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HomeMy WebLinkAbout04-04-201299 APRIL 04, 2012 5:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2012 IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES 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 the proposed Local Law for the year 2012, providing for a moratorium on placement of commercial wind farm facilities. 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; Barb Leach; George W. Elliott; News Reporters: Eric Mulvihill from WXHC, Matthew Nojiri from the Cortland Standard, and Sharon Stevans from Channel 2, Access TV Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Rocco stated that the New York State Public Service Commission, Siting Board was working feverishly to be able to bypass the laws of towns and cities relative to wind turbines. He stated that the Commission anticipated their law (Article 10) being complete on August 4, 2012, and was concerned that the law may supersede whatever law the Town comes up with. He hoped the Town's local law was complete prior to August 4th so the Town has something to fall back on. He stated that waiting until December to adopt a local law for the wind turbines would not be in the Town's best interest. Supervisor Tupper stated the Town needs to continue to move forward. He explained that once the Board passed the Moratorium it would give them until December 31, 2012 to adopt a local law. Supervisor Tupper indicated that Attorney Folmer was fairly certain that the Town would have a local law sooner than that. Attorney Folmer explained that the Moratorium would be in place until December 31, 2012 unless the Board determined that it was no longer necessary prior to that date. It did not mean that the Board would wait until December to take action. Secondly, he mentioned that the Town's committee met a few times and were working with a draft proposal of a local law. Another meeting was scheduled for April 16th. He was hopeful that the committee would be able to complete the review of the draft and could present something to the Board well in advance of December 31st, and well in advance of August 4th., Attorney Folmer mentioned that Article 10, which Councilman Rocco referred to, appears, 4to override a great deal of discretion the Town might have. However, he stated it was important to adopt a set of regulations and stated that the Town has a unique situation when you look at the other areas of the county in which windmills are proposed. The Town's ordinance would be and should be different than other municipalities. Attorney Folmer agreed with Councilman Rocco that Article 10 and its implications are serious for local zoning regulations of this sort. Supervisor Tupper offered privilege of the floor once again to those in attendance. Town resident, George Elliot, questioned what the draft ordinance stated. Supervisor Tupper explained that the public hearing was being held to discuss whether or not the Town would pass a moratorium rather than to discuss a -draft ordinance, which was not ready for public review at this time. Mr. Elliot stated he was curious what the draft ordinance would discuss, not whether the Town would allow wind turbines. , Attorney Folmer gave a brief overview of what was being discussed and explained that the proposed ordinance contained a series of definitions which apply to commercial wind farms, and defines terms as they are used throughout the ordinance. The ordinance also discussed things like the height of the tower; distance of blade from the ground; abatement of noise, setbacks from properties and residences, road protection before, during, and after construction; abatement and if damage is done to highways how it would be taken care of; and a process by 1 1 1 APRIL 04, 2012 PUBLIC HEARING NO. 1 PAGE 2 which a wind turbine, if it is constructed and then going to be removed would be accomplished, such as who would pay for it, what guarantees there were, and letters of credit for indemnification of the town. Attorney Folmer stated that those were in a very general way the areas that were being discussed and are contained in the draft ordinance they were working on. No further comments or discussion were heard. The Public Hearing was closed at 5:10 p.m. 1 1 1 H6 APRIL 04, 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; Barb Leach; George W. Elliott; News Reporters: Eric Mulvihill from WXHC, Matthew Nojiri from the Cortland Standard, and Sharon Stevans from Channel 2, Access TV Supervisor Tupper called the meeting to order. RESOLUTION #59 AUTHORIZE PAYMENT OF VOUCHERS — APRIL Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #200 - 217 $ 41,505.88 General Fund B B29 - B35 $ 85,504.22 Highway Fund DB D96 - D 105 $ 9,349.93 Water Fund W89 - W99 $ 53,813.40 Sewer Fund S46 - S53 $ 2,333.03 With regard to payment of the bills, Councilman Leach