HomeMy WebLinkAbout2020-01-22 Town Board Minutes
JANUARY 22, 2020 5:00 PM
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
DG NEW YORK CS, LLC, APPLICANT
DOUGLAS J. CHRISTOFFERSON, OWNER OF RECORD
RILEY ROAD
TAX MAP #87.00-01-08.100
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection Permit submitted by DG New York CS, LLC for
property owned by Doug J. Christofferson, to permit the construction of a five megawatt ground
mounted large scale solar energy system encompassing approximately 36.6+/- acres, located at the
end of Riley Road, tax map #87.00-01-08.100.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Janet Ward representing DG
New York CS, LLC; Town Residents: Jean Williams; Judith Testa; Pamela Jenkins; and Robert
Martin.
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.
Janet Ward, representing DG New York CS, LLC and Next Era Energy apprised the Board
she had one presentation prepared for the Board with regard to the two Aquifer Protection Permits
for property owned by Joanne Condron and Douglas Christofferson, which she referred to as
Cortlandville 1 and Cortlandville 3. She asked the Board if she could present on both projects or if
they only wanted her to discuss the property located off of Riley Road at this time.
Without objection from the Board or those in attendance, Attorney DelVecchio suggested
that the second public hearing notice be read before allowing Ms. Ward to proceed. The first public
hearing was closed, with the understanding that comments could be made on both projects during
the second public hearing.
No further comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
JANUARY 22, 2020 5:05 PM
PUBLIC HEARING NO. 2
AQUIFER PROTECTION PERMIT
DG NEW YORK CS, LLC, APPLICANT
JOANNE CONDRON, OWNER OF RECORD
EAST RIVER ROAD
TAX MAP #87.00-03-02.110
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection Permit submitted by DG New York CS, LLC for
property owned by Joanne Condron, to permit the construction of a five megawatt ground
mounted large scale solar energy system encompassing approximately 31.27+/- acres, located on
the east side of East River Road and the north side of Riley Road, tax map #87.00-03-02.110.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Janet Ward representing DG
New York CS, LLC; Town Residents: Jean Williams; Judith Testa; Pamela Jenkins; and Robert
Martin.
Supervisor Williams called the Public Hearing to order. (**Note: Refer to Public Hearing
No. 1 held prior to this public hearing.)
Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice.
Supervisor Williams offered privilege of the floor to Janet Ward.
Janet Ward, representing DG New York CS, LLC, presented on the two, five megawatt
ground mounted large scale solar energy system project applications for property located on East
River Road, owned by Joanne Condron (Cortlandville 1), and for property located off of Riley
Road, owned by Douglas Christofferson (Cortlandville 3).
Ms. Ward explained that DG New York CS, LLC is an independent, wholly owned
subsidiary of NextEra Energy Resources, LLC, and explained the credentials of the company which
she said is the “world leader” in electricity generated from the wind and sun.
DG New York CS, LLC was requesting two Aquifer Protection Permits to construct and
operate two 5 MW community solar projects including a 5 MW Energy Storage facility in the Town
of Cortlandville. The first application was the Cortlandville 1 Solar and Energy Storage Project for
property owned by Joanne Condron located on the corner of East River Road and Riley Road. Ms.
Ward explained that 32 of the 129.7-acre parcel would be utilized. The current use of the property
was for row crops and hay.
Ms. Ward explained the project details for Cortlandville 1, which included the following:
- Access from Riley Road and East River Road;
- Panels to be mounted on a single-axis tracking system;
- Panel height between 8’-10’;
- Project will contain:
o inverters mounted on concrete pads; potential battery storage area located near
transformers;
o interconnection infrastructure – National Grid 13.2kV distribution line located on parcel;
o 7-foot high security fence;
- Solar area will be fully planted with low growth – shade tolerant grasses;
- Panel setback from property line 50-feet;
- Closest residence – 100 feet.
- Site Studies completed:
o Town Highway Department approved the driveway located on Riley Road; County
Highway Department approval in process for driveway location on East River Road;
o NYS DEC – no species affected by project;
o Glare Study completed - no glare impact.
- Site Studies to be completed prior to building permit:
JANUARY 22, 2020 PUBLIC HEARING NO. 2 PAGE 2
o US Army Corps of Engineers consultation in process;
o NYS SHPO consultation in process;
o Cortland County Highway Department – East River Road driveway review in process.
