HomeMy WebLinkAbout2022-04-20 Town Board Minutes
APRIL 20, 2022 5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
GUTCHESS LUMBER CO. INC.
890 MCLEAN ROAD
TAX MAP #95.12-01-16.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town
of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor
Williams presiding, concerning an application for an Aquifer Protection Permit submitted by
Gutchess Lumber Co. Inc. to permit the addition of a 2,500+/- square foot pre-engineered metal
building to the northwest side of an existing sorter building, for property described as 890 McLean
Road, tax map #95.12-01-16.000.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abbi Albro;
Highway Sup’t. Larry Drach; County Legislator, Eugene Waldbauer; Ryan Marrs, Company
Engineer for Gutchess Lumber Co. Inc.; Town Residents: Jesse Gale III; Jesse Gale Jr.; Pamela
Jenkins; Bob Martin; Gary Allen Jr.; Bernice Potter-Masler; Peter and Paula Cowling; David and
Beverly Jones; Angelo and Peg Baccaro; Glenn Reisweber; Ray Dunnigan; John Folmer; and
News Reporter: Yuner Gao from the Cortland Standard. Others joining via Zoom video/telephone
conference: Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary,
Amanda Rainbow; Solar Committee Member, Michael Barylski; Mike Neilson; and News
Reporter, Eddie Velasquez from the Cortland Voice.
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 those in attendance.
Ryan Marrs, Company Engineer for Gutchess Lumber Co. Inc., explained that the purpose
of the expansion onto the existing sorter building was to install a new lumber stacker to help
automate processes. The only way to fit the new equipment into the existing footprint is to expand
the building by 30 ft. and to add a small side building; the lumber stacker machine that will
automatically lay the sticks can then be installed. Mr. Marrs stated that as everybody knows, the
labor force is very constrained right now, and Gutchess Lumber is struggling with that. He
explained that part of his role is to automate portions the company where “we remove some of the
material handling labor so that we can provide even better jobs in the future”. If permitted to do
this, Gutchess Lumber will be successful in automating that part of the sawmill.
As far as Aquifer protection, Mr. Marrs stated that Gutchess Lumber has operated in the
flood plain for many years and have taken great care in doing so. He explained that Gutchess’
buildings are set up to handle flooding. The buildings are constructed so that water can come in
and the water can leave; there would be no displacement issues. Mr. Marrs also stated that the
project has been discussed with Gutchess’ engineers.
Mr. Marrs offered to answer any questions and stated that he was in support of the project.
Supervisor Williams thanked Mr. Marrs for his comments and explained that the public
hearing was typically not the forum for asking questions.
Supervisor Williams asked if there any were further requests for privilege of the floor.
No further comments or discussion were heard.
The Public Hearing was closed at 5:06 p.m.
APRIL 20, 2022 5:06 P.M.
PUBLIC HEARING NO. 2
LOCAL LAW OF 2022
A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S
ZONING CODE TO PERMIT SOLAR ENERGY SYSTEMS
IN THE TOWN OF CORTLANDVILLE, NEW YORK
A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town
of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor
Williams presiding, concerning a proposed Local Law of 2022, “A Local Law Amending the Town
of Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New
York”.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abbi Albro;
Highway Sup’t. Larry Drach; County Legislator, Eugene Waldbauer; Ryan Marrs, Company
Engineer for Gutchess Lumber Co. Inc.; Town Residents: Jesse Gale III; Jesse Gale Jr.; Pamela
Jenkins; Bob Martin; Gary Allen Jr.; Bernice Potter-Masler; Peter and Paula Cowling; David and
Beverly Jones; Angelo and Peg Baccaro; Glenn Reisweber; Ray Dunnigan; John Folmer; and
News Reporter: Yuner Gao from the Cortland Standard. Others joining via Zoom video/telephone
conference: Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secr etary,
Amanda Rainbow; Solar Committee Member, Michael Barylski; Mike Neilson; and News
Reporter, Eddie Velasquez from the Cortland Voice.
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 Pamela Jenkins.
Town resident, Pamela Jenkins, offered the following comments which she submitted for
the record:
Because this Solar Law amendment will likely have large impacts upon agricultural
resources, forests, community character among other impacts, Cortlandville should give
this law a POSITIVE DECLARATION and then issue an environmental impact statement
so that each of the impacts can be investigated.
NY 617.2 defines environment to include land, air, water, minerals, flora, fauna,
noise resources of agricultural, archeological or aesthetic significance; existing patterns of
population concentration distribution or growth: existing community or neighborhood
character, and human health.
I object to the amended definition of Prime Farmland. To the US Dept of Ag
definition, the Cortlandville amendment ADDS that the land has to have been in active
farming 3/5 years.
There is no analysis as to how many acres of Prime Farmland this would open to
industrial solar.
The definition of Prime Farmland should be ONLY the USDA definition...not
based upon number of years in recent active use. Land that is resting now could very well
be needed in the near future.
There are no examples of large scale solar farms being converted back to active
agriculture…issues regarding compaction, erosion and leaching may make it impossible to
revert industrial solar farms to agriculture. Thus, the impact of the amendment upon
agricultural resources could be large.
I object to specifically allowing conversion of forests to solar panels...5 acres or up
to 10% of the site...so on a 200 acre site...20 acres of forests could be cut down to make
way for solar panels.
We should instead be specifically prohibit logging to make way for solar
panels…forest are carbon sinks and they counter the effects of global warming…removing
forests to make way for solar panels is absurd.
APRIL 20, 2022 PUBLIC HEARING NO. 2 PAGE 2
I object to allowing sites that are prohibited by zoning (non-conforming) to be given
Conditional Permits. This should be left in the hands of the ZBA, where the public has
input, not given over to the CV Pl Bd to allow by Conditional Permit.
I object to the Part 3 of the Environmental Assessment Form...it finds no impact
upon the environment...give me a break....the proposed amendment opens up an unknown
number of Prime Farmland acres throughout the town to an unknown number of acres of
industrial solar development, opens up forests to be cut down to make way for solar, and
takes ZBA out of equation for sites that violate zoning.
There is no discussion about how many acres per year town-wide can be converted
to solar.
There is no discussion about how close or densely packed into each community the
industrial solar installations can be;
There is no discussion about the absurdity of logging forests to make way for solar
panels.
Several nearby communities address all of these issues in their solar ordinances,
Cortlandville should do better.
There would be moderate and large impacts to Agriculture, forests, community
character...the town must make the finding that there are moderate to large impacts to all
of the above and give the law amendment a POSITIVE DECLARATION and require an
Environmental Impact Statement.
Just as the Solon Supervisor Steve Furlin, pointed out in a Letter to the Editor, I
object to the town placing Mike Barylski on the solar law committee. Last I knew, Mike
holds a contract to do large scale solar development on his large tracts of land. This
obviously poses a conflict of interest.
Also, Cortlandville should work in concert with Solon and Homer to opt out of the
PILOT for solar.
This law should not be voted upon until all of these points are addressed in full.
Thank you.
Supervisor Williams thanked Ms. Jenkins for her comments and indicated that there were
no other requests for privilege of the floor.
No further comments or discussion were heard.
The Public Hearing was closed at 5:12 p.m.
APRIL 20, 2022 5:12 P.M.
PUBLIC HEARING NO. 3
LOCAL LAW OF 2022
A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S
BATTERY ENERGY STORAGE SYSTEM LAW
OF THE TOWN OF CORTLANDVILLE, NEW YORK
A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town
of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor
Williams presiding, concerning a proposed Local Law of 2022, “A Local Law Adopting the Town
of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New York”.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abbi Albro;
Highway Sup’t. Larry Drach; County Legislator, Eugene Waldbauer; Ryan Marrs, Company
Engineer for Gutchess Lumber Co. Inc.; Town Residents: Jesse Gale III; Jesse Gale Jr.; Pamela
Jenkins; Bob Martin; Gary Allen Jr.; Bernice Potter-Masler; Peter and Paula Cowling; David and
Beverly Jones; Angelo and Peg Baccaro; Glenn Reisweber; Ray Dunnigan; John Fo lmer; and
News Reporter: Yuner Gao from the Cortland Standard. Others joining via Zoom video/telephone
conference: Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary,
Amanda Rainbow; Solar Committee Member, Michael Barylski; Mike Neilson; and News
Reporter, Eddie Velasquez from the Cortland Voice.
Supervisor Williams called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice.
Supervisor Williams asked if there any requests for privilege of the floor. No requests
were made.
No further comments or discussion were heard.
The Public Hearing was closed at 5:13 p.m.
APRIL 20, 2022 5:13 P.M.
PUBLIC HEARING NO. 4
LOCAL LAW OF 2022
A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S
SOLAR ENERGY SYSTEM PILOT LAW
OF THE TOWN OF CORTLANDVILLE, NEW YORK
A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town
of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor
Williams presiding, concerning a proposed Local Law of 2022, “A Local Law Adopting the Town
of Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abbi Albro;
Highway Sup’t. Larry Drach; County Legislator, Eugene Waldbauer; Ryan Marrs, Company
Engineer for Gutchess Lumber Co. Inc.; Town Residents: Jesse Gale III; Jesse Gale Jr.; Pamela
Jenkins; Bob Martin; Gary Allen Jr.; Bernice Potter-Masler; Peter and Paula Cowling; David and
Beverly Jones; Angelo and Peg Baccaro; Glenn Reisweber; Ray Dunnigan; John Folmer; and
News Reporter: Yuner Gao from the Cortland Standard. Others joining via Zoom video/telephone
conference: Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secr etary,
Amanda Rainbow; Solar Committee Member, Michael Barylski; Mike Neilson; and News
Reporter, Eddie Velasquez from the Cortland Voice.
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 Bob Martin.
Town resident, Bob Martin mentioned that he was one of the five members of the Solar
Committee involved in drafting all three of the proposed local laws. He read the following excerpt
from the proposed PILOT Law:
… It is intended and hereby declared to address matters of local concern only and
is intended to act in furtherance of the Town’s authority with respect to zoning and
land use laws and its police and taxation powers, related to solar energy systems.
This Local Law is adopted to ensure that the benefits of the community’s solar
energy resource are available to the entire community, by promoting the installation
of solar energy generating equipment through a payment in lieu of taxes (PILOT),
granting reduced costs to system developers and energy consumers, and providing
a revenue stream to the entire community.
Mr. Martin stated that, “beginning with the 2022 assessment rolls, local assessors are
required to use solar and wind appraisal model developed by the New York State Tax Department,
who consulted with the following agencies to develop the model: NYSERDA, NYSAA, Alliance
for Clean Energy, the New York State Economic Development Council, and renewable energy
developers”. He suggested that the Town should opt out of Section 487 of the Real Property Tax
Law rather than establish a PILOT Law. The Town of Homer and Solon have already opted out.
He stated that all three towns will have an EDF Renewable 600-acre, 90-megawatt solar farm in
their towns. Because of its size the EDF project is governed by the permitting authority of Section
94-C of NYS Executive Law. Under this process, solar projects such as this can bypass some local
laws. The Towns of Homer and Solon have indicated their willingness to work with the Town of
Cortlandville and would have more bargaining power in having a unified policy.
APRIL 20, 2022 PUBLIC HEARING NO. 4 PAGE 2
Supervisor Williams offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins stated, “to underscore what Bob said, I believe that
Cortlandville should work with the Towns of Solon and Homer to opt out of the PILOT program”.
She added that the PILOT program “shortchanges schools and local taxpayers”.
Supervisor Williams thanked Mr. Martin and Ms. Jenkins for her comments.
No further comments or discussion were heard.
The Public Hearing was closed at 5:17 p.m.
APRIL 20, 2022 5:17 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, David J. Donlick
Councilman, Jeffrey D. Guido
Councilman, Gregory K. Leach
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abbi Albro;
Highway Sup’t. Larry Drach; County Legislator, Eugene Waldbauer; Ryan Marrs, Company
Engineer for Gutchess Lumber Co. Inc.; Town Residents: Jesse Gale III; Jesse Gale Jr.; Pamela
Jenkins; Bob Martin; Gary Allen Jr.; Bernice Potter-Masler; Peter and Paula Cowling; David and
Beverly Jones; Angelo and Peg Baccaro; Glenn Reisweber; Ray Dunnigan; John Folmer; and
News Reporter: Yuner Gao from the Cortland Standard. Others joining via Zoom video/telephone
conference: Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary,
Amanda Rainbow; Solar Committee Member, Michael Barylski; Mike Neilson; and News
Reporter, Eddie Velasquez from the Cortland Voice.
Supervisor Williams called the Regular Meeting to order.
RESOLUTION #114 AUTHORIZE PAYMENT OF VOUCHERS – APRIL
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #441-520
HG, SF, SS, SW General Fund A $ 102,651.40
General Fund B $ 1,762.16
Highway Fund DA $ 0.00
Highway Fund DB $ 40,635.39
Gutchess Lumber SC Project HG $ 32,982.47
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 108,529.73
Water Fund SW $ 17,426.36
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 #11-12
Trust & Agency TA $ 44,637.52
Expendable Trust TE $ 0.00
Supervisor Williams offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins made the following comments to the Board which she also
submitted for the record:
Regarding Expansion of GLSC
Mr. Williams and Board members,
Recently the Cortlandville Planning Board was given plans for Gutchess sport Complex
Phase 2. There were no accompanying SEQR docs and the Town Clerk confirmed that none have
been prepared for this Phase 2.