questioned whether a purchase order was necessary for the bill to Kellogg Auto Supply for $2798+. Supervisor Tupper indicated that a purchase order was not required because the items listed on the statement were smaller items that cost $100-$200. Councilman Leach also questioned the bill for Modular Mechanical Service for $16,017.13 and, whether a purchase order was already approved. Supervisor Tupper recalled that a purchase order was previously approved for Modular Mechanical Service, however more repair work was necessary for the heating system in the town hall. The purchase order would have to be amended to an increased amount, however the dollar amount was not known at this time. Supervisor Tupper explained that Modular Mechanical was having trouble regulating the two new chillers. He also mentioned that included in the bills was a voucher for the purchase of 400 new water meters. The monthly report of the Tax Collector, Town Clerk, Supervisor, Code Enforcement Officer, the Fire & Safety Inspection Report, and the Water & Sewer Department for the month of March 2012 were on the table for review and are filed in the Town Clerk's office. There was discussion regarding the Supervisor's Annual Report. Supervisor Tupper apprised the Board the Annual Report was sent to Albany. Councilman Leach commented that he reviewed the report and that it looked like the Town was headed in the right direction; the Town's debts were coming down some as well as the bonds, which he stated was encouraging. Councilman Rocco stated he contacted Bookkeeper Hicks and questioned whether the Town could renegotiate a few bonds that were at 5% interest and due between 2018 and 2020. Supervisor Tupper indicated that he looked into the bonds. Two or three of the bonds were taken out 27 years ago, have a prepayment penalty, and could not be refinanced. He stated that the Town would prefer to pay the smaller bonds off, but must let them run for the full term. The biggest bond the Town has was refinanced a few years ago at 2.4%. The Town could look to refinance again, however Supervisor Tupper stated the cost of refinancing would be high. Supervisor Tupper apprised the Board the Town's new USDA loan did not have a prepayment penalty and the interest rate was 2.0%. 1 1 1 y7 APRIL 04, 2012 TOWN BOARD MEETING PAGE 2 RESOLUTION #60 ACCEPT ANNUAL.REPORT OF THE SUPERVISOR Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Supervisor for the year 2011 is hereby accepted, and shall be received and filed. Under communications, Supervisor Tupper apprised the Board he received a thank you card from the McGraw Musical Production of Annie for giving the students the opportunity to perform a skit from the production. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Time Warner Cable, dated April 1, 2012, regarding programming services. All voting aye, the motion was carried. There was discussion regarding the prfposed Local Law "Imposing a Moratorium on Placement of Commercial Wind Farm Facilities." Attorney Folmer apprised the Board that he read the regulations to indicate that this was a Type II Action under SEQRA which does not require a SEQR. However, in the meeting held with Clough Harbour & Associates on April 2, 2012, Mr. Kalena expressed the opinion that it might call for a SEQR. To be safe, Attorney Folmer suggested the Board complete the SEQR Short Environmental Assessment Form, which they did. During the SEQR review, Councilman Rocco asked Attorney Folmer to explain the "no controversy issue". Attorney Folmer reread letter E which states, "Is there, or is there likely to be, controversy related to potential adverse environmental impacts?" Attorney Folmer clarified that if there was an adverse environmental impact from the action, the Board had to decide if there was going to be controversy. The issue before the Board tonight is the moratorium itself, and no one expressed any controversy with regard to the enactment of the moratorium. Attorney Folmer stated there may well be controversy related to the enactment of whatever ordinance is proposed, which would have to have a long form SEQR. The controversy with regard to the ordinance itself would have to be dealt with at the time of the actual consideration of the ordinance. There did not appear to be any controversy over the enactment of the moratorium. Councilman Rocco reiterated that the Board would not have to wait for the full term of the moratorium to adopt a local law for a proposed ordinance. However, he questioned what determined when the Board could act on a proposed ordinance, and how long it would take for an ordinance to become effective with regard to filing with the Secretary of State. Councilman Rocco was concerned with the August 4, 2012 date that Article 10 was to be in effect. Attorney Folmer stated that the time within which the Board could act on an ordinance