Ms. Ward explained that the second Aquifer Protection Permit application was the
Cortlandville 3 Solar Project for property owned by Douglas Christofferson (Cortlandville 3)
located off of Riley Road. Ms. Ward explained that 36 of the 163.8-acre parcel would be utilized.
She explained the project details for Cortlandville 3, which included the following:
- Access from Carr Hill Road with an impervious surface shared access road (property owner
leases property for farming);
- Panels will be mounted on a single-axis tracking system;
- Panel height will max out at 10’
- Project will also contain:
o Inverters mounted on concrete pads;
o Potential battery storage area located near transformers;
o Interconnection infrastructure – National Grid 34.5kV distribution line located on
parcel;
o 7-foot high security fence;
- Solar area will be fully planted with low growth – shade tolerant grasses;
- Panel setback from property line 50 feet;
- Closest residence +1000 feet – Carr Hill Road.
- Site Studies completed:
o Town Highway Department approved the driveway located on Carr Hill Road; County
Highway Department approval in process for driveway location on East River Road;
o NYS DEC – no species affected by project;
o Glare Study completed - no glare impact.
- Site Studies to be completed prior to building permit:
o Cortland County Soil and Water Conservation District review of Stormwater Pollution
Prevention Plan in process;
o US Army Corps of Engineers visited the site and reviewed the design.
Ms. Ward explained the Battery Storage details for the project and referred to a photo of a
typical energy storage container. The battery storage enclosure would be 30’x12’ and the inverter
and transformer pad would be 10’x25’.
Ms. Ward apprised the Board that the projects would create local job opportunities and
discussed the regular operation and maintenance of the property. She also discussed the energy goal
initiatives set by the state.
Councilman Withey asked Ms. Ward what her company does for vegetation control. Ms.
Ward stated that there would be a landscaping/mowing contract to keep the vegetation below the
level of the motors and would be clear around the fence. She explained that a local company is
typically hired for mowing.
Councilman Testa asked where the applicant had completed other projects. Ms. Ward
explained that projects were complete in Selkirk and Perth, New York.
Councilman Testa was concerned about the neighboring properties and asked how close the
nearest houses were to each project. He questioned whether the neighbors were well aware of the
projects. Ms. Ward explained that the closest house to Cortlandville 1 site was 100 feet, however
there was vegetation and trees behind the house. The closest house to the Cortlandville 3 site off
Riley Road was 1000 feet, located on Carr Hill Road. Councilman Testa asked whether the
neighbors were aware of the projects. Ms. Ward indicated that her company did not reach out to the
neighbors, however she aware that one of the property owners reached out to the neighbor.
Supervisor Williams offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins stated that the applicant was undeniably a good company.
She stated that she has learned a lot by attending the presentations. She mentioned that the County
Planning Board had concerns for the slopes and wetlands on the site and hoped the Town Board was
aware of the comments. Considering the fact that the Cortland County Soil and Water Conservation
District had not completed its reports, and since one of the sites is located off of East River Road
with slopes and wetlands, she stated she did not think the Board could take action on the Aquifer
Protection Permits until after they received such report.
No further comments or discussion were heard.
The Public Hearing was closed at 5:26 p.m.
JANUARY 22, 2020 5:26 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Williams presiding.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; Janet Ward representing DG
New York CS, LLC; Town Residents: Jean Williams; Judith Testa; Pamela Jenkins; and Robert
Martin.
Supervisor Williams called the meeting to order and moved to agenda item I-2.
Attorney DelVecchio reported:
Proposed Local Law of 2020 – Amendment to Zoning Law – Election Signs:
Attorney DelVecchio reported that as directed at the last Town Board meeting, he
prepared a proposed Local Law amendment to Chapter 178, Article XVIII, Section 178-112 A(4)
and A(5) of the Zoning Code of the Town as it relates to temporary signs and elections, by
adding a sentence to each of the subsections as follows: For purposes of this section, “election”
shall mean the earliest date by which a vote total can be tabulated exclusive of absentee ballots.
Attorney DelVecchio explained that there was a question about when the 45-day period
of time started for placement of candidacy signs prior to an election. Adding language to the
Code to define the word “election” could eliminate ambiguities and rectify the situation.
There was discussion amongst the Board about the process to amend the local law, the
controversy surrounding the election signs, freedom of speech and 1st Amendment right
concerns.