First of all please know this: there was never an environmental evaluation of GLSC…the
2017 Neg that was granted was for the land swap for the park…there were no plans or details about
what the park or now sport complex would encompass…that Neg Dec was for the land swap
APRIL 20, 2022 TOWN BOARD MEETING PAGE 2
only….most of the questions are not even answered on the Environmental Assessment Form of
2017, which was granted a Neg Declaration…meaning no expected impact.
Subsequently, in the July 2021 NYS grant application another undated SEQR doc labeled
as CHA SEQR appeared, and it has the 2017 Neg Dec attached to it…but that new CHA EAF was
never discussed or reviewed in public and it certainly did not receive the 2017 Neg Dec that is
attached to it….recall that in 2017 no one knew what the park would consist of….the new EAF
includes many of the recent developments that were not known in 2017….and it has the 2017 NEG
DEC attached to it when it should not be.
I asked Chris Einstein of CHA…he wrote that he had nothing to do with it.
Laura Cassalia of CHA said she had nothing to do with the grant application and she has
not answered me back about who authored the newest EAF, when it was submitted or when it was
discussed in public. (it was not).
Because no one from CHA has any idea about how the new CHA SEQR with attached
2017 NEG DEC came about, I am asking you to remove it from the CV website…because I believe
it is a false instrument which was compiled by an anonymous person and never reviewed in public.
I contacted the NYS Inspector General about this.
There has never been an environmental assessment of GLSC or any aspect of the Phase 2
expansion…that needs to take place before a permit can be granted and before construction can
begin.
Remember, all projects in NYS regardless of the sponsor are subject to SEQR…and it has
not yet been done for GLSC, or Phase 2.
So. Back to the drawing boards and please provide a Full Environmental Assessment Form
for Phase 2 of GLSC for review by the public.
Also, please advise us of the status of your application for Parkland Alienation for our
publicly funded park being turned over to the private for profit corporation, PBR.
Cortlandville failed to receive approval for Parkland Alienation before they signed the
August 2021 lease with PBR baseball tournament corp. Citizens submitted more than enough
verified signatures to force Cortlandville to hold a Special Election on the contract with PBR.
Cortlandville failed to challenge any of the signatures and also failed to hold that Special Election.
Instead, Cortlandville claimed that the contract they signed which was subject to
permissive referendum is no longer subject to permissive referendum. And now they plan to sign
another contract to spend more taxpayer dollars on the facility to be turned over to the priva te
corporation for their profit.
What is the status of your Parkland Alienation application?
Thank you,
Pam Jenkins
Supervisor Williams thanked Ms. Jenkins for her comments.
Supervisor Williams offered privilege of the floor to Bob Martin.
Town Resident, Bob Martin made the following comments to the Board which he also
submitted for the record:
I-7 “First Amendment to Management Agreement”
1.01(a) Article turf in the entire fields, both infield and outfield. Why the change from
natural grass outfield? Is there a cost benefit? No sprinkler or water usage. Is there increased cost
for the additional artificial turf?
3.07 escrow account deposit increased from $15,000 to $25,000 for the town and PBRT.
Is this enough to cover artificial turf repairs and ultimate replacement in 8 to 10 years?
Original contract in section 1.03 Construction had a construction date of May 31, 2022. It
appears that the completion date will be in the “Late delivery Period” of June 1, 2022 to December
31, 2022. Monthly lease fees of 20,250 will not be received until January 1, 2023.
The original Management Agreement dated August 1, 2021 was presented with a price tag
for two fields at 750,000 to 1,000,000. The Town has bonded 2,000,000 for the project. What is the
final cost going to be? Has any portion of the project gone out to bid yet?
The original resolution for the Management Agreement was by permissive referendum.
Petitions were prepared and signed by more than the minimum qualified Cortlandville voters to
have the issue on a ballot. The Town decided that the agreement was not a lease and it would not
qualify for permissive referendum. So the voters were denied the opportunity to vote for or against
this management agreement.
Management Agreement is actually a Lease
Initially, simply labeling an Agreement a “License Agreement” or “Lease” does not make
it so. Our courts will look to the terms of the Agreement to determine whether it is a License or a
Lease.
Whether an agreement is held to be a license and not a lease will depend on the presence
or absence in the agreement of the three essential characteristics of a real estate license: 1) a clause
APRIL 20, 2022 TOWN BOARD MEETING PAGE 3
allowing the licenser to revoke “at will’: 2) the retention by the licensor of absolute control over
the premises; and 3) the licensor’s supplying to the licensee all of the essential services required
for the licensee’s permitted use of the premises.
Courts have found licenses to be leases where any one or more of these characteristics is
either missing from the agreement altogether or not sufficiently vested in the powers retained by
the licensor.
The “Management Agreement” with PBRT is missing both 1) and 2) and therefore is a
lease.
The “Management Agreement” with PBRT has all the following elements of a lease.
Usually, a lease requires a written or oral agreement between two parties, the landlord and
the tenant. The lease transfers to the tenant a right to use the land or property however he would
like, pursuant to the conditions of the agreement.
Subject to the terms of the contract, a lease is not revocable by the owner.
Contract Terms with Lease and Licenses
1. A description of the bounds and extent of the property being leased.
2. The terms of the lease.
3. The price of rent.
4. How and when payment should be made.
A final consideration to make is that a party cannot turn a lease into a license by merely
calling it that.
Supervisor Williams thanked Mr. Martin for his comments.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the following monthly reports:
1. Town Justice Mathey, Town Justice DeMarco – March 2022;
2. Cortland Community SPCA – March 2022;
3. Water & Sewer Department – March 2022.
All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
the Cortland County Treasurer’s Report, dated April 2022. All voting aye, the motion was carried.
There was a brief discussion regarding the 2021 Annual Financial Report (AUD) of the
Town Supervisor. Supervisor Williams acknowledged Town Bookkeeper, Megan Johnson for her
work on the AUD stating she “did admirable job”. He asked the Board to offer their thanks and
appreciation to her.
RESOLUTION #115 ACCEPT 2021 ANNUAL FINANCIAL REPORT (AUD) OF
THE TOWN SUPERVISOR
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Annual Financial Report (AUD) of the Town Supervisor for the year 2021
is hereby accepted and shall be received and filed.
Under old business there was discussion regarding the Aquifer Protection Permit
application submitted by Gutchess Lumber Co. Inc. to permit the addition of a 2,500+/- square
foot pre-engineered metal building to the northwest side of an existing sorter building, for property
described as 890 McLean Road, tax map #95.12-01-16.000. Attorney DelVecchio explained the
SEQRA process to the Board. The Board commenced their review of Part 2 of the SEQR Short
Environmental Assessment Form with Attorney DelVecchio reading the questions. The Board
answered no impact to small impact for all the questions.
RESOLUTION #116 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION
PERMIT #4 OF 2022 SUBMITTED BY GUTCHESS LUMBER
CO. INC. FOR PROPERTY DESCRIBED AS 890 MCLEAN
ROAD AND AUTHORIZE SUPERVISOR TO SIGN THE
SEQRA APPLICATION
APRIL 20, 2022 TOWN BOARD MEETING PAGE 4
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Gutchess Lumber Co.
Inc. to permit the addition of a 2,500+/- square foot pre-engineered metal building to the northwest
side of an existing sorter building, for property described as 890 McLean Road, tax map #95.12-
01-16.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Sh ort
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of
Gutchess Lumber Co. Inc., Aquifer Protection Permit #4 of 2022, shall have no significant
environmental impact, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application
relating to Aquifer Protection Permit #4 of 2022.
RESOLUTION #117 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2022
SUBMITTED BY GUTCHESS LUMBER CO. INC. SUBJECT TO
CONDITIONS
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #4 of 2022,
submitted by Gutchess Lumber Co. Inc. permitting the addition of a 2,500+/- square foot pre-
engineered metal building to the northwest side of an existing sorter building, for property
described as 890 McLean Road, tax map #95.12-01-16.000, subject to the following conditions
from the Town and County Planning Boards:
1. That the applicant provide the documentation outlined in §178-81 C of the Code of the
Town of Cortlandville to the Town if they have not already done so.
2. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Under old business, there was discussion regarding the three proposed local laws
concerning solar. Attorney DelVecchio provided background information regarding the Town’s
work to amend its Solar Ordinance. He explained that after hearing concerns from the public, the
Town Board imposed a Moratorium in 2021 on the development of large-scale, ground-mounted
solar energy systems. The Board felt the Moratorium was appropriate to address the previously
adopted Solar Ordinance. A Solar Committee was created and met numerous times to revise the
law and consulted with officials from New York State agencies. Attorney DelVecchio thanked
the members of the Committee for their work to help draft the provisions. He added that if the
Town Board adopts the provisions, “the Town will have one of the strongest solar laws in New
York State”.
Attorney DelVecchio addressed the comments made during the public hearing concerning
the suggested “conflict of interest” of Committee Member, Michael Barylski. As Chair of the
Committee, Attorney DelVecchio stated that he was aware that Mr. Barylski owns property in the
Town and that yes, he has a contractual agreement with EDF concerning the 90-megawatt solar
farm proposed for the Towns of Homer, Cortlandville and Solon. Attorney DelVecchio stated that
he addressed that matter early on and that Mr. Barylski gave the information freely. Attorney
DelVecchio stated that the Town’s regulations do not regulate the EDF project; that project is
APRIL 20, 2022 TOWN BOARD MEETING PAGE 5
governed by different provisions – by New York State. He stated that what Mr. Barylski assisted
with will not affect or be related to that project. Attorney DelVecchio believed there was no
appearance of a conflict of interest.
Attorney DelVecchio stated that a lot of time was put into drafting the solar amendments.
He predicted that in the future, New York State will take legislative action to take over solar so
that the State will govern every solar project.
Attorney DelVecchio and the Board proceeded with their discussion of each proposed local
law, starting with the proposed Local Law of 2022, “A Local Law Adopting the Town of
Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”.
Attorney DelVecchio explained that the specific function of this proposed regulation will
address the “hidden provisions” in the Real Property Tax Law Section 287. The provision says
that if a project sponsor comes forward to a municipality and expresses an int ent to construct a
solar farm, Section 287 puts an obligation on the municipality to give written notice to the project
sponsor within 60 days of the taxing authority or municipality’s receipt of the notice of intent.
Attorney DelVecchio stated that since he has been Town Attorney, he has always made that
demand. However, a municipality can adopt a local law which serves as an “automatic trigger”
which accomplishes the written demand without having to send the written demand. Attorney
DelVecchio explained that the proposed local law addresses that, and that is the main function of
the local law. Attorney DelVecchio stated that “everybody knows the policy that a prior Board
adopted … the proposed PILOT Law does not affect that”.
Attorney DelVecchio mentioned that the proposed local law was a Type 1 action under
SEQR. He and the Board conducted the SEQR Review of Part 2 of the Full Environmental
Assessment Form and answered “No” to all questions.
RESOLUTION #118 ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE FOR THE PROPOSED
LOCAL LAW OF 2022, “A LOCAL LAW ADOPTING THE
TOWN OF CORTLANDVILLE’S SOLAR ENERGY SYSTEM
PILOT LAW OF THE TOWN OF CORTLANDVILLE, NEW
YORK”
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, on or about February 16, 2022, the Town Board of the Town of Cortlandville (the
“Town Board”) introduced a proposed Local Law, “A Local Law Adopting the Town of
Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”, and
referred it to the County Planning Board pursuant to GML §239-m, and
WHEREAS, the County Planning Board provided comments on the proposed Solar Energy System
PILOT Law, which were incorporated into this version of the Solar Energy System PILOT Law,
and re-introduced by the Town Board on April 6, 2022, and
WHEREAS, the Town Board is the only involved agency with respect to this action, and therefore
assumed lead agency status pursuant to 6 NYCRR 617.6(b)(1), and
WHEREAS, the Town Board as Lead Agent prepared a Full Environmental Assessment Form
(“FEAF”), and reviewed Part 2 of the FEAF, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare that the enactment of the
proposed Local Law, “A Local Law Adopting the Town of Cortlandville’s Solar Energy System
PILOT Law of the Town of Cortlandville, New York”, is a Type 1 action and will not have any
significant adverse impacts on the environment, and it is further
RESOLVED, the Town Board hereby adopts a negative declaration of environmental significance
with respect to the adoption of the proposed Local Law and authorizes and directs the Supervisor
to sign Part 3 of the FEAF, and it is further
RESOLVED, the Town Attorney is hereby directed to transmit this negative declaration and
resolution for publication in the Environmental Notice Bulletin (“ENB”) as required under
SEQRA, either by email at ENB@DEC.NY.GOV or by regular mail to ENB, NYS Department of
Environmental Conservation, 624 Broadway, 4th Floor, Albany, New York 12233-1750.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 6
RESOLUTION #119 ADOPT LOCAL LAW NO. 2 OF 2022, “A LOCAL LAW
ADOPTING THE TOWN OF CORTLANDVILLE’S SOLAR
ENERGY SYSTEM PILOT LAW OF THE TOWN OF
CORTLANDVILLE, NEW YORK”
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
ADOPTED
WHEREAS, on or about February 16, 2022, the Town Board of the Town of Cortlandville (the
“Town Board”) introduced a proposed Local Law, “A Local Law Adopting the Town of
Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”, and
referred it to the Cortland County Planning Board pursuant to GML §239-m, and
WHEREAS, the County Planning Board recommended approval of the proposed Local Law with
conditions, which were complied with and incorporated into the proposed Local Law, a final
version of which was re-introduced by the Town Board on April 6, 2022, and
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on the proposed Local Law ,
and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof,
and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law it has been
determined by the said Town Board that adoption of said proposed Local Law would not have a
significant effect upon the environment and could be processed by their applicable governmental
agencies without further regard to SEQRA, and
WHEREAS, the Town Board has satisfied its obligation under the New York State Environmental
Quality Review Act (“SEQRA”), and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, now therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 2 of 2022, “A Local Law Adopting the Town of Cortlandville’s Solar Energy
System PILOT Law of the Town of Cortlandville, New York”, a copy of which is attached hereto
and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of
this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of
the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S SOLAR ENERGY
SYSTEM PILOT LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK.
