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HomeMy WebLinkAbout02-01-201215 FEBRUARY O1, 2012 5:00 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 Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Garry VanGorder, Executive Director of the Cortland County BDC/IDA; Attorney John Sidd, representing the Cortland County IDA; Jack and Pat Harvey and fellow Commissioners and members of the Cortlandville Fire Department; Barb Leach; Ray Dunnigan; News Reporters: Matthew Nojiri from the Cortland Standard, and Eric Mulvihill from WXHC. Supervisor Tupper called the meeting to order. Supervisor Tupper asked Jack Harvey and his wife Pat to come forward. On behalf of the Cortlandville Town Board, he presented Mr: Harvey with a plaque to honor his 30 years of volunteer service to the Cortlandville Fire Department. He thanked Mr. Harvey for all of the time he selflessly donated to his community, and thanked his wife Pat for her support and presented her with flowers. Supervisor Tupper also thanked all of the Commissioners and members of the Fire Department who were in attendance to support Mr. Harvey. Mr. Harvey thanked the Board for recognizing his service to the fire department, which he has enjoyed. He expressed his gratitude to the Town Board who helped get the Fire Department to where it is today. He apprised the Board that the Fire Department started with two trucks and operated out of the former 2-car water and sewer garage for a period of time until the Town acquired the municipal garage on Route 281. The Fire Department utilized the building until their new facility on Route 13 was built. Mr. Harvey thanked the W&S Department and Highway Department for their continued assistance, and also thanked the Town Code Enforcement Officer for the great job that he is doing. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of December 21, 2011 as submitted. All voting aye, the motion was carried. RESOLUTION #28 AUTHORIZE PAYMENT OF VOUCHERS — FEBRUARY Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #56 - 78 $ 95,533.15 General Fund B B8 - B10 $ 4,955.61 Highway Fund DB D24 - D39 $ 54,576.40 Trust & Agency T1 - T3 $ 30,611.06 Water Fund W25 - W34 $ 5,744.90 Sewer Fund S13 - S16 $ 2,736.54 Capital Projects H1 - H1 $ 540.00 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. Councilman Rocco presented the Board with a copy of the proposed wind turbine locations in Cortland County as provided to him,6y TCI Renewables. 16 FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 2 Monthly reports of the Code Enforcement Officer, Tax Collector, and Water & Sewer Department for the month of January 2012 were on the table for review and are filed in the Town Clerk's office. Town Clerk/Tax Collector Snyder commented on the Tax Collection monthly report. She informed the Board that as of today 2,923 of 3,800 tax bills were processed and paid, for a total of $8.1 million or 68% of the warrant. She explained that the 2012 warrant was $12.2 million. Of the 77% of tax bills paid, 6% of 'tax payers, or rather 195 property owners, took advantage of the partial payment program. The total amount collected for partial payments was $284,700+. Town Clerk/Tax Collector Snyder informed the Board that both the Town and the Fire Department have been paid in full. Although she would not be sending the County Treasurer as much money as she did last year at this time, she would be sending a check for a few million dollars. Councilman Rocco commended Town Clerk Snyder and her staff for the over time they worked this tax collection season, which she explained was partly due to the new computer software program for tax collection. She hoped the problems with the software program would be resolved for next year. Supervisor Tupper questioned whether mostly senior citizens were taking advantage of the partial payment program. Town Clerk/Tax Collector Snyder reported that only a handful of seniors took advantage of partial payments, although many businesses and residential homeowners participated. Supervisor Tupper thanked Town Clerk/Tax Collector Snyder on behalf of the Board and stated they appreciated all the work that was done. He also thanked Assistant Code Enforcement Officer, Desiree Campbell for helping the Town Clerk's Office with sorting and filing the paid tax bills, which was a greatly appreciated by the Town Clerk's Office. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Time Warner Cable, dated February 1, 2012, regarding programming services. All voting aye, the motion was carried. Under old business, Councilman Leach apprised the Board he audited the Supervisor's records and found everything to be in order. Councilman Testa would be auditing the Town Clerk/Tax Collection records later in the month. Attorney Folmer reported: Cortland County IDA - Fingerlakes East Business Park: Attorney Folmer recognized Attorney John Sidd, representing the Cortland County IDA, and Garry VanGorder, Executive Director of the Cortland County IDA/BDC who were in attendance. Attorney Folmer apprised the Board that he had in his possession a warranty deed, bill of sale, and a deed relating to drainage easements regarding the Industrial Development Agency's access road. Attorney Folmer thought the documents were in the proper form to be accepted this evening, however this afternoon he discovered that included in the right-of-way for the road is a small island. The purpose of the island is so the IDA can install a sign that complies with the Town's ordinance, identifying the entranceway to the park. The problem with the document as it was drawn was that it conveyed the title to the island along with the road to the Town. Once that conveyance occurs, the Town has a policy that it does not allow signs to be erected on Town property. Attorney Folmer and Attorney Sidd discussed the matter and decided that the conveyance could contain a restriction that says that the "IDA is reserving the right to make use of, to use and maintain that island for signage purposes, construction of a sign that would be in compliance with the Town's ordinances." Attorney Folmer asked the Board to adopt a resolution accepting the conveyance of the road with the exception and reservation of the right to maintain that island for sign purposes; to accept the conveyance of the drainage easements that are identified on the survey map that are described by legal description; and to accept a bill of sale to those items that are personal property that could be connected with the grant of the roadway. Attorney Folmer also asked the Board to adopt the resolution subject to his approval of the final documents before they are recorded. Attorney John Sidd added that there are sewer and water lines in the roadway right-of- way which is what the bill of sale was for. At this time, the Town had not yet accepted the water or sewer lines; the lines were inspected but not formally accepted. Attorney Folmer explained 17 FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 3 that the resolution would accomplish the acceptance of the lines, because included in the bill of sale for personal property was the water and sewer lines. Councilman Proud mentioned that there were some minor concerns with the sewer line, and questioned whether Water & Sewer Sup't. Alteri should speak with Attorney Folmer. Attorney Folmer stated there was a contractually obligated bond between the IDA and Adhan Piping, which expires September 12, 2012. Attorney Folmer already spoke with Highway Sup't. Bush and Water & Sewer Sup't. Alteri, and they determined there was enough time to address the concerns and complete the necessary testing prior to the expiration of the bond. Councilman Proud also questioned whether allowing the IDA to put the sign in would set a precedent for the Town. Attorney Folmer stated no, and explained that if the conveyance is made to the Town and the right to use the island is reserved, then the title to the island did not come free and clear to the Town. The Town would not have absolute ownership of the island. The difference is that on other pieces of property the Town has a fee simple absolute title. Attorney Folmer also mentioned that at the last meeting there was a question as to whether the Highway Department would have to start plowing the roadway. He spoke with Highway Sup't. Bush who indicated it would not be a problem to start plowing the roadway. RESOLUTION #29 ACCEPT ROAD, DEDICATION OF FINGERLAKES EAST DRIVE; ACCEPT THE CONVEYANCE OF DRAINAGE EASEMENTS; AND ACCEPT BILL OF SALE; ALL SUBJECT TO TOWN ATTORNEY APPROVAL Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville Highway Sup't. has inspected the road called Fingerlakes East Drive and has determined that such road has been constructed in accordance with Town standards, therefore BE IT RESOLVED, the Town Board does hereby accept the dedication of the road known as Fingerlakes East Drive from the Cortland County Industrial Development Agency, with the exception and reservation of the right to maintain the island for sign purposes, and it is further RESOLVED, the Town Board does hereby accept the conveyance of the drainage easements that are identified on the survey map and are described by legal description, and it is further RESOLVED, the Town Board does hereby accept the bill of sale to those items that are personal property that could be connected with the dedication of the roadway, and it is further RESOLVED, the Supervisor is hereby authorized and directed to execute the documents when delivered to the Town in an acceptable form, subject to the Town Attorney's approval of the final documents before they are recorded. Garry VanGorder, Executive Director of the Cortland County IDA thanked Attorney Folmer for all of his work on the project. Councilman Rocco apprised the Board he has had numerous inquiries regarding the business park from businessmen and others in the community. One person suggested the land be given to businesses to entice them to come to our community, with stipulations on things such as wages and how much money was put into the construction of the building. Councilman Rocco mentioned that business parks in other communities have given the land to businesses, and questioned whether something