RESOLUTION #26 ACKNOWLEDGE RECEIPT OF THE PROPOSED LOCAL
LAW OF 2020 TO AMEND CHAPTER 178, ARTICLE XVIII,
SECTION 178-112 A(4) AND A(5) OF THE TOWN ZONING
ORDINANCE AND SCHEDULE A PUBLIC HEARING FOR
FEBRUARY 19, 2020
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge receipt of the proposed Local
Law of 2020 to amend Chapter 178, Article XVIII, Section 178-112 A(4) and A(5) of the Town
Zoning Ordinance as it relates to temporary signs and elections, and be it further
RESOLVED, a Public Hearing shall be scheduled for Wednesday, February 19, 2020 at 5:00
p.m. regarding the proposed Local Law.
BAN – Gutchess Lumber Sports Complex:
Attorney DelVecchio commented that the Town has been addressing the BAN repayment
for the Gutchess Lumber Sports Complex. The BAN was due in full by January 31, 2020 along
with an interest payment. The Town was preparing to move forward with a long-term bond that
had a 13-year repayment plan, however Attorney DelVecchio discovered that if the Town moved
forward with the bond, the Town would be prohibited to enter into any business relationships
with any non-governmental entities or businesses. As a result of that concern, an attorney-client
meeting was held last Friday to discuss the options. Based on that meeting, a unanimous
decision was voiced that the bond not be pursued at this time and that a short-term BAN be
renewed. Formal action was not necessary by the Board, since the original resolution initiated
JANUARY 22, 2020 TOWN BOARD MEETING PAGE 2
by the Board in 2017, had a specific provision for the Supervisor to make a discretionary
decision with respect to the bond and the bond repayment, per State law. He stated that what
was done was in the best interest of the Town and the public.
Councilman Withey added that the Board would make time available for the public to be
more aware of the process moving forward with the Gutchess Lumber Sports Complex and the
sustainability of the current project.
Aquifer Protection Permits Applications – DG New York CS, LLC:
With regard to the Aquifer Protection Permit applications of DG New York CS, LLC,
Attorney DelVecchio reminded the Board that they were to address whether there were any
concerns of the aquifer in general. It is not necessary to wait for the Soil & Water Conservation
District, however the Board could wait for the reports if they chose to do so. The Planning
Board already approved the projects.
Attorney DelVecchio and Councilman Withey excused themselves from the meeting at
5:40 p.m.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of October 29, 2019. All voting aye, the
motion was carried.
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
the Cortlandville Planning Board Minutes of October 29, 2019. All voting aye, the motion was
carried.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of December 3, 2019. All voting aye, the
motion was carried.
RESOLUTION #27 AUTHORIZE SUPERVISOR TO SIGN PURCHASE
ORDER #0157 - SCADATEK
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0157 submitted by Water & Sewer Sup’t. Alteri to be paid to Scadatek to repair
and upgrade telemetry at the Blue Creek Water Tank, for the total cost of $5,910.00.
RESOLUTION #28 AUTHORIZE PAYMENT OF VOUCHERS – JANUARY
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #29-100
HG, SF, SS, SW General Fund A $ 90,095.01
General Fund B $ 3,564.70
Highway Fund DA $ 0.00
Highway Fund DB $ 23,403.56
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 30,490.54
Water Fund SW $ 103,183.60
JANUARY 22, 2020 TOWN BOARD MEETING PAGE 3
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 #3-5
Trust & Agency TA $ 46,351.15
Expendable Trust TE $ 0.00
Supervisor Williams acknowledged that there were no requests for privilege of the floor.
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file the
following correspondence from Members of the Board with regard to their annual review of
Town department records:
1) Correspondence from Deputy Supervisor Guido regarding his review of Town
Clerk/Tax Collector records for the year 2019, as audited on January 10, 2020.
2) Correspondence from Deputy Supervisor Cobb regarding his review of Town Justice
records for the year 2019, as audited on January 21, 2020.
3) Correspondence from Councilman Testa regarding his review of Town Highway
Department and Water/Sewer Department records for the year 2019, as audited on
January 15, 2020.
4) Correspondence from Councilman Withey regarding his review of Town Supervisor
records for the year 2019, as audited on January 21, 2020.
All voting aye, the motion was carried.