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows:
SECTION 1. TITLE.
This Local Law shall be known as the “Solar Energy System PILOT Law of the Town of
Cortlandville, New York.”
APRIL 20, 2022 TOWN BOARD MEETING PAGE 7
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town Board of the
Town of Cortlandville pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, the New York State Town Law, and
the New York Real Property Tax Law. It is intended and hereby declared to address matters of
local concern only and is intended to act in furtherance of the Town’s authority with respect to
zoning and land use laws and its police and taxation powers, related to solar energy systems.
SECTION 3. PURPOSE AND INTENT.
This Local Law is adopted to ensure that the benefits of the community’s solar energy
resource are available to the entire community, by promoting the installation of solar energy
generating equipment through a payment in lieu of taxes (PILOT), granting reduced costs to
system developers and energy consumers, and providing a revenue stream to the entire community.
SECTION 4. DEFINITIONS.
As used in this section, the following terms shall have the meanings indicated:
Annual Payment: the payment due under a PILOT Agreement entered into pursuant to
Real Property Tax Law § 487(9).
Annual Payment Date: January 1st of each year.
Capacity: the manufacturer’s nameplate capacity of the Solar Energy System as measured
in kilowatts (kW) or megawatts (MW) AC.
Owner: the owner of the property on which a Solar Energy System is located or installed,
or their lessee, licensee or other person authorized to install and operate a Solar Energy System on
the property.
Residential Solar Energy System: a Solar Energy System with a nameplate generating
capacity less than 50 kW AC in size, installed on the roof or the property of a residential dwelling
(including multi-family dwellings), and designed to serve that dwelling.
Solar Energy Equipment: collectors, controls, energy storage devices, heat pumps and
pumps, heat exchangers, windmills, and other materials, hardware or equipment necessary to the
process by which solar radiation is (i) collected, (ii) converted into another form of energy such as
thermal, electrical, mechanical or chemical, (iii) stored, (iv) protected from unnecessary
dissipation and (v) distributed. It does not include pipes, controls, insulation or other equipment
which are part of the normal heating, cooling, or insulation system of a building. It does include
insulated glazing or insulation to the extent that such materials exceed the energy efficiency
standards required by New York law.
Solar Energy System: an arrangement or combination of Solar Energy Equipment
designed to provide heating, cooling, hot water, or mechanical, chemical, or electrical energy by
the collection of solar energy and its conversion, storage, protection and distribution.
SECTION 5. PILOT REQUIRED.
1. The owner of a property on which a Solar Energy System is located or installed
(including any improvement, reconstruction, or replacement thereof), shall enter into a PILOT
Agreement with the Town of Cortlandville consistent with the terms of this Local Law, except for
a) Residential Solar Energy Systems
b) Solar Energy Systems that do not seek or qualify for an exemption from real property
taxes pursuant to Real Property Tax Law § 487(4).
2. The Lessee or licensee of any owner of a property required to enter into a PILOT
Agreement by this section, which owns or controls the Solar Energy System, may enter into the
PILOT Agreement on behalf of the owner of the property.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 8
3. Pursuant to Real Property Tax Law § 487(9)(b), the Town of Cortlandville hereby
expresses its ongoing intent to require a contract for PILOT for such Solar Energy Systems, and
this Local Law shall be considered notification to owners or developers of such systems and no
further action is required on the part of the Town of Cortlandville with respect to the notification
requirements by the Town of Cortlandville as set forth in Real Property Tax Law § 487(9)(a).
4. Nothing in this Local Law shall exempt any requirement for compliance with state and
local codes for the installation of any solar energy equipment or a solar energy system, or authorize
the installation of any solar energy equipment or a solar energy system. All solar energy systems
must file a Real Property Tax Exemption application pursuant to Real Property Tax Law § 487 to
receive a tax exemption.
SECTION 6. CONTENTS OF PILOT AGREEMENTS.
1. Each PILOT Agreement entered into shall include:
a) Name and contact information of the Owner or other party authorized to act upon
behalf of the Owner of the Solar Energy System.
b) The SBL number for each parcel or portion of a parcel on which the Solar Energy
System will be located.
c) A requirement for fifteen to twenty successive annual payments, to be paid
commencing on the first Annual Payment Date after the effective date of the Real
Property Tax Exemption granted pursuant to Real Property Tax Law § 487.
d) The Capacity of the Solar Energy System, and that if the Capacity is increased or
increased as a result of a system upgrade, replacement, partial removal or retirement of
Solar Energy Equipment, the annual payments shall be increased or decreased on a pro
rata basis for the remaining years of the Agreement.
e) That the parties agree that under the authority of Real Property Tax Law § 487 the
Solar Energy System shall be considered exempt from real property taxes for the
fifteen-year life of the PILOT Agreement.
f) That the PILOT Agreement may not be assigned without the prior written consent of
the Town of Cortlandville, which consent may not be unreasonably withheld if the
Assignee has agreed in writing to accept all obligations of the Owner, except that the
Owner may, with advance written notice to the Town of Cortlandville but without prior
consent, assign its payment obligations under the PILOT Agreement to an affiliate of
the Owner or to any party who has provided or is providing financing to the Owner for
or related to the Solar Energy System, and has agreed in writing to accept all payment
obligations of the Owner.
g) That a Notice of this Agreement may be recorded by the Owner at its expense, and
that the Town of Cortlandville shall cooperate in the execution of any Notices or
Assignments with the Owner and its successors.
h) The Town of Cortlandville Town Board may establish by resolution the payment
amount and terms of PILOT Agreements and/or Community Host Agreements by
developers of Solar Energy Systems with the Town of Cortlandville or may delegate to
the Cortland County Industrial Development Agency the authority to negotiate such
agreements on behalf of the Town of Cortlandville.
i) That if the Annual Payment is not paid when due, that upon failure to cure within
thirty days, the Town of Cortlandville may cancel the PILOT Agreement without notice
to the Owner, and the Solar Energy System shall thereafter be subject to taxation at its
full assessed value.
SECTION 7. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder hereof, but shall be confined in operation to the clause, sentence,
paragraph, section or part hereof directly involved in the controversy in which such determination
shall have been rendered.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 9
SECTION 8. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law, and shall apply to all solar energy systems constructed.
There was discussion regarding the proposed Local Law of 2022, “A Local Law Adopting
the Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville,
New York”. Attorney DelVecchio explained that most of the law was taken directly from the
sample law offered by NYSERDA. He asked if the Board had any questions regarding the
proposed local law. Hearing none, the Board proceeded with its SEQR Review of Part 2 of the
Full Environmental Assessment Form and answered “No” to all questions.
RESOLUTION #120 ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE FOR THE PROPOSED
LOCAL LAW OF 2022, “A LOCAL LAW ADOPTING THE
TOWN OF CORTLANDVILLE’S BATTERY ENERGY
STORAGE SYSTEM LAW OF THE TOWN OF
CORTLANDVILLE, NEW YORK”
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, on or about February 16, 2022, the Town Board of the Town of Cortlandville (the
“Town Board”) introduced a proposed Local Law, “A Local Law Adopting the Town of
Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New York”,
and referred it to the County Planning Board pursuant to GML §239-m, and
WHEREAS, the County Planning Board provided comments on the proposed Battery Energy
Storage System Law, which were incorporated into this version of the Battery Energy Storage
System Law, and re-introduced by the Town Board on April 6, 2022, and
WHEREAS, the Town Board is the only involved agency with respect to this action, and therefore
assumed lead agency status pursuant to 6 NYCRR 617.6(b)(1), and
WHEREAS, the Town Board as Lead Agent prepared a Full Environmental Assessment Form
(“FEAF”), and reviewed Part 2 of the FEAF, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare that the enactment of the
proposed Local Law, “A Local Law Adopting the Town of Cortlandville’s Battery Energy Storage
System Law of the Town of Cortlandville, New York”, is a Type 1 action and will not have any
significant adverse impacts on the environment, and it is further
RESOLVED, the Town Board hereby adopts a negative declaration of environmental significance
with respect to the adoption of the proposed Local Law and authorizes and directs the Supervisor
to sign Part 3 of the FEAF, and it is further
RESOLVED, the Town Attorney is hereby directed to transmit this negative declaration and
resolution for publication in the Environmental Notice Bulletin (“ENB”) as required under
SEQRA, either by email at ENB@DEC.NY.GOV or by regular mail to ENB, NYS Department of
Environmental Conservation, 624 Broadway, 4th Floor, Albany, New York 12233-1750.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 10
RESOLUTION #121 ADOPT LOCAL LAW NO. 3 OF 2022, “A LOCAL LAW
ADOPTING THE TOWN OF CORTLANDVILLE’S BATTERY
ENERGY STORAGE SYSTEM LAW OF THE TOWN OF
CORTLANDVILLE, NEW YORK”
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
ADOPTED
WHEREAS, on or about February 16, 2022, the Town Board of the Town of Cortlandville (the
“Town Board”) introduced a proposed Local Law, “A Local Law Adopting the Town of
Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New Yo rk”,
and referred it to the Cortland County Planning Board pursuant to GML §239-m, and
WHEREAS, the County Planning Board recommended approval of the proposed Local Law with
conditions, which were complied with and incorporated into the proposed Local Law, a final
version of which was re-introduced by the Town Board on April 6, 2022, and
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on the proposed Local Law,
and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof,
and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law it has been
determined by the said Town Board that adoption of said proposed Local Law would not have a
significant effect upon the environment and could be processed by their applicable governmental
agencies without further regard to SEQRA, and
WHEREAS, the Town Board has satisfied its obligation under the New York State Environmental
Quality Review Act (“SEQRA”), and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, now therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 3 of 2022, “A Local Law Adopting the Town of Cortlandville’s Battery Energy
Storage System Law of the Town of Cortlandville, New York”, a copy of which is attached hereto
and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of
this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of
the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S
BATTERY ENERGY STORAGE SYSTEM LAW
OF THE TOWN OF CORTLANDVILLE, NEW YORK
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows:
SECTION 1. TITLE.
This Local Law shall be known as the “Battery Energy Storage System Law of the Town
of Cortlandville, New York.”
APRIL 20, 2022 TOWN BOARD MEETING PAGE 11
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town Board of the
Town of Cortlandville pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law.
It is intended and hereby declared to address matters of local concern only and is intended t o act
in furtherance of the Town’s authority with respect to adopt zoning provisions that advance and
protect the health, safety and welfare of the community.
SECTION 3. PURPOSE AND INTENT.
This Battery Energy Storage System Law is adopted to advance and protect the public
health, safety, welfare, and quality of life of the Town of Cortlandville by creating regulations for
the installation and use of battery energy storage systems, with the following objectives:
1. To provide a regulatory scheme for the designation of properties suitable for the
location, construction and operation of battery energy storage systems.
2. To ensure compatible land uses in the vicinity of the areas affected by battery energy
storage systems.
3. To mitigate the impacts of battery energy storage systems on environmental resources
such as important agricultural lands, forests, wildlife and other protected resources;
and
4. To create synergy between battery energy storage system development and other stated
goals of the community pursuant to its Comprehensive Plan.
SECTION 4. DEFINITIONS.
As used in this section, the following terms shall have the meanings indicated:
ANSI: American National Standards Institute
BATTERY(IES): A single cell or a group of cells connected electrically in series, in
parallel, or a combination of both, which can charge, discharge, and store energy
electrochemically. For the purposes of this law, batteries utilized in consumer products are
excluded from these requirements.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM: An electronic system
that protects energy storage systems from operating outside their safe operating parameters and
disconnects electrical power to the energy storage system or places it in a safe condition if
potentially hazardous temperatures or other conditions are detected.
BATTERY ENERGY STORAGE SYSTEM: One or more devices, assembled, capable
of storing energy in order to supply electrical energy at a future time, not to include a stand-alone
12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a
Tier 1 or Tier 2 Battery Energy Storage System as follows:
1. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or
equal to 600kWh and, if in a room or enclosed area, consist of only a single energy
storage system technology.
2. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than
600kWh or are comprised of more than one storage battery technology in a room or
enclosed area.
CELL: The basic electrochemical unit, characterized by an anode and a cathode, used to
receive, store, and deliver electrical energy.
COMMISSIONING: A systematic process that provides documented confirmation that a
battery energy storage system functions according to the intended design criteria and complies
with applicable code requirements.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 12
DEDICATED-USE BUILDING: A building that is built for the primary intention of
housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined
in the International Building Code, and complies with the following:
1. The building’s only use is battery energy storage, energy generation, and other
electrical grid-related operations.
2. No other occupancy types are permitted in the building.
3. Occupants in the rooms and areas containing battery energy storage systems are
limited to personnel that operate, maintain, service, test, and repair the battery energy
storage system and other energy systems.
4. Administrative and support personnel are permitted in areas within the buildings that
do not contain battery energy storage system, provided the following:
a. The areas do not occupy more than 10 percent of the building area of the story
in which they are located.
b. A means of egress is provided from the administrative and support use areas to
the public way that does not require occupants to traverse through areas
containing battery energy storage systems or other energy system equipment.
ENERGY CODE: The New York State Energy Conservation Construction Code adopted
pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from
time to time.