similar could be done within the Fingerlakes East Business Park. Mr. VanGorder explained that the land eould not be given away because a number of funding sources were used, including Federal, State, County, and Town funds. The sale of the property, at market value, would pay back the funds that both the Town and County put into the project. He suggested that perhaps the business parks that were able to give land away had private funding. Mr. VanGorder suggested that Councilman Rocco inform his constituents that the Town and County would be paid back funds that they loaned to the IDA for the park with the sale of the properties. Attorney Folmer apprised Councilman Rocco that it was constitutionally prohibited for public funds to be given away, or for public property to be given away. The same would apply to the Fingerlakes East Business Park because federal, state, and local funds were used. FEBRUARY 01, 2012 TOWN BOARD MEETING PAGE 4 Attorney Sidd stated there are ways in which to provide incentives to get businesses to locate to the park, such as tax exemptions through the IDA. Mr. VanGorder added that the IDA has had several inquiries on properties within the park and was working hard to sell the properties. However, it takes time to build out such a park. The business park in Tompkins County is still building out after 8 years. Street Lighting in New Developments: Attorney Folmer reported that he told the Town Planning Board he anticipated that the Board would be adopting a resolution asking them to consider requiring residential developers to provide adequate street lighting as part of their{ development plan. Attorney Folmer asked the Board to adopt a resolution to take that step for'future projects. Councilman Proud stated he would like the Planning Board to focus on the safety issues for street lights rather than aesthetics. He stated that while the lantern style street lights look nice, they do not cast a lot of light on the roadway. Councilman Rocco stated it was important for all of the lighting to be installed at the time the development was being constructed, and suggested that perhaps only a few of the street lights could be turned on where they were needed. Councilman Rocco suggested the Town also look into lighting similar to what the Town of Dryden has; decorative lighting that saves the taxpayers money as well. RESOLUTION #30 REQUEST TOWN PLANNING BOARD REQUIRE DEVELOPERS TO INCLUDE STREET LIGHTING IN RESIDENTIAL DEVELOPMENT PLANS Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does request that the Town Planning Board require developers to include efficient street lighting in residential development plans as a matter of safety. Stormwater Plans: Attorney Folmer apprised the Board there was discussion at the January 31, 2012 Town Planning Board meeting that there are many Stormwater Management plans existing in the Town that have been approved by both the Planning Board and the Town Board in connection with the Aquifer Protection permits. All of the stormwater plans should have a stormwater maintenance plan in place. However, Attorney Folmer explained that at this time nobody is charged with the responsibility of doing the maintenance inspection. The Town Planning Board suggested the Board enter into discussion with Cortland County Soil & Water Conservation District with regard to the maintenance of approved Stormwater Management Systems, and to make sure the inspections were actually being done. No action was necessary at this time. Councilman Testa questioned whether the wells were being tested with regard to the Wal-Mart Supercenter. Attorney Folmer explained that it was not yet time for the testing to be conducted. Attorney Folmer informed the Board that Planning Board Member Nick Renzi prepared a report concerning the applications that the Planning Board acted on, as he does at the end of every quarter and every year. According to the report the Planning Board acted on 89 applications in the year 2011 as opposed to 66 applications in the year 2010. One of the reports generated by Mr. Renzi lists the conditional permits that were granted, which is given to the Town CEO to follow up on during fire inspections. If a conditional permit is granted to a property in which no fire inspection is accomplished, either the CEO or Planning/Zoning Officer make arrangements to ensure the conditions have been met. Hydrofracking: Attorney Folmer reminded the Board that they adopted a resolution at their last meeting concerning hydrofracking, in support of Cortland County Home Rule Authority. Attorney Folmer suggested a copy of the resolution be forwarded to Governor Cuomo, Senator Seward, Assemblywoman Lifton, Assemblyman Finch, and Assemblyman Kolb, in addition to Cortland County. 