RESOLUTION #29 ACCEPT ANNUAL REPORT OF THE TOWN CLERK
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
BE IT RESOLVED, the Annual Report of the Town Clerk, as submitted by Town Clerk, Kristin
E. Rocco-Petrella, RMC for the year 2019 is hereby accepted, and shall be received and filed.
RESOLUTION #30 ACCEPT ANNUAL REPORT OF CODE ENFORCEMENT
OFFICER KEVIN MCMAHON
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
BE IT RESOLVED, the Annual Report of Code Enforcement Officer Kevin McMahon of
permits issued for the year 2019 is hereby accepted, and shall be received and filed.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the
monthly report of Town Justice Casullo for the month of December 2019, and for Town Justice
LeFevre for the month of December 2019. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
the monthly report of the Cortland Community SPCA for the month of December 2019. All
voting aye, the motion was carried.
Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the
monthly report of the Supervisor for the month of December 2019. All voting aye, the motion
was carried.
JANUARY 22, 2020 TOWN BOARD MEETING PAGE 4
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from Charter Communications, dated January 10, 2020, regarding programming
services. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
correspondence from Charter Communications, dated January 13, 2020, regarding programming
services. All voting aye, the motion was carried.
There was discussion regarding the Aquifer Protection Permit applications submitted by
DG New York CS, LLC. Councilman Guido asked Ms. Ward, representing the applicant, when
she anticipated that County Soil and Water Conservation District would have their report
complete. He and Councilman Cobb voiced their preference to wait for the reports to be
complete prior to acting on the permits. Ms. Ward explained that the stormwater plan is
submitted to the DEC for their review. She stated that the project is designed in compliance with
the DEC regulations and that all has to come back before the issuance of a building permit by the
Town. Councilman Guido stated that the project sounds good, especially with the Governor’s
energy mandate, however he stated that he would like to have the SWCD report first, or make it
a condition of the permit approval.
Supervisor Williams explained that the Board could approve the permits subject to the
conditions set by the Town and County Planning Boards. Town Clerk Rocco-Petrella read aloud
a portion of the recommendations from the Cortland County Planning Board concerning the
SWPPP and review by the County Soil and Water Conservation District. The Board agreed to
move forward with the approval of the permits subject to conditions.
RESOLUTION #31 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2020
SUBMITTED BY DG NEW YORK CS, LLC FOR PROPERTY
OWNED BY JOANNE CONDRON LOCATED OFF OF EAST
RIVER ROAD SUBJECT TO CONDITIONS
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
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, the Town Planning Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form and determined that the proposed action will not produce any
significant adverse environmental impact, resulting in a Negative Declaration under SEQRA,
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 #1 of 2020,
submitted by DG New York CS, LLC, for property owned by Joanne Condron (Cortlandville 1),
permitting the construction five megawatt ground mounted large scale solar energy system
encompassing approximately 31.27+/- acres, located on the east side of East River Road and the
north side of Riley Road, tax map #87.00-03-02.110, subject to the following conditions from the
Town and County Planning Boards:
1. The applicant obtaining written approval for the driveway entrance to Riley Road from
the Town Highway Superintendent since Riley Road is a town road.
2. That a maintenance schedule be established to ensure that vegetative cover underneath
the panels is maintained post-construction as it will be the primary management practice
for stormwater on site.
3. That the applicant prepare and submit an erosion and sediment control plan to the Town
to address erosion and sediment control during construction and revegetation of all
pervious areas upon completion of construction.
JANUARY 22, 2020 TOWN BOARD MEETING PAGE 5
4. The applicant preparing and obtaining approval of a stormwater pollution prevention plan
(SWPPP) including water quality and quantity management for this site from the Town
upon review by the County Soil and Water Conservation District, if it is determined that
this project would disturb more than one acre of land.
5. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention
plan for the site per the NYS Phase II stormwater regulations and obtaining a NYSDEC
Construction Stormwater Permit GP-0-15-002 coverage if it is determined that this
project would disturb more than one acre of land. The SW PPP must meet the current
Stormwater Management Design Manual and the Runoff Reduction and Green
Infrastructure requirements.
6. That disturbed areas are replanted with native species to enhance ecological values.
7. That the applicant contacts the NYS DEC Division of Environmental Permits to request a
jurisdiction determination and to apply for and obtain any permits required as a result of
this determination.
8. That the applicant provide a written narrative to the Town as to how concerns regarding
noise impacts on the neighboring residential properties during installation of the solar
panels and visual impacts once the solar arrays are installed are being addressed.
9. That the applicant providing assurances to the Town that the necessary steps would be
taken to minimize reflective glare impact on neighboring residential properties.