FIRE CODE: The fire code section of the New York State Uniform Fire Prevention and
Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as
hereafter amended from time to time.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL): A U.S.
Department of Labor designation recognizing a private sector organization to perform certification
for certain products to ensure that they meet the requirements of both the construction and general
industry OSHA electrical standards.
NEC: National Electric Code.
NFPA: National Fire Protection Association.
NON-DEDICATED-USE BUILDING: All buildings that contain a battery energy
storage system and do not comply with the dedicated-use building requirements.
NON-PARTICIPATING PROPERTY: Any property that is not a participating property.
NON-PARTICIPATING RESIDENCE: Any residence located on non-participating
property.
OCCUPIED COMMUNITY BUILDING: Any building in Occupancy Group A, B, E,
I, R, as defined in the International Building Code, including but not limited to schools, colleges,
daycare facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments,
hotels, and houses of worship.
PARTICIPATING PROPERTY: A battery energy storage system host property or any
real property that is the subject of an agreement that provides for the payment of monetary
compensation to the landowner from the battery energy storage system owner (or affiliate)
regardless of whether any part of a battery energy storage system is constructed on the property.
UNIFORM CODE: the New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter
amended from time to time.
SECTION 5. APPLICABILITY.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 13
1. The requirements of this Local Law shall apply to all battery energy storage systems
permitted, installed, or modified in the Town of Cortlandville after the effective date
of this Local Law, excluding general maintenance and repair.
2. Battery energy storage systems constructed or installed prior to the effective date of
this Local Law shall not be required to meet the requirements of this Local Law.
3. Modifications to, retrofits or replacements of an existing battery energy storage system
that increase the total battery energy storage system designed discharge duration or
power rating shall be subject to this Local Law.
SECTION 6. GENERAL REQUIREMENTS.
1. A building permit and an electrical permit shall be required for installation of all
battery energy storage systems.
2. Issuance of permits and approvals by the Planning Board shall include review pursuant
to the State Environmental Quality Review Act [ECL Article 8 and its implementing
regulations at 6 NYCRR Part 617 (“SEQRA”)].
3. All battery energy storage systems, all Dedicated Use Buildings, and all other
buildings or structures that (1) contain or are otherwise associated with a battery
energy storage system and (2) subject to the Uniform Code and/or the Energy Code
shall be designed, erected, and installed in accordance with all applicable provisions
of the Uniform Code, all applicable provisions of the Energy Code, and all applicable
provisions of the codes, regulations, and industry standards as referenced in the
Uniform Code, the Energy Code, and the Town of Cortlandville Code.
SECTION 7. PERMITTING REQUIREMENTS FOR TIER 1 BATTERY ENERGY
STORAGE SYSTEMS.
Tier 1 Battery Energy Storage Systems shall be permitted in all zoning districts, subject to
the Uniform Code and the “Battery Energy Storage System Permit,” and exempt from site plan
review.
SECTION 8. PERMITTING REQUIREMENTS FOR TIER 2 BATTERY ENERGY
STORAGE SYSTEMS.
Tier 2 Battery Energy Storage Systems are permitted through the issuance of a special use
permit within the Agriculture and Industrial zoning districts and shall be subject to the Uniform
Code and the site plan application requirements set forth in this Section.
1. Applications for the installation of Tier 2 Battery Energy Storage System shall be:
a. Reviewed by the Code Enforcement/Zoning Enforcement Officer and
Planning Board for completeness. An application shall be complete when it
addresses all matters listed in this Local Law including, but not necessarily
limited to, (i) compliance with all applicable provisions of the Uniform
Code and all applicable provisions of the Energy Code and (ii) matters
relating to the proposed battery energy storage system and Floodplain,
Utility Lines and Electrical Circuitry, Signage, Lighting, Vegetation and
Tree-cutting, Noise, Decommissioning, Site Plan and Development,
Special Use and Development, Ownership Changes, Safety, and Permit
Time Frame and Abandonment. Applicants shall be advised within 10
business days of the completeness of their application or any deficiencies
that must be addressed prior to substantive review;
b. Subject to a public hearing to hear all comments for and against the
application. The Planning Board of the Town of Cortlandville shall have a
notice printed in a newspaper of general circulation in the Town of
Cortlandville at least five 5 days in advance of such hearing. Applicants
APRIL 20, 2022 TOWN BOARD MEETING PAGE 14
shall have delivered the notice by first class mail to adjoining landowners
or landowners within two hundred 200 feet of the property at least ten 10
days prior to such a hearing;
i. Referred to the County Planning Department pursuant to General
Municipal Law § 239-m if required;
ii. Upon closing of the public hearing, the Planning Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The 62-
day period may be extended upon consent by both the Planning
Board and Applicant.
2. Utility Lines and Electrical Circuitry. All on-site utility lines shall be placed
underground to the extent feasible and as permitted by the serving utility, with the
exception of the main service connection at the utility company right-of-way and any
new interconnection equipment, including without limitation any poles, with new
easements and right-of-way.
3. Signage.
a. The signage shall be in compliance with ANSI Z535 and shall include the
type of technology associated with the battery energy storage systems, any
special hazards associated, the type of suppression system installed in the
area of battery energy storage systems, and 24-hour emergency contact
information, including reach-back phone number.
b. As required by the NEC, disconnect and other emergency shutoff
information shall be clearly displayed on a light reflective surface. A clearly
visible warning sign concerning voltage shall be placed at the base of all
pad-mounted transformers and substations.
4. Lighting. Lighting of the battery energy storage systems shall be limited to that
minimally required for safety and operational purposes and shall be reasonably
shielded and downcast from abutting properties.
5. Vegetation and tree cutting. Areas within 10 feet on each side of Tier 2 Battery Energy
Storage Systems shall be cleared of combustible vegetation and other combustible
growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green
grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be
exempt provided that they do not form a means of readily transmitting fire. Removal
of trees should be minimized to the extent possible.
6. Noise. The 1-hour average noise generated from the battery energy storage systems,
components, and associated ancillary equipment shall not exceed a noise level of [60]
dBA as measured at the outside wall of any non-participating residence or occupied
community building. Applicants may submit equipment and component
manufacturers noise ratings to demonstrate compliance. The applicant may be required
to provide Operating Sound Pressure Level measurements from a reasonable number
of sampled locations at the perimeter of the battery energy storage system to
demonstrate compliance with this standard.
7. Decommissioning Plan.
a. Decommissioning Plan. The applicant shall submit a decommissioning
plan, developed in accordance with the Uniform Code, to be implemented
upon abandonment and/or in conjunction with removal from the facility.
The decommissioning plan shall include:
i. A narrative description of the activities to be accomplished,
including who will perform that activity and at what point in time,
APRIL 20, 2022 TOWN BOARD MEETING PAGE 15
for complete physical removal of all battery energy storage system
components, structures, equipment, security barriers, and
transmission lines from the site;
ii. Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations;
iii. The anticipated life of the battery energy storage system;
iv. The estimated decommissioning costs and how said estimate was
determined;
v. The method of ensuring that funds will be available for
decommissioning and restoration;
vi. The method by which the decommissioning cost will be kept
current;
vii. The manner in which the site will be restored, including a
description of how any changes to the surrounding areas and other
systems adjacent to the battery energy storage system, such as, but
not limited to, structural elements, building penetrations, means of
egress, and required fire detection suppression systems, will be
protected during decommissioning and confirmed as being
acceptable after the system is removed; and
viii. A listing of any contingencies for removing an intact operational
energy storage system from service, and for removing an energy
storage system from service that has been damaged by a fire or other
event.
ix. Decommissioning Fund. The owner and/or operator of the energy
storage system, shall continuously maintain a fund or bond payable
to Town of Cortlandville, in a form approved by the Town of
Cortlandville for the removal of the battery energy storage system,
in an amount to be determined by the Town of Cortlandville, for the
period of the life of the facility. This fund may consist of a letter of
credit from a State of New York licensed-financial institution. All
costs of the financial security shall be borne by the applicant.
8. Site plan application. For a Tier 2 Battery Energy Storage System requiring Special
Use Permit, site plan approval shall be required. Any site plan application shall include
the following information:
a. Property lines and physical features, including roads, for the project site;
b. Proposed changes to the landscape of the site, grading, vegetation clearing
and planting, exterior lighting, and screening vegetation or structures.
c. An electrical diagram detailing the battery energy storage system layout,
associated components, and electrical interconnection methods, with all
National Electrical Code compliant disconnects and over current devices.
d. A preliminary equipment specification sheet that documents the proposed
battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
e. Name, address, and contact information of proposed or potential system
installer and the owner and/or operator of the battery energy storage system.
Such information of the final system installer shall be submitted prior to the
issuance of building permit.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 16
i. Name, address, phone number, and signature of the project
Applicant, as well as all the property owners, demonstrating their
consent to the application and the use of the property for the battery
energy storage system.
ii. Zoning district designation for the parcel(s) of land comprising the
project site.
9. Commissioning Plan. Such plan shall document and verify that the system and its
associated controls and safety systems are in proper working condition per
requirements set forth in the Uniform Code. Where commissioning is required by the
Uniform Code, Battery energy storage system commissioning shall be conducted by a
New York State (NYS) Licensed Professional Engineer after the installation is
complete but prior to final inspection and approval. A corrective action plan shall be
developed for any open or continuing issues that are allowed to be continued after
commissioning. A report describing the results of the system commissioning and
including the results of the initial acceptance testing required in the Uniform Code
shall be provided to [Code Enforcement/Zoning Enforcement Officer or Reviewing
Board] prior to final inspection and approval and maintained at an approved on-site
location.
10. Fire Safety Compliance Plan. Such plan shall document and verify that the system and
its associated controls and safety systems are in compliance with the Uniform Code.
11. Operation and Maintenance Manual. Such plan shall describe continuing battery
energy storage system maintenance and property upkeep, as well as design,
construction, installation, testing and commissioning information and shall meet all
requirements set forth in the Uniform Code.
a. Erosion and sediment control and storm water management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and the Town of Cortlandville laws and regulations, if
applicable.
b. Prior to the issuance of the building permit or final approval by the
[Reviewing Board], but not required as part of the application, engineering
documents must be signed and sealed by a NYS Licensed Professional
Engineer.
12. Emergency Operations Plan. A copy of the approved Emergency Operations Plan shall
be given to the system owner, the local fire department, and local fire code official. A
permanent copy shall also be placed in an approved location to be accessible to facility
personnel, fire code officials, and emergency responders. The emergency operations
plan shall include the following information:
a. Procedures for safe shutdown, de-energizing, or isolation of equipment and
systems under emergency conditions to reduce the risk of fire, electric
shock, and personal injuries, and for safe start-up following cessation of
emergency conditions.
b. Procedures for inspection and testing of associated alarms, interlocks, and
controls.
c. Procedures to be followed in response to notifications from the Battery
Energy Storage Management System, when provided, that could signify
potentially dangerous conditions, including shutting down equipment,
summoning service and repair personnel, and providing agreed upon
notification to fire department personnel for potentially hazardous
conditions in the event of a system failure.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 17
d. Emergency procedures to be followed in case of fire, explosion, release of
liquids or vapors, damage to critical moving parts, or other potentially
dangerous conditions. Procedures can include sounding the alarm, notifying
the fire department, evacuating personnel, de-energizing equipment, and
controlling and extinguishing the fire.
e. Response considerations similar to a safety data sheet (SDS) that will
address response safety concerns and extinguishment when an SDS is not
required.
f. Procedures for dealing with battery energy storage system equipment
damaged in a fire or other emergency event, including maintaining contact
information for personnel qualified to safely remove damaged battery
energy storage system equipment from the facility.
g. Other procedures as determined necessary by the Town of Cortlandville to
provide for the safety of occupants, neighboring properties, and emergency
responders.
h. Procedures and schedules for conducting drills of these procedures and for
training local first responders on the contents of the plan and appropriate
response procedures.
i. Special Use Permit Standards.
i. Setbacks. Tier 2 Battery Energy Storage Systems shall be 100 feet
from any property line or 200 feet from any non-participating
domiciliary residence, whichever is greater.
ii. Height. Tier 2 may not exceed the permitted height of accessory
structures in the zoning district where the Energy Storage System is
to be installed or 20 feet from the ground, whichever is less.
iii. Fencing Requirements. Tier 2 Battery Energy Storage Systems,
including all mechanical equipment, shall be enclosed by a 7-foot-
high fence with a self-locking gate to prevent unauthorized access
unless housed in a dedicated-use building and not interfering with
ventilation or exhaust ports.
iv. Screening and Visibility. Tier 2 Battery Energy Storage Systems
shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms,
landscaping, or other screening methods that will harmonize with
the character of the property and surrounding area and not
interfering with ventilation or exhaust ports.
j. Ownership Changes. If the owner of the battery energy storage system
changes or the owner of the property changes, the special use permit shall
remain in effect, provided that the successor owner or operator assumes in
writing all the obligations of the special use permit, site plan approval, and
decommissioning plan. A new owner or operator of the battery energy
storage system shall notify the Code Enforcement/Zoning Enforcement
Officer of such change in ownership or operator within 30 days of the
ownership change. A new owner or operator must provide such notification
to the Code Enforcement/Zoning Enforcement Officer in writing. The
special use permit and all other local approvals for the battery energy
storage system would be void if a new owner or operator fails to provide
written notification to the Code Enforcement/Zoning Enforcement Officer
in the required timeframe. Reinstatement of a void special use permit will
be subject to the same review and approval processes for new applications
under this Local Law.
SECTION 9. SAFETY.
