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Home My WebLink About05-16-2012(�S MAY 16, 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; Code Enforcement Officer, Tom Williams; Assistant Code Enforcement Officer, Desiree Campbell; Barb Leach; Russell Freeman, Partner of Route 13 Partners, LLC; Russell Johnson; News Reporters: Eric Mulvihill from WXHC, Matthew Nojiri from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Leach made a motion, seconded by Councilman Proud, to approve the Draft Town Board Minutes of April 18, 2012. All voting aye, the motion was carried. The Draft Town Board Minutes of May 2, 2012 was presented to the Board for their review. There was a brief discussion regarding two purchase orders submitted by Water & Sewer Sup't. Alteri for the replacement of interior and exterior light fixtures and bulbs at the Town Water & Sewer Garage by National Grid. Supervisor Tupper explained that National Grid would be covering some of the cost through its energy savings incentive plan. RESOLUTION #82 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0091 AND #0092 Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0091 in the amount of 3,248.95, and Purchase Order #0092 in the amount of $3,248.94, submitted by Water & Sewer Sup't. Peter Alteri to be paid to National Grid for the replacement of interior and exterior light fixtures and bulbs at the Town Water & Sewer Garage per the Energy Audit conducted by National Grid, including lift equipment and adapters, for the total cost of $6,497.89. Supervisor Tupper explained that when the Town purchased property on Greenwood Road several years ago, the Town promised the neighbors it would plant a tree berm to block the equipment and pipe that would be stored by the Town. Neighbors of the property recently approached Highway Sup't. Bush and inquired as to when the trees would be planted. Supervisor Tupper requested the Board authorize the purchase order to allow D&L Landscaping to plant a double row of pine trees to block the view of the equipment. RESOLUTION #83 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0130 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0130 submitted by Highway Sup't. Bush to be paid to D&L Landscaping for the planting of trees on Town property located on Greenwood Road in the amount of $6,750.00. M. MAY 16, 2012 TOWN BOARD MEETING PAGE 2 RESOLUTION #84 AUTHORIZE PAYMENT OF VOUCHERS — MAY Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: made. General Fund A Vouchers #261 - 288 $ 17,241.09 General Fund B B55 - B63 $ 6,754.77 Highway Fund DB D132 - D152 $ 34,016.66 Water Fund W127 - W151 $ 47,016.63 Sewer Fund S64 - S79 $ 104,864.77 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the 2011 Annual Report for the Cortland County Area Agency on Aging. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the 2011 Annual Report for the Cortland County Nutrition Program, presented by the Cortland County Area Agency on Aging. All voting aye, the motion was carried. The monthly reports of the Fire & Safety Inspections and the Water & Sewer Department for the month of April 2012 were on the table for review and are filed in the Town Clerk's office. Councilman Rocco arrived at 5:05 p.m. Under communications, Supervisor Tupper apprised the Board he received a note from Connie White thanking the Board for remembering her husband Chuck Adams, Supervisor for the Town of Marathon, who recently passed away. The Board sent flowers on behalf of the Town of Cortlandville to honor Mr. Adams. Town Clerk Snyder apprised the Board she received notification from the New York State Department of State regarding the receipt of Local Law No. 1 of 2012, which was filed on April 19, 2012. RESOLUTION 485 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 1 OF 2012 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 1 of 2012 — Moratorium on Placement of Commercial Wind Farm Facilities, to be effective April 19, 2012. Attorney Folmer had no business to report. 67 MAY 16, 2012 TOWN BOARD MEETING PAGE 3 Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the New York State Department of Transportation, dated May 2, 2012, acknowledging the Town's request to lower the speed limit on several Town roads. All voting aye, the motion was carried. RESOLUTION 486 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE 2008 HOME GRANT - SENIOR HOUSING REHABILITATION PROGRAM, BETWEEN THE TOWN AND KATHERINE M. KING Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit regarding the 2008 Home Grant — Senior Housing Rehabilitation Program, between the Town of Cortlandville and Katherine M. King, 584 McLean Road, Cortland, New York, regarding the extension of loan fimds by the Town's Community Development Program in the amount of $6,219.40. RESOLUTION #87 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND KATHERINE M. KING FOR THE 2008 HOME GRANT - SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement between the Town of Cortlandville and Katherine M. King, 584 McLean Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant — Senior Housing Rehabilitation Program in the amount of $6,219.40. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Menter, Rudin & Trivelpiece, P.C., dated May 11, 2012, regarding the Cortland County Industrial Development Agency / N.C.W.P. LLC Project and the expiration of the PILOT Agreement. All voting aye, the motion was carried. Councilman Rocco informed the Board the last date for public comment to the Public Service Commission (PSC) regarding New York State's regulations on wind turbines was May 29, 2012. Councilman Rocco was concerned that the deadline for public comment to the PSC was not long enough for municipalities and the public to provide comments. He stated that many municipalities do not have the resources that Cortlandville has, such as an attorney or engineer, and have not had much time to discuss the issue amongst themselves, let alone time bring in anybody who would shed some light on the subject. Councilman Rocco noted that the Town adopted a moratorium on wind farm facilities twice to allow time for the Town to conduct its own study. The current moratorium expires December 31, 2012. Councilman Rocco suggested the Town ask the PSC for an extension of the public comment period for the State of New York's regulations on wind turbines to December 31, 2012, to allow the Town and other smaller municipalities the opportunity to study wind turbines. Councilman Rocco also presented a picture of the possible locations of wind turbines in Cortland County to the Board. MAY 16, 2012 TOWN BOARD MEETING PAGE 4 RESOLUTION #88 AUTHORIZE TOWN ATTORNEY TO WRITE A LETTER TO THE PUBLIC SERVICE COMMISSION REQUESTING AN EXTENSION OF TIME FOR THE PUBLIC COMMENT PERIOD REGARDING NEW YORK STATE' S REGULATIONS ON WIND TURBINES TO DECEMBER 31, 2012 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the and direct the Town Attorney to write a letter to the Public Service Commission on behalf of the Town Board, requesting an extension of time for the public comment period regarding New York State's regulations on wind turbines to December 31, 2012. Councilman Leach made a motion, seconded by Councilman Proud, to recess the Regular Meeting to a Hearing on an Unsafe Building for property owned by Route 13 Partners, LLC, located at 840 Route 13 in the Town of Cortlandville, tax map #95.20-02-07.000. All voting aye, the motion was carried. The meeting was recessed at 5:15 p.m. Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the Hearing and reconvene to the Regular Meeting. All voting aye, the motion was carried. The meeting reconvened at 5:25 p.m. With regard to the Hearing conducted on the Unsafe Building for property owned by Route 13 Partners, LLC, located at 840 Route 13, Attorney Folmer asked the Board to adopt a resolution indicating that the Board found the building to be unsafe from CEO William's report. RESOLUTION #89 DECLARE UNSAFE BUILDING FOR PROPERTY OWNED BY ROUTE 13 PARTNERS, LLC, LOCATED AT 840 ROUTE 13, IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby declare the building located at 840 Route 13 in the Town of Cortlandville, owned by Route 13 Partners, LLC, tax map 495.20-02-07.000, as an Unsafe Building according to the report from Town Code Enforcement Officer, Tom Williams, and pursuant to Chapter 86, Appendix A of the Code of the Town of Cortlandville. Attorney Folmer explained that the Ordinance provides three alternatives for the Board to consider: nothing be done, repairs made to the building, or demolish the building. Attorney Folmer requested the Board adopt a resolution directing him to prepare an Order requiring the building to be demolished. RESOLUTION #90 DIRECT TOWN ATTORNEY TO PREPARE AN ORDER REQUIRING THE BUILDING OWNED BY ROUTE 13 PARTNERS, LLC, LOCATED AT 840 ROUTE 13, BE DEMOLISHED Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED L 1 MAY 16, 2012 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to prepare an Order which would require that the building owned by Route 13 Partners, LLC, located at 840 Route 13, tax map #95.20-02-07.000, be demolished pursuant to Chapter 86, Appendix A of the Code of the Town of Cortlandville. Supervisor Tupper informed the Board an Informational Meeting would be held in the Village of McGraw on May 21, 2012 at 6:30 p.m. at the McGraw Community Center to discuss activities in and around the Village. Supervisor Tupper reminded the Board the next Town Board Meeting would be held June 6, 2012 at 7:00 p.m. at the Blodgett Mills Independent Baptist Church. 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 5:45 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 May 31, 2012. The draft version of this meeting was approved as written at the Town Board meeting of June 6, 2012. 1