10. The applicant obtaining Town Planning Board approval of the use of prime farmland for
a ground-mounted large-scale solar energy system.
11. Potential impacts to identified archeological sites on this property being evaluated and
avoided.
12. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
RESOLUTION #32 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2020
SUBMITTED BY DG NEW YORK CS, LLC FOR PROPERTY
OWNED BY DOUGLAS J. CHRISTOFFERSON LOCATED
OFF OF RILEY ROAD SUBJECT TO CONDITIONS
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
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, the Town Planning Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form and determined that the proposed action will not produce any
significant adverse environmental impact, resulting in a Negative Declaration under SEQRA,
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 #2 of 2020,
submitted by DG New York CS, LLC for property owned by Douglas J. Christofferson
(Cortlandville 3), permitting the construction of a five megawatt ground mounted large scale solar
energy system encompassing approximately 36.6+/- acres, located at the end of Riley Road, tax
map #87.00-01-08.100, subject to the following conditions from the Town and County Planning
Boards:
JANUARY 22, 2020 TOWN BOARD MEETING PAGE 6
1. The applicant obtaining written approval for the driveway entrance to Carr Hill Road
from the Town Highway Superintendent since Carr Hill Road is a town road.
2. That an easement be written into the deeds of all properties that the proposed driveway
access travels through to insure continued access to the solar array in the event that the
involved properties are sold separately in the future.
3. That the applicant provide a written narrative to the Town as to how concerns regarding
noise, dust and stormwater runoff impacts on the neighboring residential properties
during construction of the driveway and installation of the solar panels are being
addressed to determine if the access driveway and its connection with Carr Hill Road
need to be relocated further from these neighboring residential properties to alleviate
these concerns.
4. That a maintenance schedule be established to ensure that vegetative cover underneath
the panels is maintained post-construction as it will be the primary management practice
for stormwater on site.
5. The applicant preparing and obtaining approval of a stormwater pollution prevention plan
(SWPPP) including water quality and quantity management for this site both during and
after construction from the Town upon review by the County Soil and Water
Conservation District, since this project would disturb more than one acre of land.
6. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention
plan for the site per the NYS Phase II stormwater regulations and obtaining a NYSDEC
Construction Stormwater Permit GP-0-15-002 coverage since this project would disturb
more than one acre of land. The SWPPP must meet the current Stormwater Management
Design Manual and the Runoff Reduction and Green Infrastructure requirements.
7. That the applicant contacts the NYS DEC Division of Environmental Permits to request a
jurisdiction determination and to apply for and obtain any permits required as a result of
this determination.
8. That the applicant providing assurances to the Town that the necessary steps would be
taken to minimize reflective glare impact on surrounding residential values.
9. That disturbed areas are replanted with native species to enhance ecological values.
10. That the applicant consults with and obtains written confirmation from the DEC that it is
acceptable to install solar arrays within these delineated wetland areas.
11. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file
correspondence from the New York State Department of Environmental Conservation, dated
January 9, 2020, regarding the Notice of Violation for Particulate Fallout at Gutchess Lumber
Co., located at 890 McLean Road. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file
correspondence from New York State Department of Environmental Conservation, Office of
Commissioner, dated January 3, 2020, notifying the Town that it was selected for a grant up to
$178,240 through the Water Quality Improvement Project (WQIP) for the Town’s Land
Acquisition for Source Water Protection Project. All voting aye, the motion was carried.
JANUARY 22, 2020 TOWN BOARD MEETING PAGE 7
RESOLUTION #33 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION
TO JUNE 1, 2020
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a
request to the Cortland County Treasurer for an extension of time until June 1, 2020 for the
collection of taxes in the Town of Cortlandville, pursuant to Section 938 of the Real Property
Tax Law.