1. System Certification. Battery energy storage systems and equipment shall be listed by a
Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage
APRIL 20, 2022 TOWN BOARD MEETING PAGE 18
systems and Equipment) or approved equivalent, with subcomponents meeting each of the
following standards as applicable:
a. UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary
Power and Light Electric Rail Applications);
b. UL 1642 (Standard for Lithium Batteries);
c. UL 1741 or UL 62109 (Inverters and Power Converters);
d. Certified under the applicable electrical, building, and fire prevention codes
as required; and
e. Alternatively, field evaluation by an approved testing laboratory for
compliance with UL 9540 (or approved equivalent) and applicable codes,
regulations and safety standards may be used to meet system certification
requirements.
2. Site Access.
3. Battery energy storage systems shall be maintained in good working order and in
accordance with industry standards. Site access shall be maintained, including snow
removal at a level acceptable to the local fire department and, if the Tier 2 Battery Energy
Storage System is located in an ambulance district, the local ambulance corps.
4. Battery energy storage systems, components, and associated ancillary equipment shall
have required working space clearances, and electrical circuitry shall be within
weatherproof enclosures marked with the environmental rating suitable for the type of
exposure in compliance with NFPA 70.
SECTION 10. PERMIT TIME FRAME AND ABANDONMENT.
1. The Special Use Permit and site plan approval for a battery energy storage system shall be
valid for a period of 24 months, provided that a building permit is issued for construction
and construction is commenced. In the event construction is not completed in accordance
with the final site plan, as may have been amended and approved, as required by the
Planning Board, within 24 months after approval, Town of Cortlandville may extend the
time to complete construction for 180 days. If the owner and/or operator fails to perform
substantial construction after 36 months, the approvals shall expire.
2. The battery energy storage system shall be considered abandoned when it ceases to operate
consistently for more than 6 month. If the owner and/or operator fails to comply with
decommissioning upon any abandonment, Town of Cortlandville may, at its discretion,
enter the property and utilize the available bond and/or security for the removal of a Tier
2 Battery Energy Storage System and restoration of the site in accordance with the
decommissioning plan.
SECTION 11. ENFORCEMENT.
Any violation of this Battery Energy Storage System Law shall be subject to the same
enforcement requirements, including the civil and criminal penalties, provided for in the zoning
or land use regulations of Town of Cortlandville.
SECTION 12. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder hereof, but shall be confined in operation to the clause, sentence,
paragraph, section or part hereof directly involved in the controversy in which such determination
shall have been rendered.
SECTION 13. EFFECTIVE DATE.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 19
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law, and shall apply to all solar energy systems constructed.
There was discussion regarding the proposed Local Law of 2022, “A Local Law Amending
the Town of Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of
Cortlandville, New York”. Attorney DelVecchio commented that most of the concerns regarding
solar farms in the Town have to do with view shed and how the solar panels look. As a result,
there are many provisions in the proposed local law that must be followed regarding view shed
issues. There are more provisions that give the Planning Board the discretion to address those
issued and “address them in a scrutinizing fashion”. There is also a provision in the local law that
puts an obligation on the Town, for Tier 3 projects, to notify the adjacent property owners at the
outset of the project. Attorney DelVecchio explained that people were concerned that they did not
know about projects.
Attorney DelVecchio asked the Board if they had any questions about the proposed solar
ordinance itself, which they did not. The Board reviewed Part 2 of the SEQR Full Environmental
Assessment Form and answered “No” to all of the questions.
RESOLUTION #122 ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE FOR THE PROPOSED
LOCAL LAW OF 2022, “A LOCAL LAW AMENDING THE
TOWN OF CORTLANDVILLE’S ZONING CODE TO PERMIT
SOLAR ENERGY SYSTEMS IN THE TOWN OF
CORTLANDVILLE, NEW YORK”
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, on or about February 16, 2022, the Town Board of the Town of Cortlandville (the
“Town Board”) introduced a proposed Local Law, “A Local Law Amending the Town of
Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New
York”, and referred it to the County Planning Board pursuant to GML §239-m, and
WHEREAS, the County Planning Board provided comments on the proposed Solar Energy
Systems Law, which were incorporated into this version of the Solar Energy Systems Law, and re-
introduced by the Town Board on April 6, 2022, and
WHEREAS, the Town Board is the only involved agency with respect to this action, and therefore
assumed lead agency status pursuant to 6 NYCRR 617.6(b)(1), and
WHEREAS, the Town Board as Lead Agent prepared a Full Environmental Assessment Form
(“FEAF”), and reviewed Part 2 of the FEAF, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare that the enactment of the
proposed Local Law, “A Local Law Amending the Town of Cortlandville’s Zoning Code to Permit
Solar Energy Systems in the Town of Cortlandville, New York”, is a Type 1 action and will not
have any significant adverse impacts on the environment, and it is further
RESOLVED, the Town Board hereby adopts a negative declaration of environmental significance
with respect to the adoption of the proposed Local Law and authorizes and directs the Supervisor
to sign Part 3 of the FEAF, and it is further
RESOLVED, the Town Attorney is hereby directed to transmit this negative declaration and
resolution for publication in the Environmental Notice Bulletin (“ENB”) as required under
SEQRA, either by email at ENB@DEC.NY.GOV or by regular mail to ENB, NYS Department of
Environmental Conservation, 624 Broadway, 4th Floor, Albany, New York 12233-1750.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 20
RESOLUTION #123 ADOPT LOCAL LAW NO. 4 OF 2022, “A LOCAL LAW
AMENDING THE TOWN OF CORTLANDVILLE’S ZONING
CODE TO PERMIT SOLAR ENERGY SYSTEMS IN THE
TOWN OF CORTLANDVILLE, NEW YORK”
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
ADOPTED
WHEREAS, on or about February 16, 2022 the Town Board of the Town of Cortlandville (the
“Town Board”) introduced a proposed Local Law, “A Local Law Amending the Town of
Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New
York”, and referred it to the Cortland County Planning Board pursuant to GML §239-m, and
WHEREAS, the County Planning Board recommended approval of the proposed Local Law with
conditions, which were complied with and incorporated into the proposed Local Law, a final
version of which was re-introduced by the Town Board on April 6, 2022, and
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on the proposed Local Law,
and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof,
and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law it has been
determined by the said Town Board that adoption of said proposed Local Law would not have a
significant effect upon the environment and could be processed by their applicable governmental
agencies without further regard to SEQRA, and
WHEREAS, the Town Board has satisfied its obligation under the New York State Environmental
Quality Review Act (“SEQRA”), and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, now therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 4 of 2022, “A Local Law Amending the Town of Cortlandville’s Zoning Code
to Permit Solar Energy Systems in the Town of Cortlandville, New York”, a copy of which is
attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in
the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give
due notice of the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S
ZONING CODE TO PERMIT SOLAR ENERGY SYSTEMS
IN THE TOWN OF CORTLANDVILLE, NEW YORK
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows:
SECTION 1. TITLE.
This local law shall be known as “A Local Law to Amend the Zoning Code to Permit Solar
Energy Systems Within the Town of Cortlandville, New York.”
APRIL 20, 2022 TOWN BOARD MEETING PAGE 21
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town Board of the
Town of Cortlandville pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law.
It is intended and is hereby declared to address matters of local concern only and is intended to act
in furtherance of the Town’s authority with respect to existing zoning and land use laws and its
police powers, related to the planning and physical use of real property within the Town.
This Local Law is intended to replace in its entirety the provisions of the Local Law No. 2
of 2018 of Part II (General Legislation), Chapter 178 (Zoning), Section 178-123.3 (Solar Energy
Systems) of the Zoning Local Law of the Town of Cortlandville, Cortland County, New York.
SECTION 3. PURPOSE AND INTENT.
This section regulates the safe, effective and efficient use of installed solar energy systems
in order to encourage renewable energy and a sustainable lifestyle by protecting the health, safety,
and welfare of the community while minimizing the adverse impact(s) on the adjacent and
surrounding neighboring properties.
SECTION 4. DEFINITIONS.
As used in this section, the following terms shall have the meanings indicated:
Array: Any number of electrically connected photovoltaic (PV) modules providing a
single electrical output.
Building-Integrated System: A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the building -integrated system
features maintain a uniform profile or surface of vertical walls, window openings, and roofing.
Such a system is used in lieu of a separate mechanical device, replacing or substituting for an
architectural or structural component of the building or structure that appends or interrupts the
uniform surfaces of walls, window openings and roofing. A building-integrated system may occur
within vertical facades, replacing view glass, spandrel glass or other façade material; into
semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or
other building or structure envelope systems.
Building-Mounted System: A solar photovoltaic system attached to any part or type of
roof on a building or structure that has an occupancy permit on file with the Town of Cortlandville
and that is either the principal structure or an accessory structure on a recorded lot. This system
also includes any solar-based architectural elements.
Drip line: The outermost edge of a roof including eaves, overhangs and gutters and/or
solar panels.
Forest Conversion (Substantial): Substantial forest conversion shall be defined as five
acres or ten percent of the project area, whichever is greater. The project area shall be defined as
the fenced-in perimeter area plus any access roads.
Forest Fragmentation: The breaking of large, contiguous, forested areas into smaller
pieces of forest; typically these pieces are separated by roads, agriculture, utility corridors,
subdivisions, forest conversions, or other human development.
Glare: The effect by reflections of light with intensity sufficient as determined in a
commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance
and visibility in any material respects.
Ground-Mounted System: A solar photovoltaic system mounted on a structure, pole or
series of poles constructed specifically to support the photovoltaic system and not attached to any
other structure for the primary purpose of producing electricity or thermal energy for onsite or
offsite use.
Interconnection: The technical and practical link between the solar generator and the grid
providing electricity to the greater community.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 22
Kilowatt (kW): A unit of electrical power equal to 1,000 Watts, which constitutes the
basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the
rate (not the duration) at which electricity is used. 1,000 kW is equal to 1 megawatt (MW).
Lot Coverage: for the purpose of Solar Energy Systems, the Town of Cortlandville defines
Lot coverage as the area of the solar energy system that is surrounded by fencing.
Module: A module is the smallest protected assembly of interconnected PV cells.
Native Perennial Vegetation: Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include any prohibited or regulated
invasive species as determined by the New York State Department of Environmental
Conservation.
Net Metering Agreement: An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable energy systems.
Non-Participating Residence: Residences and Residential Structures on an adjacent
parcel to where a Tier 3 solar energy system is proposed or an existing Tier 3 solar energy system
is located.
Pollinator: Bees, birds, bats, and other insects or wildlife that pollinate flowering plants,
and includes both wild and managed insects.
Prime farmland: Land in active agricultural production defined as active three (3) of the
last five (5) years and is designated as “Prime Farmland” in the U. S. Department of Agriculture
Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO) Database
on Web Soil Survey, that has the best combination of physical and chemical characteristics for
producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.
Qualified Solar Installer: A person who has skills and knowledge related to the
construction and operation of solar electrical equipment and installations and has received safety
training on the hazards involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority (NYSERDA), or
who are certified as a solar installer by the North American Board of Certified Energy Practitioners
(NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.
Remote Net Metering: Allows solar photovoltaic owner generators to apply excess
generation credits from the generator system (“Host Account”) to other meters on property that is
owned or leased by the same customer and are within the same load zone as the generator
(“Satellites”).
Solar-based Architectural Element: Structural/architectural element that provides
protection from weather that includes awnings, canopies, porches or sunshades and that is
constructed with the primary covering consisting of solar PV modules, and may or may not include
additional solar PV related equipment.
Solar Photovoltaic (PV) Related Equipment: Items including a solar photovoltaic cell,
panel or array, lines, mounting brackets, framing and foundations used for or intended to be used
for collection of solar energy.
Solar collector: A photovoltaic cell, panel or array, or solar hot air or water collector
device, which relies upon solar radiation as an energy source for the generation of electricity or
transfer of stored heat.
Solar Easement: A document recorded pursuant to NYS Real Property Law 335-b, the
purpose of which is to secure the right to receive sunlight across real property of another for
continued access to sunlight necessary to operate a Solar Energy System.
Solar Energy Applicant: Any person, firm, corporation or any other entity submitting an
application to the Town of Cortlandville for a Solar Energy System.
Solar Energy Equipment: Solar collectors, controls, inverters, energy storage devices,
and other materials and hardware, associated with the production of electrical or thermal energy
from solar radiation.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 23
Solar Energy System: An electrical or thermal energy generating system composed of
Solar Collectors, Solar Thermal Systems, and/or Solar Energy Equipment. A Solar Energy System
in the Town of Cortlandville is classified as Tier 1, Tier 2, and Tier 3:
- Tier 1. Solar Energy Systems includes the following:
a. Building-Integrated Solar Energy Systems
b. Building-Mounted Solar Energy Systems
- Tier 2. Ground-Mounted Small-Scale Solar Energy Systems includes solar energy
systems up to and including 2500 square feet (measuring the equipment surface area) and
the principal purpose of which is to provide electrical power to be consumed onsite or to
provide power to be shared with other power customers (which may include both physical
and virtual aggregation).
- Tier 3. Large-Scale Solar Energy Systems:
a. A Tier 3.a. Solar Energy System is primarily for the purpose of onsite or offsite
sale of electricity consumption and is larger than 2500 square feet in size of solar
collectors (measuring the equipment surface area) per lot, and up to 10 acres
(measuring the area that is surrounded by fencing).
b. A Tier 3.b. Solar Energy System is over 10 acres in size (defined as fenced- in
area that encloses the panels and other related solar energy equipment).
Solar Panel: A photovoltaic device capable of collecting and converting solar energy into
electrical energy.
Solar Skyspace: The space between a Solar Energy System and the sun through which
solar radiation passes.
