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT AGREEMENT FOR THE AWARDED 2021 HOUSING REHABILITATION PROGRAM Motion by Councilman Guido 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 New York State Community Development Block Grant (NYS CDBG) Economic Development/Small Business Program Agreement #287ED967-21 for the Town of Cortlandville on behalf of Seven Valley Specialty Cables, LLC, in the amount of $330,000.00. APRIL 7, 2021 TOWN BOARD MEETING PAGE 16 There was discussion regarding authorization to pay the City of Cortland Youth Bureau additional fees for providing additional services. Supervisor Williams explained that the Town of Cortlandville reduced its contract with the City of Cortland for recreation services. After further discussion and negotiations, Supervisor Williams asked the Board to authorize an additional $27,750.00 be paid to the City for recreation services that impact Town residents. For example, the Town does not have a pool however the City’s Wickwire Pool and Yaman Beach are heavily used by Town residents. A portion of the additional funds would be used to pay for the chemicals ($18,000.00). The Town offered to pay for the licensing agreement for the computer software Rec Desk ($3,500.00), which the City uses to schedule the events/bookings at Town parks. The City has a $5,000 budget for scholarships for disadvantaged youth to participate in events. Since 25% of the children in the program are from the Town of Cortlandville, the Town would cover 25% of the scholarships ($1,250.00). Lastly, the fields at Beaudry Park were in need of maintenance ($5,000.00), which are used by Town residents as well. Supervisor Williams explained that the Town’s contract with the City for 2021 was reduced by almost $38,0000. With the additional funds, the total amount would still be approximately $10,000 less than the 2020 annual contract. Supervisor Williams requested authorization to pay the additional funds of $27,750.00 to the City of Cortland. RESOLUTION #118 APPROVE CONTRACT WITH THE CITY OF CORTLAND FOR ADDITIONAL RECREATIONAL SERVICES TO THE TOWN OF CORTLANDVILLE FOR THE YEAR 2021 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 approve the additional contract with the City of Cortland for the City to provide additional recreational services to the Town of Cortlandville for the year 2021 in the amount of $27,750.00. No further comments or discussion was heard. Supervisor Williams requested the Board convene to an Executive Session to discuss personnel. He informed those in attendance that h e did not anticipate any action being taken as a result of the Executive Session. Councilman Withey made a motion, seconded by Councilman Cobb, to recess the Regular Meeting to an Executive Session to discuss personnel. All voting aye, the motion was carried. The meeting was recessed at 6:55 p.m. Councilman Guido excused himself from the Executive Session at 7:01 p.m. Councilman Withey made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 7:03 p.m. Members of the public were invited back into the meeting. No further comments or discussion were heard. 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 7:04 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 April 16, 2021. The final version of this meeting was approved as written at the Town Board meeting of April 21, 2021.