would depend on the time it takes the committee working on the draft to complete its work. Town Clerk Snyder indicated that it could take anywhere from one week to one month for an ordinance to be filed by the Secretary of State. Councilman Proud thanked Deputy Supervisor Testa for putting the motion forward for the resolution to adopt a local law for a moratorium. RESOLUTION #61 DECLARE NEGATIVE IMPACT FOR LOCAL LAW NO. 1 OF 2012 IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITES Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Town Board as Lead Agent duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed Local Law No. 1 of 2012, Imposing a Moratorium on Placement of Commercial Wind Farm Facilities, shall have no significant environmental impact. rel APRIL 04, 2012 TOWN BOARD MEETING PAGE 3 RESOLUTION #62 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF LOCAL LAW NO. 1 OF 2012 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Local Law No. 1 of 2012, "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities". -1 RESOLUTION #63 ADOPT LOCAL LAW NO. 1 OF 2012 IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES Motion by Councilman Proud Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED 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 a proposed "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities", and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and poste�d,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, 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, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Title This Local Law shall be referred to as the "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities". Section 2. Purpose and Intent Pursuant to the statutory powers vested in the Town of Cortlandville, to regulate and control land use and to protect the health, safely and welfare of its residents, the Town Board of the Town of Cortlandville hereby declares a moratorium on the establishment, placement, construction, enlargement and erection of Commercial Wind Farm Facilities in the Town. The integration of these commercial facilities within the Town's existing pattern of predominantly residential and agricultural land use emphasizes the need for suitable siting, land use and zoning standards and controls with reference to wind farm facilities. The Town Board of the Town of Cortlandville desires to address, in a careful manner, the establishment, placement, construction, enlargement and erection of commercial wind farm facilities on a comprehensive Town -wide basis, rather than on an ad hoc basis, and to adopt Land Use Local Law provisions to specifically regulate same. I9 APRIL 04, 2012 TOWN BOARD MEETING PAGE 4 Section 3. Scope of Controls A. During the effective period of this Local Law: 1. The Town Board, the Town Planning Board and the Town Zoning Board of Appeals shall not grant any approvals that would have, as the result the establishment, placement, construction, enlargement or erection of a comrri6rcial wind farm facility in the Town. 2. The Town Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan, special use permit or other permit that would have as a result the establishment, placement, construction, enlargement or erection of a commercial wind farm j facility within the Town. 3. The Town Zoning Board of Appeals shall not grant any variance or other permit for any use that would result in the establishment, placement, construction, enlargement or erection of a commercial wind farm facility within the Town. 4. The Town Planning and Zoning Officer and the Code Enforcement Officer of the Town shall not issue any permit that would result in the establishment, placement, construction, enlargement or erection of a commercial wind farm facility within the Town. 5. The Town Board of the Town of Cortlandville reserves the right to direct the revocation or recision any building permits or certificates of occupancy issued in violation of this Local Law. Section 4. No Consideration of New Applications No applications for construction affected by this Local Law or for approvals for a site plan, subdivision, variance, special use permit or other permits shall be considered by any board officer or agency of the Town while the moratorium imposed by this Local Law is in effect. Section 5. Term The moratorium imposed by this Local Law shall be in effect from its effective date until December 31, 2012, unless extended by Resolution of the Town Board. Section 6. Penalties Any person, firm or corporation that shall establish, place, construct, enlarge or erect any Commercial wind farm facility in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to: A. Such penalties as may otherwise be provided by applicable local laws, ordinances, rules, regulations of the Town for violations; and L' B. Injunctive relief in favor of the Towif'to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction that may have taken place in violation of this Local Law. Section 7. Validity The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. Section 8. Hardship A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Cortlandville in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision, or other permit during the period of the moratorium imposed by this Local Law. 50 APRIL 04, 2012 TOWN.BOARD MEETING PAGE 5 B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a Public Hearing on said application upon five (5) days' written notice in the official newspaper 'o£ the Town. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within fifteen (15) days of the close of said Public Hearing, render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. Section 9. Effective Date This Local Law shall take effect immediately when it is filed in the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. Neither Town Clerk Snyder nor Attorney Folmer had any business to report. RESOLUTION #64 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY BESTWAY OF NEW YORK, INC. TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Bestway of New York, Inc. for property located on Luker Road, tax map #86.17-02-01.000, shall be forwarded to the Town and County Planning Boards for review and recommendations. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated March 26, 2012, regarding the successful completion of the New York State Community Development Block Grant for Blodgett Mills. All voting aye, the motion was carried. i� Supervisor Tupper apprised the Board that agenda item I-5 regarding Amnesty Week was tabled until the April 18, 2012 Town Board Meeting to allow Highway Sup't. Bush time to get more information. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Kevin Whitney, Cortland County Legislator and Chairman of the Judiciary and Public Safety ,Committee, dated March 26, 2012, thanking the Town for its donation to the Cortland County Sheriff's department for the purchase of Tasers. All voting aye, the motion was carried. RESOLUTION #65 PROCLAIM MAY 6, 2012 AS THE AMERICAN CANCER SOCIETY'S MAY DAY FOR RELAY AND THE OFFICIAL KICK OFF OF RELAY FOR LIFE IN THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman- Proud VOTES: ALL AYE ADOPTED 51 APRIL 04, 2012 TOWN BOARD MEETING PAGE 6 .y Ci• WHEREAS, an estimated 103,340 NY residents are diagnosed with cancer each year, and 34,540 NY residents will not survive, and WHEREAS, the Town of Cortlandville is joining over 5,000 other communities worldwide to host the American Cancer Society's Relay for Life, an event to celebrate cancer survivors and remember those who are no longer with us, and WHEREAS, Relay for Life raises funds to help the American Cancer Society create a world with less cancer and more birthdays by helping people stay well, get well, find cures, and fight back, therefore BE IT RESOLVED, the Town Board does hereby proclaim May 6, 2012 as The American .Cancer Society's May Day For Relay and the Official Kick Off of Relay For Life in the Town of Cortlandville, and further urges citizens to celebrate cancer survivorship, remember loved ones lost to the disease, honor caregivers and join the Town of Cortlandville's fight against cancer. Only together will we find a cure. In other business, Supervisor Tupper apprised the Board the closing took place April 4, 2012 for the USDA loan. The funds should be in the Town's bank account by Friday April 6, 2012. Supervisor Tupper stated it would probably be 6 weeks before the Town heard anything about the grant for the Route 13 Sewer Rehabilitation Project, however James Trasher from Clough Harbour & Associates indicated it may be sooner. Also, Supervisor Tupper indicated that sales tax discussions were beginning. Some private meetings with the individuals involved were held already, and public meetings would be held soon. Councilman Leach commented on the Town of Cortlandville and Town of Solon helping the Village of McGraw work on its pond, and commended Highway Sup't. Bush for lending a hand. Councilman Leach also commented on the NY Jets training camp for the upcoming summer and the addition of quarterback Tim Tebow to the team. He was very excited about the new player and expected there would be an increase in tourism in the County. Councilman Rocco apprised the Board he was receiving phone calls with regard to four - wheelers in McGraw and noise, and gave a copy of the Town's Noise Ordinance to each board member in the event they receive phone calls as well. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was 'carried. The meeting was adjourned at 5:30 p.m. Respec fully 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 April 13, 2012. The draft version of this meeting was approved as written,at;the Town Board meeting of April 18, 2012.