Solar Thermal System: A system in which water or other liquid is directly heated by the
sunlight. The heated liquid is then used for purposes such as space heating and cooling, domestic
hot water and the heating of swimming pools.
Tracking System: A number of photovoltaic modules mounted such that that they track
the movement of the sun across the sky to maximize energy production, either with a single-axis
or dual-axis mechanism.
Wildlife corridor: An area in the environment that functions as a passageway for the
purpose of providing connectivity between wildlife species by means of dispersal and migration
of individuals. Wildlife corridors offer the possibility of linking habitats and reducing the isolation
of wildlife populations.
SECTION 5. APPLICABILITY.
1. This Ordinance applies to all building-mounted and ground-mounted systems installed
and constructed after the effective date of the Ordinance. Solar Energy systems
constructed prior to the effective date of this Ordinance are not required to meet the
requirements of this Ordinance.
2. Any upgrade, modification or structural change that alters the size or placement of an
existing solar energy system shall comply with the provisions of this Ordinance.
3. The installation of any Solar Energy System does not carry with it a right to a clear line
of sight to the sun. It shall be the responsibility of the Applicant, installer, or developer
to gain any and all solar easements or agreements to maintain a line of sight to the sun.
4. The substantive requirements and standards for Large Solar Energy Systems (Tier 3.a.
and Tier 3.b.) set forth in this Ordinance are intended to apply to all projects with more
than 2500 square feet in area of solar collectors, including large projects subject to the
permitting authority of Section 94-c of the New York State Executive Law.
SECTION 6. PERMITTED LOCATIONS.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 24
No solar energy system or device shall be installed or operated in the Town of Cortlandville
except in compliance with this article.
1. Tier 1.a. and Tier 1.b. — Building-Integrated and Building-Mounted Solar Energy
Systems
a. Building-Integrated and Building-Mounted Solar Energy Systems are permitted
as an accessory use in all zoning districts when attached to any lawfully
permitted building or structure.
b. Building-Integrated and Building-Mounted Solar Energy Systems shall not
exceed the maximum height restrictions of the Zoning district within which they
are located and are provided the same height exemptions that apply to building-
mounted mechanical devices or equipment.
c. All Building-Integrated and Building-Mounted Solar Energy Systems shall be
exempt from the requirement for a Conditional Permit, unless such system
increases the overall height of the structure by six (6) feet or more.
d. All owners of Building-Integrated and Building-Mounted Solar Energy
Systems must file a building permit application with the Code Office, and
obtain a valid building permit, prior to starting their installation.
2. Tier 2 — Ground-Mounted Small -Scale Solar Energy Systems
a. Ground-Mounted Small-Scale Solar Energy Systems are permitted as principal
and accessory structures in all zoning districts.
b. Ground-Mounted Small-Scale Solar Energy Systems shall not be located in the
following areas, unless otherwise approved by the Planning Board in
conjunction with a Conditional Permit provided in Article XIV/Section 178.73-
77.
i. Areas of potential environmental sensitivity, such as Unique Natural
Areas, flood plains, historic sites, state-owned lands, conservation
easements, trails, park land. Freshwater wetlands should be avoided but
projects impacting regulated freshwater wetlands may be approved if
any necessary permits are issued by the New York State Department of
Environmental Conservation or the United States Army Corps of
Engineers.
ii. On slopes greater than fifteen percent (15%), unless the Solar Energy
Applicant can demonstrate, through engineering studies and to the
satisfaction of the Town, which the proposed development will cause
no adverse environmental impact that will not be satisfactorily
mitigated.
iii. Placement within the front yards of residential lots, if any above-ground
portion of the system is within 100 feet of a public highway right-of-
way.
3. Tier 3.a. — Ground-Mounted Large-Scale Solar Energy Systems—Less than 10 acres
a. Ground-Mounted Large-Scale Solar Energy Systems are permitted as principal
and accessory uses through the issuance of a Conditional Permit within
Agricultural and Industrial Zoning Districts, subject to the requirements set
forth in this section and section 7.
i. Ground-Mounted Large-Scale Solar Energy Systems that produce
electricity or thermal energy primarily for active farming or agricultural
uses, where the generation is less than one hundred and ten
percent(110%) of the farm use, shall be exempt from the requirement to
obtain a Conditional Permit.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 25
b. Ground-Mounted Large-Scale Solar Energy Systems shall not be located in
the following areas unless otherwise approved by the Town Planning Board in
conjunction with the Conditional Permit approval process.
i. Prime farmland as defined by this ordinance. The impact of up to 10%
of the affected project acreage shall be considered incidental.
ii. Areas of potential environmental sensitivity, including Unique Natural
Areas, flood plains, historic sites, state-owned lands, conservation
easements, trails, park land. Freshwater wetlands should be avoided
but projects impacting regulated freshwater wetlands may be approved
if any necessary permits are issued by the New York State Department
of Environmental Conservation or the United States Army Corps of
Engineers.
iii. On slopes greater than fifteen percent (15%), unless the Solar Energy
Applicant can demonstrate through engineering studies and to the
satisfaction of the Town that the proposed development will cause no
adverse environmental impact that will not be satisfactorily mitigated.
c. No Conditional Permit or renewal thereof or amendment of a current
Conditional Permit relating to a Ground-Mounted Large-Scale Solar Energy
System shall be granted by the Town Planning Board unless the Solar
Energy Applicant demonstrates that such Ground-Mounted Large-Scale Solar
Energy System:
i. Conforms to all federal and state laws and all applicable rules and
regulations promulgated by any federal or state agencies having
jurisdiction.
ii. Is designed and constructed in a manner which minimizes visual
impact to the extent practical.
iii. Complies with all other requirements of the Town of Cortlandville
Zoning Law.
iv. Conforms to all adopted plans of the Town of Cortlandville.
v. Complies with a fifty-foot (50) front yard, rear yard, and side yard
setback.
vi. Does not exceed twenty (20) feet in height. Utility poles for
interconnection shall not be subject to the height restriction.
vii. The lot coverage as defined by this solar ordinance shall not exceed 75
percent of the parcel size.
4. Tier 3.b. — Ground-Mounted Large-Scale Solar Energy Systems Larger than 10 acres
in size.
a. Tier 3.b. Systems are very large systems that have the potential to significantly
impact the Town of Cortlandville, its citizens and the economy of the
community.
b. Tier 3.b. Solar Energy Systems are permitted through the issuance of a
Conditional Permit within the Agricultural and Industrial Zones and are subject
to site plan review and the requirements set forth by the Planning Board. In
addition to the above Tier 3.a. requirements and provisions, Tier 3.b. systems
shall also include the requirements in Section 7 below.
SECTION 7. CONDITIONAL PERMIT DESIGN AND INSTALLATION STANDARDS.
1. Appearance and Buffering:
a. A visual impact assessment (VIA) will be required to determine the extent and
significance of Tier 3.a. and Tier 3.b. Solar Energy Systems visibility. The
APRIL 20, 2022 TOWN BOARD MEETING PAGE 26
Town Planning Board, at its discretion, may wave the requirement for the
preparation of a VIA for both a Tier 3.a. and Tier 3.b. facility. The components
of the VIA shall include identification of visually sensitive resources, viewshed
mapping, confirmatory visual assessment fieldwork, visual simulations
(photographic overlays), and a proposed Visual Impacts Minimization and
Mitigation Plan as outlined in subdivision (d) of this section. The scope of the
VIA shall be submitted to the Planning Board for its approval. The VIA shall
address the following issues:
i. The character and visual quality of the existing landscape;
ii. The visibility and appearance of the facility, including all proposed
components therein;
iii. The visibility of all above-ground interconnections and roadways to be
constructed within the facility as determined by the viewshed analysis;
iv. The proposed facility lighting (including lumens, location and direction
of lights for facility site and/or task use, and safety including worker
safety);
v. Representative views (photographic overlays) of the facility, including
relevant front, side and rear views, indicating approximate elevations;
vi. The nature and degree of visual change resulting from construction of
the facility and above-ground interconnections;
vii. The nature and degree of visual change resulting from operation of the
facility and above-ground interconnections;
viii. A description of all visual resources that would be affected by the
facility.
b. The viewshed analysis component of the VIA shall be conducted as follows:
i. Viewshed maps depicting areas of facility visibility within one (1) mile
of the facility, as well as any potential visibility from specific significant
visual resources beyond the specified study area, shall be prepared and
presented on a topographic base map, the scale of which is acceptable
to the Cortlandville Town Planning Board. For those projects that are
visible from Interstate 81, the viewshed maps shall be prepared within
two (2) miles of the facility. A line-of-sight profile shall also be done
for resources of concern, as approved by the Town Planning Board,
located within the VIA study area. The viewshed maps shall provide an
indication of areas of potential visibility based on topography and
vegetation, the highest elevation of facility structures and distance zone
(foreground, midground and background areas). The potential screening
effects of vegetation shall also be shown. Visually-sensitive sites,
cultural and historical resources, representative viewpoints, photograph
locations, and public vantage points within the view shed study area
shall be included on the map(s) or an overlay.
ii. The VIA shall include a description of the methodology used to develop
the viewshed maps, including software, baseline information, and
sources of data.
iii. The viewshed mapping shall be used to determine the potential visibility
from viewpoints to be analyzed (as indicated in the following paragraph
iv of this section) and locations of viewer groups in the vicinity of the
facility, as determined pursuant to the pre-application meeting(s) held
with the Town of Cortlandville Planning Board or its designee. These
shall include recreational areas, residential and business locations,
historic properties (listed or eligible for listing on the State or National
Register of Historic Places), and travelers (interstate and other highway
users).
APRIL 20, 2022 TOWN BOARD MEETING PAGE 27
iv. In developing the application, the applicant shall confer with the Town
Planning Board, or its designee, and where appropriate, the Office of
Parks, Recreation, and Historic Preservation (OPRHP) in its
selection of important or representative viewpoints. Viewpoint
selection is based upon the following criteria:
(a) Representative or typical views from unobstructed or direct line-
of-sight views;
(b) Level of viewer exposure (i.e., frequency of viewers or relative
numbers, including residential areas, or high-volume roadways);
(c) Proposed land uses; and
(d) Assessment of visual impacts pursuant to the requirements of
adopted local laws or ordinances.
c. Visual Contrast Evaluation.
i. Photographic simulations of the facility shall be prepared from the
representative viewpoints to demonstrate the post-construction
appearance of the facility.
ii. Additional revised simulations illustrating mitigation shall be prepared
for those observation points for which mitigation is proposed in the
application.
d. Visual Impacts Minimization and Mitigation Plan. The Visual Impacts
Minimization and Mitigation Plan shall include proposed minimization and
mitigation alternatives based on an assessment of mitigation strategies,
including screening (landscaping), architectural design, visual offsets,
relocation or rearranging facility components, reduction of facility component
profiles, alternative technologies, facility color and design, and lighting options
for work areas and safety requirements. The facility design shall incorporate the
following measures for the Visual Impacts Minimization and Mitigation Plan:
i. The electrical collection system shall be located underground, to the
extent practicable. Structures shall only be constructed overhead for
portions where necessary based on engineering, construction, or
environmental constraints;
ii. Electric collection and transmission facilities design shall specify use of
either wood poles or steel pole structures; steel poles shall be self-
weathering (such as Corten or equivalent) or other surface finish in dark
brown or green color, non-glare finish;
iii. Glare for Solar Facilities. Solar panels shall have anti-reflective coatings
and the Visual Impacts Minimization and Mitigation Plan shall include
an analysis using Sandia National Laboratories Solar Glare Hazard
Analysis Tool (SGHAT) methodology or equivalent, that solar glare
exposure at any non-participating residence, airport or public roadway
will be avoided or minimized, and will not result in complaints, impede
traffic movements or create safety hazards.
iv. Planting Plans which shall include the facility substation; energy storage
structures; and the point of interconnection (POI) Switchyard; and for
components of solar generating facilities as appropriate to facility
setting.
v. A lighting plan(s), which shall address:
(a) Security lighting needs at substation and switchyard sites, as
applicable, and any exterior equipment storage yards;
(b) Plan and profile figures to demonstrate the lighting area needs
and proposed lighting arrangement and illumination levels to
APRIL 20, 2022 TOWN BOARD MEETING PAGE 28
provide safe working conditions at the collection substation site,
and any exterior equipment storage yards or other locations;
(c) Exterior lighting design shall be limited to lighting required for
health, safety, security, emergencies and operational
purposes and shall be specified to avoid off-site lighting effects
to the greatest extent practicable.
2. Access and Parking:
a. Ground-Mounted Large-Scale Solar Energy Systems shall be enclosed by
fencing to prevent unauthorized access. Warning signs with the owner’s name
and emergency contact information shall be placed on any access point to the
system and on the perimeter of the fencing. The fencing and the system shall be
further screened by any landscaping or decorative fencing needed to avoid
adverse aesthetic impacts as approved by the Town Planning Board.
b. Motion-activated or staff-activated security lighting around the equipment area
of a Ground-Mounted Large-Scale Solar Energy System or accessory structure
entrance may be installed provided that impacts from such lighting are
minimized to the greatest extent practical. Such lighting should only be
activated when the area within the fenced perimeters has been entered.
c. A locked gate at all entrances to the fenced-in area(s) of the solar energy system
is required to obstruct entry by unauthorized vehicles.
d. Equipment and vehicles not used in direct support, renovations, additions or
repair of any Ground-Mounted Large-Scale Solar Energy System shall not be
stored or parked on the facility site.