RESOLUTION #34 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
CHA TO PROVIDE DESIGN AND CONSTRUCTION PHASE
SERVICES FOR THREE PROPOSED WATER AND SEWER
IMPROVEMENT PROJECTS IN THE TOWN
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with CHA to provide design and construction phase services for the following three
proposed water and sewer improvement projects in the Town of Cortlandville for the total cost of
$78,750:
1. Lime Hollow Chlorine Contact Time WM Loop: Installation of approximately 600 feet of
30-inch DOP water main and associated valves and fittings in the open grassy area adjacent
to the Lime Hollow well site;
2. Route 281 Water Main Extension: Installation of approximately 400 feet of 8-inch DIP
water main along Route 281, to connect the dead-end 8-inch DIP main on Blue Creek Road
with the 8-inch ductile iron main on Fisher Avenue; and
3. Hillside Drive Sewer Repairs: Replace approximately 250 feet of 8-inch PVC sewer main
on Hillside Drive, which has developed pipe sags, along with minor repairs to laterals in the
vicinity.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from New York State Homes & Community Renewal, dated January 3, 2020,
regarding the Town’s positive Post-Monitoring visit for the 2016 Town-wide Housing
Rehabilitation Grant, CDBG #287HR326-16, in which “No Findings” were determined and the
Town is cleared to close out the grant. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Guido, to receive and file
correspondence from Moody’s Investors Service, dated January 15, 2020, informing the Town
that it reviewed and assigned a rating of Aa3 to the Town of Cortlandville, Public Improvement
Serial Bonds – 2020. All voting aye, the motion was carried.
RESOLUTION #35 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
THOMA DEVELOPMENT CONSULTANTS FOR PROGRAM
DELIVERY AND ADMINISTRATION SERVICES FOR THE
2019 TOWN-WIDE HOUSING REHABILITATION GRANT
(CDBG #287HR323-19)
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
JANUARY 22, 2020 TOWN BOARD MEETING PAGE 8
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with Thoma Development Consultants for Program Delivery and Administrative
Services for the 2019 CDBG Townwide Housing Rehabilitation Grant (NYS CDBG Project
#287HR323-19), in the amount of $43,000 for Program Delivery Services and $16,000 for
Administrative Services, for the total amount of $59,000.
RESOLUTION #36 AUTHORIZE WAGE INCREASE FOR PART-TIME BUILDING
& GROUNDS LABORER, FREDERICK WALKER
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
BE IT RESOLVED, at the request of Highway Sup’t Bassett, the Town Board does hereby
authorize and direct the wage increase for Part-time Building & Grounds Laborer, Frederick
Walker to $20.44 per hour effective January 19, 2020.
RESOLUTION #37 AUTHORIZE TRANSFER OF FUNDS TO BALANCE
ACCOUNTS FOR THE 2019 BUDGET
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0
ABSENT – Withey
ADOPTED
BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to
adjust the accounts of the 2019 Budget for the Town of Cortlandville as follows:
1) GENERAL FUND A – TOWN WIDE: Transfer $30,921.33
FROM TO AMOUNT
A1110.2 A1110.4 $ 4,000.00
A1110.41 A1110.4 $ 460.39
A1010.1 A1220.1 $ 380.13
A1990.4 A1410.1 $ 2,628.84
A1420.4 A1420.1 $ 0.10
A1990.4 A1430.41 $ 1,050.22
A1620.41 A1620.4 $ 7,336.00
A1990.4 A1620.4 $ 4,764.46
A1990.4 A1680.2 $ 40.60
A1990.4 A1680.4 $ 7,922.46
A1220.2 A1680.4 $ 1,845.69
A1990.4 A7550.4 $ 492.44
TOTAL: $ 30,921.33
2) GENERAL FUND B – PART TOWN: Transfer $88,259.64
FROM TO AMOUNT
B599 B7110.42 $67,928.61
B8010.2 B8010.4 $ 1,500.00
B8020.4 B8010.4 $ 1,209.03
B8020.41 B8020.43 $16,954.70
B8020.4 B8020.43 $ 667.30
TOTAL: $ 88,259.64
3) DB – HIGHWAY FUND – PART TOWN: Transfer $144,375.91
CHIPS REVENUE HAS BEEN INCREASED
Debit DB 3501 $23,371.39
Credit DB 5110.4 $23,371.39
JANUARY 22, 2020 TOWN BOARD MEETING PAGE 9
FROM TO AMOUNT
DB5110.4 DB5112.2 $100,199.97
DB5130.4 DB5130.1 $ 1,395.65
DB5142.1 DB5142.4 $ 42,780.29
TOTAL: $144,375.91
4) SW – WATER FUND: Transfer $6,858.52
FROM TO AMOUNT
SW8320.4 SW8320.41 $ 6,858.52
TOTAL: $ 6,858.52
No further comments or discussion were heard.
Councilman Cobb made a motion, seconded by Councilman Testa, to adjourn the Regular
Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:55 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 February 28, 2020.
The final version of this meeting was approved as written at the Town Board meeting of March 4, 2020.