19 FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 5 Wind Turbines: Attorney Folmer apprised the Board he scheduled a meeting for himself, Councilman Rocco, and Councilman Proud to meet with James Trasher of Clough Harbour & Associates to discuss wind turbines within the Town and to work with a draft of a local law which Mr. Trasher prepared. Attorney Folmer asked for direction from the Board. He questioned whether the Board wanted the committee to draft a local law that permits the location of wind farms on a safe and sound basis, or whether the Board wanted a draft local law that was so restrictive that the wind turbines could not be constructed within the Town. Attorney Folmer asked for clarification so that the meetings with CHA could focus on the,direction that the Board wanted to take. Councilman Rocco informed the Board that according to a January 201h article the Farm Bureau in Ontario Canada, which represents 30,000 farm families in Ontario, petitioned the Canadian government for the immediate cessation of all new wind permits until answers are brought forth on: 1) noise issues, 2) vibration issues, 3) health, 4) and succession issues on farms. Councilman Rocco stated there was also a concern with fighting between neighbors and concerns that some people have wind turbines that are impeding on their neighbors. Councilman Rocco stated there are many farms in our community, and suggested that the farmers be consulted. In Lowville, New York many farmers have stopped farming and have 15 miles of wind turbines instead. Councilman Rocco referred to the map of the proposed wind farm in Cortland County which he provided to the Board. The wind turbines are spread out throughout several towns and would impact a lot of people. Councilman Rocco recalled a recent statement made by Michael Park, Chair of the Cortland County Legislature, in which he welcomed TCI Renewables and stated that the wind farm would be good for Cortland County. Councilman Rocco stated there are a lot of people who have the point of view that a wind farm would be the worst thing that could happen to Cortland County. Councilman Rocco voiced his concerns regarding the distance between houses and wind turbines, and feared that the minimal distance would be required. He suggested that there should be a referendum in the County over this issue. He referred to the proposed map of the wind farm and pointed out that many people would have three or four turbines surrounding their homes and questioned how fair that was. Councilman Rocco suggested that the people who are being approached to sign leases for the wind turbines consult an attorney to be sure they thoroughly understand the document. Councilman Rocco explained that investors only pay 11 % of what it costs to put the turbines up, while the government pays 89%. The investors get tax credits and accelerated depreciation; the turbines don't even have to turn for the investors to make money. Councilman Rocco stated the turbines would not be here to produce energy, but would be here to produce money for the investors. If all of the turbines proposed for Cortland County functioned 24 hours a day, 7 days a week it would produce enough power for 21,000 homes, however he speculated that that would not be the case. Councilman Rocco urged the Board to learn about wind turbines and to attend the County Legislature's meeting on Thursday, February 2, 2012 regarding wind turbines, and to ask a lot of questions. He stated that he has researched wind turbines for the past six years and has visited twelve wind farm locations. He stated that he was not against wind turbines, but was in favor of them being appropriately placed. Wind turbines are being built in the ocean, five miles out. The interior department is laying out areas, and Google is spending their excess cash on putting in the power lines. Such turbines function 24 hours a day, 365 days a year and actually produce energy, not just tax credits and accelerated depreciation for the investors. Councilman Proud stated that he and Councilman Rocco have a difference of opinion on the wind turbines, yet they were asked by the Board to sit down and craft regulations for the Town which they were unable to do. Therefore, it was necessary for the Board to make a decision as to whether they should craft regulations that would allow the wind power in the Town under safe, reasonable, regulations, or should they write a regulation that would be so restrictive that no one would think about building a wind turbine in the Town. Councilman Proud made a motion to the Board that they craft regulations that will allow commercial wind power in the Town under safe standards. Councilman Leach seconded the motion. Attorney Folmer stated that the substance of the regulations have not yet been drawn, so the only discussion that needs to be had at this point is what type of regulations should be crafted. If the motion is adopted, he stated that he, Councilman Proud, and Councilman Rocco would try and craft reasonable and safe, sound regulations to deal with the location of wind turbines or windmills within the Town. Discussion would come at a later time while they crafted the ordinance and during public hearings. Attorney Folmer reminded Councilman Rocco that the only time they could provide a referendum was when the statute gives you permission or requires you to conduct a permissive referendum. What was being discussed did not fall into either of Zo FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 6 those categories, so the Board would be making the decision rather than leaving it up to the public. Councilman Leach stated that not everyone was against wind turbines. He recalled one town resident who approached the Board in the past who was in favor of a turbine on his property. He stated that the Board has to start somewhere with its regulations. Councilman Rocco stated this was the worst thing the Board could do for Cortlandville. He was adamant that the Town does not need wind turbines. Councilman Rocco asked for a roll call vote. RESOLUTION #31 AUTHORIZE AND DIRECT THE WIND TURBINE COMMITTEE TO DRAFT SAFE, SOUND, AND REASONABLE REGULATIONS FOR THE LOCATION OF WIND TURBINES WITHIN THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Proud Aye Councilman Leach Aye Councilman Rocco Nay ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Cortlandville Wind Turbine Committee, made up of Councilman Rocco, Councilman Proud, and Attorney Folmer, to draft safe, sound, and reasonable regulations for the location of wind turbines within the Town of Cortlandville. There was further discussion regarding the meeting to be held February 2, 2012 at the County with TCI Renewables. Councilman Rocco requested that the entire Board attend the meeting. Supervisor Tupper stated it would be up to each individual Board member as to whether they wanted to attend or not. Councilman Leach indicated that he would not be attending the meeting, and commented on Councilman Rocco's conduct at past County meetings which he felt Councilman Rocco was unprofessional as an elected official and disrespectful to other elected officials. Councilman Rocco and Councilman Leach bantered back and forth. Councilman Testa interjected and stated that he did not like Councilman Rocco's conduct for disputing with another member of the Board, and stated that everyone is entitled to their own opinion. Councilman Testa stated that the Board directed Attorney Folmer, Councilman Proud and Councilman Rocco to work with Clough Harbour & Associates to draft an ordinance. He stated there would be more discussion at a later date, but requested the Board move on to discuss the items on the agenda. There was a brief discussion regarding correspondence from NYS Homes & Community Renewal. Supervisor Tupper apprised the Board the Governor changed the way that grant money is disbursed under the Office of Community Renewal (OCR). If the paperwork is not filled out properly and in a timely fashion the Town's grant money could be jeopardized. Supervisor Tupper explained that the process was much more complicated as it included more paperwork. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from New York State Homes,& Community Renewal, dated January 19, 2012, regarding the HOME State Recipient Disbursement Process Change. All voting aye, the motion was carried. 21 FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 7 Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated January 26, 2012, regarding the HOME State Recipient Disbursement Process Change. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated January 12, 2012, regarding the HOME, RESTORE, and Access to Home Active Projects Signatory & Depository . Forms to be completed and returned to NYS Homes & Community Renewal. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated January 27, 2012, regarding the request for Federal assistance Expenditure Form for all NYS CDBG and NYS HOME Programs to be completed and returned to NYS Homes & Community Renewal. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Rich DeGuida, Clough Harbour & Associates LLP, dated January 17, 2012, regarding the NYS Route 13 Sewer Rehabilitation Project. All voting aye, the motion was carried. ,a,. RESOLUTION #32 AUTHORIZE SUPERVISOR TO SIGN THE NYS ROUTE 13 SEWER REHABILITATION PROJECT — CWSRG PROJECT LISTING FORM Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the NYS Route 13 Sewer Rehabilitation Project — CWSRG Project Listing Form and to submit the form to the New York State Environmental Facilites Corporation (NYSEFC). RESOLUTION #33 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY DAVID YAMAN TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Leach Seconded by Councilman'.Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by David Yaman for Phase I of a 9,200 sq. ft. commercial retail center, for property located at 859-865 Route 13, tax map #95.00-10-04.000, shall be forwarded to the Town and County Planning Boards for review and recommendations. Attorney Folmer informed the Board that the Town Planning Board was waiting for additional information with regard to Mr. Yaman's Aquifer Protection Permit application. Therefore, the application would not immediately be forwarded to the County Planning Board for their review. z�- FEBRUARY 01, 2012 TOWN BOARD MEETING PAGE 8 No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:00 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on March 2, 2012. The draft version of this meeting was approved as written at the Town Board meeting of March 21, 2012. u 1