3. Engineering and Maintenance:
a. Every Solar Energy System shall be built, operated and maintained to acceptable
industry standards, including but not limited to the most recent, applicable
standards of the Institute of Electric and Electronic Engineers (“IEEE”) and the
American National Standards Institute (“ANSI”).
b. The Town, at the expense of the Solar Energy Applicant, may employ its own
consultant(s) to examine the application and related documentation and make
recommendations as to whether the criteria for granting the Conditional Permit
have been met, including whether the Applicant’s conclusions regarding safety
analysis, visual analysis, structural inspection, and storm water management
aspects are valid and supported by generally accepted and reliable engineering
and technical data and standards. The Applicant shall tender funds in an amount
which is decided by the Town to be held in escrow by the Town. The Town
shall administer the escrow funds and pay the consultant fees according to terms
and conditions that are agreed upon by the Applicant and the Town. The
execution of an escrow agreement signed by the Applicant and the Town is
recommended.
SECTION 8. SPECIAL PROVISION.
The Town Planning Board may impose conditions on its approval of any Conditional
Permit under this section in order to enforce the standards referred to in this section or in order to
discharge its obligations under the State Environmental Quality Review Act (SEQRA).
For purposes of this subsection, consideration may be given to any relevant portions of the
current, amended and/or future Town of Cortlandville Comprehensive Plan and/or any other prior,
current, amended and/or future officially recognized Town planning document or resource.
SECTION 9. HEIGHT, SETBACK, AND SITING RESTRICTIONS.
1. Height:
a. Tier 1—Building-mounted systems shall not exceed height limitations of the
zoning district:
APRIL 20, 2022 TOWN BOARD MEETING PAGE 29
i. System installed on a pitched roof that faces the front yard of a property,
the system must be installed at the same angle as the roof on which it is
installed with a maximum distance, measured perpendicular to the roof,
of eighteen (18) inches between the roof and edge or surface of the
system.
ii. System installed on a sloped roof, the highest point of the system shall
not exceed the highest point of the roof to which it is attached.
iii. System installed on a flat roof, the highest point of the system shall be
permitted to extend up to six (6) feet above the roof to which it is
attached.
b. Tier 2, Tier 3.a and Tier 3.b ground-mounted systems may not exceed the
permitted height of accessory structures in the zoning district where the solar
energy system is to be installed or an average of 20 feet from the ground,
whichever is less. This height restriction does not apply to any substation(s) or
utility pole(s).
2. Setback:
a. Setback for Tier 2 Ground-mounted Systems as a primary use or accessory use
are subject to setback requirements in the zoning district in which the system is
to be constructed.
b. Setback for Tier 3 ground-mounted systems as a primary use shall be 100 feet
from any property line or 200 feet from any non-participating domiciliary
residence, whichever is greater.
c. The required setbacks are measured from the Property line to the nearest part
of the system (except that the 200-foot setback from any non-participating
domiciliary residence shall be measured from the domiciliary residence to the
nearest physical part of the system). Fencing shall generally be considered to
be the closet part of the solar energy system. No part of the ground-mounted
system shall extend into the required setbacks due to a tracking system or other
adjustment of solar energy-related equipment or parts.
d. Access roads, utility poles, and underground equipment are exempt from
setback requirements. Storm water management facilities are also exempt from
setback requirements.
e. Setback requirements shall not apply to common interior property lines where
two adjacent properties are part of the same project and controlled by the project
sponsor.
3. Siting:
a. Previously cleared or disturbed areas are preferred locations for Solar Panel
Arrays.
b. Layout and Orientation: Tier 3 solar energy systems should be designed in a
manner that minimizes clearing and grading. The orientation and layout of solar
panel arrays shall follow the natural contours of the landscape.
c. Cut and fill shall be avoided to the maximum extent possible. Vehicular paths
within the site shall be designed to minimize the extent of impervious materials
and soil compaction.
d. Avoidance of Steep Slopes: Wooded slopes and steep slopes are part of the
natural resources that define Cortlandville's character and attractiveness. Those
resources should be protected from permanent alteration by minimizing
clearing and development on steep slopes exceeding 15% for Tier 3 solar
energy systems.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 30
e. Trees and forests—forests provide numerous benefits to the people of New
York State including wildlife habitat, carbon sequestration, water quality
protection, flood prevention and the production of timber products to name a
few. Substantial forest conversions should generally be avoided, but there are
situations when a project might be able to justify a substantial forest conversion;
for example, even-aged planted plantations that provide little biodiversity.
Forest conversions that result in forest fragmentation or the disruption of
wildlife corridors is prohibited. Any application for a Tier 3 Large-Scale solar
energy system approval that includes or requires tree cutting/substantial forest
conversion must include a description/assessment of the benefits of the trees or
forest to be cut and the environmental impacts of that tree cutting/forest
conversion. Such assessment shall also include an analysis of alternatives and
mitigation measures to minimize impacts.
f. Native Vegetation. Tier 3 Solar Energy System owners shall develop,
implement, and maintain vegetation native to the State of New York to the
extent practicable pursuant to a vegetation management plan by providing
native perennial vegetation and foraging habitat beneficial to game birds,
songbirds, and pollinators. To the extent practicable, when establishing
perennial vegetation and beneficial foraging habitat, the owners shall use native
plant species and seed mixes. Vegetation shall be maintained below solar
panels. It is encouraged that the ground within the fenced perimeter shall not be
tamped, compressed, or otherwise conditioned to inhibit the growth of natural
vegetation.
SECTION 10. NON-CONFORMANCE.
1. Tier 1—Building-mounted systems:
a. If a building-mounted system is to be installed on any building or structure that
is non-conforming because its height violates the height restrictions of the
zoning district in which it is located, the building-mounted system shall be
permitted, so long as the building-mounted system does not extend above the
peak or highest point of the roof to which it is mounted and so long as it
complies with the other provisions of this Ordinance.
b. If a building-mounted system is to be installed on a building or structure on a
non-conforming property that does not meet the minimum setbacks required
and/or exceeds the lot coverage limits for the zoning district in which it is
located, a building-mounted system shall be permitted, so long as there is no
expansion of any setback or lot coverage non-conformity and so long as it
complies with the other provisions of this Ordinance.
2. Tier 2 and Tier 3—Ground-mounted systems:
a. If a ground-mounted system is to be installed on a property containing a
structure that is non-conforming because the required minimum setbacks are
exceeded, the proposed system shall be permitted so long as the system does
not encroach into the established setback for the property.
b. If a ground-mounted system is to be installed on a property that is non-
conforming because it violates zoning district requirements other than setbacks,
then a Conditional Permit must be obtained for the proposed installation.
SECTION 11. SIGNAGE AND/OR GRAPHIC CONTENT.
1. No signage or graphic content may be displayed on the solar PV system except the
manufacturer’s badge, safety information and equipment specification information.
Said information shall be depicted within an area no more than thirty-six (36) square
inches in size.
2. Disconnect and other emergency shutoff information will be clearly displayed on a
light reflective surface.
3. 24-hour emergency contact information will be clearly displayed.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 31
4. Systems and sites may not be used for displaying advertising except for reasonable
identification of the owner/operator and shall comply with all signage restrictions.
SECTION 12. PUBLIC NOTICING REQUIREMENTS.
In addition to the Town of Cortlandville’s other public noticing requirements, adjoining
property owners to all Tier 3(b) projects shall be provided notice of the Town of Cortlandville’s
receipt of such an application.
SECTION 13. RIGHT OF INSPECTION.
1. In order to verify that the Solar Energy System’s owners, and any and all lessees,
renters, and/or operators of the Solar Energy System, place, construct, modify, and
maintain such Systems, including solar collectors and solar inverters, in accordance
with all applicable technical, safety, fire, building and zoning codes, laws, ordinances
and regulations and other applicable requirements, the Town may inspect all facets of
said System’s placement, construction, modification and maintenance.
2. Any inspections required by the Code Office that are beyond its scope or ability shall
be at the expense of the Solar Energy Applicant.
SECTION 14. DECOMMISSIONING (INCLUDING FINANCIAL SECURITY) AND
ABANDONMENT.
1. Decommissioning Plan—Ground-Mounted Large-Scale Solar Energy System
At the time of submittal of the application for a Conditional Permit for a Ground-Mounted
Large-Scale Solar Energy System, the Solar Energy Applicant shall submit and agree to
the performance of a decommissioning plan that includes the removal of the Solar Energy
System and all associated equipment, driveways, structures, buildings, equipment sheds,
lighting, utilities, fencing, and gates. Upon removal of a Ground-Mounted Large-Scale
Solar Energy System, the land shall be restored to its previous condition, including but not
limited to the seeding and sodding, as appropriate depending upon the season of the work,
of exposed soils.
2. Financial Security
At the time of obtaining a building permit, the Solar Energy Applicant may be required to
provide a financial security bond or other form of financial security acceptable to the Town
for removal of the Ground-Mounted Large-Scale Solar Energy System and property
restoration, with the Town of Cortlandville as the obligee, in an amount approved by the
Town Planning Board (the amount to restore the site to its pre-construction or negotiated
condition). Upon any amendment of the Conditional Permit, the Town Planning Board may
adjust the required amount of the financial security bond to adequately cover increases in
the cost of removal of the Ground-Mounted Large-Scale Solar Energy System and property
restoration. In addition, the Solar Energy Applicant shall have the amount of financial
security updated at 5-year intervals.
3. Abandonment/Decommissioning
a. Abandonment - Ground-Mounted Large-Scale Solar Energy System - If such
System ceases to perform its originally intended function for more than twelve
(12) consecutive months, the Town may require its removal in accordance with
the decommissioning plan. In the event a permitted solar energy system is
considered to be abandoned, the Town Board shall provide the project sponsor
an opportunity to explain the abandonment and may grant, as appropriate,
without limitation, the project sponsor time to restore the solar energy system
to operational status as it deems appropriate. If the Ground -Mounted Large-
Scale Solar Energy System is not decommissioned after being considered
abandoned, the Town may call in the financial security bond that the project
sponsor has provided for this purpose and have the system removed and the
property restored.
b. Abandonment - All other Solar Energy Systems shall be considered abandoned
after twelve (12) consecutive months without electrical energy or thermal
energy generation and must be removed from the property. In the event a
APRIL 20, 2022 TOWN BOARD MEETING PAGE 32
permitted solar energy system is considered to be abandoned, the Town
Planning Board shall provide the project sponsor an opportunity to explain the
abandonment and may grant, as appropriate, without limitation, the project
sponsor time to restore the solar energy system to operational status as it deems
appropriate. If the solar energy system is not decommissioned after being
considered abandoned, the Town may remove the system and restore the
property and impose a lien on the property to recover the cost to the Town.
c. Decommissioning - At the time of decommissioning, whether as the result of
abandonment or at the end of the solar energy system’s useful life, the Town
Planning Board may allow certain infrastructure, such as culverts, access roads,
and fencing, to remain in place at the request of the current landowner and with
the concurrence of the solar energy system owner responsible for
decommissioning.
SECTION 15. PERMIT REQUIREMENTS.
Before any construction or installation on any solar PV system shall commence, a building
permit issued by town of Cortlandville shall be obtained to document compliance with this
Ordinance.
SECTION 16. BATTERY ENERGY STORAGE SYSTEMS.
For the installation and use of battery energy storage systems, see Local Law Adopting the
Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New
York.
SECTION 17. PAYMENT IN LIEU OF TAXES (PILOT).
For reduced costs to system developers and energy consumers, and an alternate revenue
stream to the community, see Local Law Adopting the Town of Cortlandville’s Solar Energy
System PILOT Law of the Town of Cortlandville, New York.
SECTION 18. STATE ENVIRONMENTAL QUALITY REVIEW ACT.
This Local Law is classified a Type I action pursuant to 6 NYCRR § 617.4 (b) (2) under
the State Environmental Quality Review Act.
SECTION 19. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder hereof, but shall be confined in operation to the clause, sentence,
paragraph, section or part hereof directly involved in the controversy in which such determination
shall have been rendered.
SECTION 20. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law, and shall apply to all solar energy systems constructed.
Under new business, County Legislator, Eugene Waldbauer provided an update regarding
matters before the County Legislature. He discussed the redistricting of County Legislators and
an updated district map; the potential increase in pay for County employees; pay for County
Legislators; the 14.4% increase in County sales tax revenue; and the end to the NYS sales tax
diversion program that will help the towns.
Under new business, Town Clerk Rocco-Petrella reminded the Board and those in
attendance that nominations for the Town Hall of Fame must be submitted to her in writing by
April 30, 2022.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 33
Attorney DelVecchio reported:
Extension of Solar Moratorium:
Attorney DelVecchio apprised the Board that the Moratorium on the installations of
ground-mounted large scale energy solar systems (Local Law No. 1 of 2021) expired on April 14,
2022. Although the Board adopted a new Solar Law this evening, (Local Law No. 4 of 2022), it
would not be effective until filed with the Secretary of State. As such, he suggested the Board
authorize the extension of the Moratorium, retroactive to April 14, 2022, until the new Solar Law
is filed with the Secretary of State.
RESOLUTION #124 AUTHORIZE EXTENSION OF LOCAL LAW NO. 1 OF 2021,
“MORATORIUM OF INSTALLATIONS OF GROUND-
MOUNTED LARGE SCALE ENERGY SOLAR SYSTEMS”
IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, on April 7, 2021 the Town Board of the Town of Cortlandville adopted Local Law
No. 1 of 2021 imposing a “Moratorium of Installations of Ground-Mounted Large Scale Energy
Solar Systems” in the Town of Cortlandville, and
WHEREAS, said Local Law was filed with the New York State Department of State effective
April 14, 2021, and
WHEREAS, per Section 4(A) of the Local Law, the “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”, and
WHEREAS, per Town Board Resolution #274 of 2021, adopted September 15, 2021, the Town
Board authorized an extension of the moratorium for six (6) months from October 14, 2021 until
April 14, 2022, unless the Town Board adopts a resolution either extending it or ending it, and
WHEREAS, the Solar Committee completed its review and recommendations for amendments to
the Solar Law, the Town and County Planning Boards have reviewed the proposed amendments,
a public hearing has been held, and a local law amending the Town’s Solar Law was adopted by
Town Board on April 20, 2022, and
WHEREAS, the Town Board of the Town of Cortlandville finds that an extension of the
moratorium is warranted to allow time for Local Law No. 4 of 2022, “A Local Law Amending the
Town of Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of
Cortlandville, New York”, adopted April 20, 2022, to be filed with the Secretary of State as
required, therefore
BE IT RESOLVED, the Town Board does hereby authorize an extension to Local Law No. 1 of
2021, “Moratorium of Installations of Ground-Mounted Large Scale Energy Solar Systems” until
such time as receiving notification that Local Law No. 4 of 2022 has been filed with the Secretary
of State, and it is further
RESOLVED, this Resolution shall be retroactive to April 14, 2022.
Town Board Member Reports:
Councilman Cobb recalled that at the last Town Board Meeting he discussed the proposal
from Solar Simplified for Community Solar program for the Town of Cortlandville. Since the last
meeting, he spoke with representatives from the Town of Lancaster, which is enrolled in the
program. He explained that over 8700 residents and businesses in Lancaster are enrolled in the
program and saved over $75,000 on their energy bills in 2021; the Town of Lancaster saved over
$4,500 on the enrolled municipal energy accounts in 2021. In addition, the Town of Lancaster
received over $45,000 in civic contributions. Community Solar program “guarantees a 10%
savings on all received solar credits”.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 34
If the Town is interested, the next steps for the Municipality Program would be for the
Town to approve the Program, sign an agreement between the Town and Solar Simplified; Solar
Simplified would send a mailer to all residents and businesses within the Town at their expense;
residents and businesses that choose to participate enroll in the program and start seeing savings
on their utility bills; the Town receives $50 in civic contributions per enrolled account within the
Town.
Attorney DelVecchio suggested that before the Town proceed that he review the contract
and information submitted by Solar Simplified. The Board could discuss the Program after his
review.
RESOLUTION #125 AUTHORIZE TOWN ATTORNEY TO REVIEW THE
PROPOSAL AND AGREEMENT FROM SOLAR SIMPLIFIED
FOR A MUNICIPALITY PROGRAM FOR COMMUNITY
SOLAR FOR THE TOWN OF CORTLANDVILLE
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to
review the proposal from Solar Simplified for a Municipality Program for Community Solar for
the Town of Cortlandville and the residents and businesses within the Town.
Councilman Cobb asked for an update regarding the LED Streetlight Project. Highway
Sup’t. Drach explained that some of the materials are on backorder; the materials were supposed
to arrive this week.
Councilman Leach commended Highway Sup’t. Drach and his crew for their excellent
work during the April 19, 2022 snowstorm.
Councilman Leach reported that he and Supervisor Williams met with Spectrum at the
Gutchess Lumber Sports Complex last week regarding bringing Wi-Fi to the Park. Spectrum can
provide temporary Wi-Fi for this summer season. He added that Spectrum was excited about the
Park and its future.
Councilman Donlick apprised the Board he received a request from residents of Cosmos
Hill Road to install Town sewer due to aging and failing septic systems. The Board briefly
discussed the possibility of installing sewer and suggested that a cost-benefit analysis be done.
Supervisor Williams would ask Water & Sewer Sup’t. Congdon to look into the project with CHA.
Supervisor Williams mentioned that an Executive Session would be held at the end of the
meeting to discuss personnel and contracts.
At this time in the meeting, the Board proceeded with the agenda items.
RESOLUTION #126 AUTHORIZE SUPERVISOR TO SIGN THE REQUEST FOR
RELEASE OF FUNDS AND CERTIFICATION REGARDING
THE 2021 NYS COMMUNITY DEVELOPMENT BLOCK
GRANT TOWN-WIDE HOUSING REHABILITATION
PROGRAM (CDBG #287HR317-21)
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Request for Release of Funds and Certification regarding the 2021 NYS Community Development
Block Grant Town-wide Housing Rehabilitation Program (CDBG #281HR317-21).
APRIL 20, 2022 TOWN BOARD MEETING PAGE 35
RESOLUTION #127 A PROCLAMATION OF THE TOWN BOARD OF THE TOWN
OF CORTLANDVILLE DECLARING APRIL 29, 2022 AS
YWCA STAND AGAINST RACISM DAY AND DECLARING
APRIL 25-30, 2022 AS YWCA STAND AGAINST RACISM
WEEK
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, all residents regardless of race, creed, or ethnicity deserve to be treated with dignity,
respect, compassion, and justice; and
WHEREAS, Town of Cortlandville residents value initiatives that will end race-based disparities
and make the world a more equitable, inclusive, and dignified place for all to live; and
WHEREAS, the elimination of racism can be achieved only with the participation of all residents
in dialogue, reflection, and action; and
WHEREAS, the Town of Cortlandville supports YWCA in its praiseworthy mission to eliminate
racism, empower women, stand up for social injustice, help families, and strengthen communities;
and
WHEREAS, the Cortlandville Town Board proudly supports YWCA Cortland in celebration of
Stand Against Racism, a signature campaign of YWCA USA to build community among those
who work for racial justice and to raise awareness about the negative impact of institutional and
structural racism in our communities; therefore
BE IT RESOLVED, that the Cortlandville Town Board hereby declares April 29, 2022 as YWCA
Stand Against Racism Day and encourages residents, local businesses, educators, and community
and faith-based organizations to celebrate diversity and advocate for the elimination of racism by
taking the pledge to stand against racism at CortlandYWCA.org; and
BE IT FURTHER RESOLVED, that April 25-30, 2022 is declared as YWCA Stand Against
Racism Week.
With regard to agenda item I-7, “Resolution to authorize Supervisor to sign the ‘First
Amendment to Management Agreement’ between the Town of Cortlandville and PBR
Tournaments NY, LLC”, Attorney DelVecchio asked the Board to hold off on any action until
after Executive Session.
RESOLUTION #128 RESOLUTION TO ESTABLISH “TOWN ARPA FUNDS
DESIGNATED FOR NOT-FOR-PROFIT ORGANIZATIONS”
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the establishment of “Town ARPA
Funds Designated for Not-For-Profit Organizations” in which the Town will set aside $50,000 of
received APRA Funds to be distributed to qualified organizations in an amount not to exceed
$5,000 per organization, identifying a specific project that will benefit the citizens of the Town of
Cortlandville, and it is further
RESOLVED, applications for funding are available at the Town of Cortlandville Supervisor’s
Office, and must be submitted to that Office by Monday, May 2, 2022.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 36
RESOLUTION #129 ACKNOWLEDGE APPOINTMENT OF DANIEL J. HEAD AS
THE DEPUTY HIGHWAY SUPERINTENDENT / HEAVY
EQUIPMENT OPERATOR FOR THE TOWN OF
CORTLANDVILLE, EFFECTIVE APRIL 25, 2022
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, due to the resignation of Michael L. Dimorier, a vacancy occurred in the office of the
Deputy Highway Superintendent, and
WHEREAS, Highway Superintendent, Larry J. Drach has appointed Daniel J. Head of 1520
Congdon Lane, Cortland, New York to the position of Deputy Highway Superintendent/Heavy
Equipment Operator (H.E.O.) for the Town of Cortlandville, to be effective April 25, 2022,
therefore
BE IT RESOLVED, the appointment of Daniel J. Head as Deputy Highway Superintendent/H.E.O.
is hereby acknowledged, and it is further
RESOLVED, the Town Board hereby authorizes a salary of $74,455.50, pro-rated, for the Deputy
Highway Superintendent position.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the
Cortland County Planning Department Review and Recommendations, dated April 15, 2022,
regarding the Aquifer Protection Permit application submitted by Ray Energy Corp. to construct a
propane & bio-propane storage and wholesale distribution, for property located at 3893 Route 11
in the Town of Cortlandville, tax map #87.00-04-10.000. All voting aye, the motion was carried.
RESOLUTION #130 AUTHORIZE SUPERVISOR TO SIGN A THIRTY-SIX (36)
MONTH RENEWAL CONTRACT BETWEEN WINDSTREAM
AND THE TOWN OF CORTLANDVILLE REGARDING THE
TOWN’S LANDLINE TELEPHONES
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does her eby authorize and direct the Supervisor to sign a
thirty-six (36) month renewal contract between Windstream and the Town of Cortlandville
regarding the Town’s landline telephones, and it is further
RESOLVED, the Town’s rates shall remain the same and the Town shall receive a credit in the
amount of $2,897.13.
Councilman Cobb made a motion, seconded by Councilman Leach to recess the Regular
Meeting to an Executive Session to discuss personnel and contracts. All voting aye, the motion
was carried.
The meeting was recessed at 6:18 p.m.
Councilman Leach made a motion, seconded by Councilman Cobb, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried.
The Executive Session was adjourned at 7:20 p.m.
Members of the public were invited to return to the meeting at this time.
APRIL 20, 2022 TOWN BOARD MEETING PAGE 37
RESOLUTION #131 AUTHORIZE SUPERVISOR TO SIGN THE “FIRST
AMENDMENT TO MANAGEMENT AGREEMENT”
BETWEEN PBR TOURNAMENTS NY, LLC (PBRT) AND THE
TOWN OF CORTLANDVILLE REGARDING THE GUTCHESS
LUMBER SPORTS COMPLEX
Motion by Councilman Leach
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, PBR Tournaments NY, LLC (PBRT) and the Town of Cortlandville entered into a
Management Agreement dated August 1, 2021 regarding the Gutchess Lumber Sports Complex
located at 3111 Byrne Hollow Crossing, tax map #105.00-04-02.200, and
WHEREAS, PBRT and the Town desire to amend the Agreement as set forth in the First
Amendment to Management Agreement, amending Section 1.0(a); Section 3.07; and Exhibit D,
therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
First Amendment to Management Agreement between PBRT and the Town of Cortlandville.
Next, Supervisor Williams explained there was a proposal that the Attorney will outline
dealing with a COOP Agreement for the purchase of turf for the two new ball fields at the Gutchess
Lumber Sports Complex (GLSC).
Attorney DelVecchio stated that given the fact the Board just entered into a new
amendment stipulation for turf on both ball fields, he explained he had communications with a
company in Johnson City, Chenango Contracting Inc., who provided a “COOP Pricing Proposal”,
dated April 13, 2022. Chenango Contracting Inc. was provided with the dimensions for both fields.
Attorney DelVecchio asked for a motion to enter into the COOP Pricing Proposal, which entails
that DoublePlay Turf is the manufacturing company of the actual turf that will be installed. The
total price for both infields will be $265,398.27; and $284,997.31 for each outfield. The total cost,
including the installation of the turf, will be $837,568.41.
RESOLUTION #132 AUTHORIZE SUPERVISOR TO ENTER INTO THE “COOP
PRICING PROPOSAL” WITH CHENANGO CONTRACTING,
INC. FOR TWO (2) NEW BALL FIELDS AND INSTALLATION
THEREOF AT THE GUTCHESS LUMBER SPORTS COMPLEX
Motion by Councilman Donlick
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to enter into
the “COOP Pricing Proposal” dated April 13, 2022, with Chenango Contracting, Inc. to purchase
turf (DoublePlay Natural) for two (2) new ball fields, and the installation thereof, at the Gutchess
Lumber Sports Complex, for the total cost of $837,568.41.
Supervisor Williams requested a motion authorizing the six-month rental of an office trailer
for the Gutchess Lumber Sports Complex and the Town’s Recreation Director from Versatile
Office Trailers in the amount of $6,142.00.
RESOLUTION # 133 AUTHORIZE THE SIX-MONTH RENTAL OF AN OFFICE
TRAILER FOR THE GUTCHESS LUMBER SPORTS
COMPLEX FROM VERSATILE OFFICE TRAILERS
Motion by Councilman Donlick
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
APRIL 20, 2022 TOWN BOARD MEETING PAGE 38
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to rent an
office trailer from Versatile Office Trailers for six-months to be used at the Gutchess Lumber
Sports Complex for the total cost of $6,142.00.
The last item to be discussed was an agreement between the Town of Cortlandville and
Cardinale and DelVecchio, PLLC to provide additional legal services to the Town, ranging from
clerical services to legal research at the direction of the Town Attorney or Supervisor. The Town
will pay a monthly fee of $3,300.00 to the firm in exchange for the services. Supervisor Williams
explained that the agreement could be cancelled at any time by the Town. Councilman Cobb
mentioned that the Town budgeted for the expense in the 2022 Budget.
RESOLUTION #134 AUTHORIZE SUPERVISOR TO SIGN THE LEGAL SERVICES
AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE
AND CARDINALE & DELVECCHIO LAW FIRM, PLLC TO
PROVIDE ADDITIONAL LEGAL SERVICES TO THE TOWN
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
agreement between the Town of Cortlandville and Cardinale & DelVecchio Law Firm, PLLC to
provide additional legal services to the Town, for the monthly fee of $3,300.00.
No further comments or discussion were heard.
Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the Regular
Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:26 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 May 1, 2022.
The final version of this meeting was approved as written at the Town Board meeting of May 4, 2022.