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HomeMy WebLinkAbout11-20-2012no NOVEMBER 20, 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; Town Historian, Jeff Guido; Town ZBA Member, David Alexander; Barb Leach; Victor Siegel; News Reporters: Neil Benjamin 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 November 7, 2012. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of October 30, 2012. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Zoning Board of Appeals Minutes of October 30, 2012. All voting aye, the motion was carried. There was a brief discussion regarding the Purchase Order to be paid to Seneca Drillers for drilling and samples at the Blodgett Mills test well. Supervisor Tupper mentioned that the Town was doing some exploration for an alternate source of water outside of the Preble/Otter Creek Aquifer. So far the testing was successful, pumping almost 700 gallons of water per minute. The Town was conducting the research for the future expansion and growth of the Town. RESOLUTION #214 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0135 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0135 submitted by Engineer Hayne Smith to be paid to Seneca Drillers for drilling and samples at the Blodgett Mills test well, for the total cost of $5,800.00. RESOLUTION #215 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #584 - 608 $ 88,260.18 General Fund B B 160 - B 166 $ 780.80 Highway Fund DB D443 - D455 $ 76,126.44 Special Grants C32 - C33 $ 25,110.00 Water Fund W315 - W326 $ 6,725.43 Sewer Fund S153 - S163 $ 65,569.09 1 19 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Jeff Guido. Town Historian, Jeff Guido updated the Board on his recent work. He attended the local meeting of the Association of Public Historians of New York State on October 6, 2012 at the Brockway Museum. Mr. Guido apprised the Board he was contacted by Reverend Robert Calvert in 2011 regarding the condition of a headstone that marks one of his relatives at the South Cortland Cemetery. Since the Town owns the cemetery, Mr. Calvert requested permission from the Town to install a new stone at his expense. Attorney Folmer suggested a copy of the adopted resolution be provided to Mr. Guido to be forwarded to Reverend Calvert. RESOLUTION #216 AUTHORIZE REVEREND ROBERT CALVERT TO INSTALL A NEW HEADSTONE AT A RELATIVE'S GRAVE LOCATED IN THE TOWN OF CORTLANDVILLE'S SOUTH CORTLAND CEMETERY Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Town Historian received a request from Reverend Robert Calvert to install a new headstone at one of his relative's graves located in the Town of Cortlandville's South Cortland Cemetery due to the deteriorating state of the current stone, and WHEREAS, the cost of the new headstone and its installation shall be paid for by Mr. Calvert, therefore BE IT RESOLVED, the Town Board does hereby authorize Reverend Robert Calvert to install a new headstone at the grave site of his relative who is buried in the Town of Cortlandville's South Cortland Cemetery located on Route 13. Mr. Guido apprised the Board he was in contact with Brian Mackenzie from Keegan & Associates with regard to the Town's new website. He submitted information to Mr. Mackenzie, including photographs that he has taken to be included on the website. Supervisor Tupper: I had one more request. Ted asked if he could make a comment this evening at privilege of the floor. Councilman Testa: Just a minute or so. I have discussed it with some of these Board members and I would like to put a proposal that we ban turbines, on conditions. Number one John Proud, Rocco and John Folmer since January have been working on turbines and I would say John we are about ninety-five percent (95%) done. And if we put and if you join me in banning these turbines would also like us to finish the tur... the banned on turbines. That make sense? ?: Yes! No! Councilman Testa: I would like to ban the turbines but also would like to have the proposal on file finished. That's the way I would like to put the proposal. Is that possible John? Attorney Folmer: Well, I think you, you exercise your decision to either put in place a ban. Councilman Testa: Right! Attorney Folmer: Or adopt the ordinance one or the other or and if you decide to adopt the ban, then the ordinance becomes a piece of paper that we have somewhere in a file. Councilman Testa: But I need a commitment. We need, if we are going to vote on this we need a commitment that we're going to, if the ban works that we need to finish the proposal. Not be left with ninety-five percent (95%) in the file. 170 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 3 Councilman Rocco: (whispering) ... turbines ... ban turbines... Councilman Testa: (whispering) Let's... Attorney Folmer: I'm sorry Ron. You want to say that why don't you tell these folks... Councilman Testa: Go ahead why don't you tell everybody. Councilman Rocco: It's my understanding we're all familiar with the Rensselaerville banning of turbines and of course I call them turbines too, so it's turbines, and the industrial turbines not the small ones for the backyard use. Right Teddy? We're still going to allow the small ones ... Councilman Testa: Yeah it's in the ordinance ... right. Councilman Rocco: But it's the large industrial turbines. This doesn't fit with the plan that we have for growth in our town. We are talking about running out of room for housing perhaps doing some studies on places where we may bring services and this will really put a cramp on our doing that. I think it's an enlightening idea in view of the fact we have studied this for so very long and I think we have gone into this for much more than any other town has. But Rensselaerville has an ordinance, which they are near Albany. Of course they voted unanimously after having a study committee, (whispering) after having a study committee, we all got a copy of that, that's three (3) pages long and gives the reasons that it just doesn't fit in with the growth pattern that we have for our town, and that they're incompatible and they would be a hindrance to growth for Cortlandville. Councilman Testa: Yeah, but I am talking about two (2) different proposals. I am talking about banning these and also finishing the work that you and John and John Folmer did that that work doesn't go unfinished. Because in maybe in five (5) years from now we are going to bring this back and the proposal is in the file. That's what I am asking Folmer. Attorney Folmer: Well, all right but the question... what you are really raising are two (2) different courses of action. Councilman Testa: But I wanted to combine jointly. Attorney Folmer: Well then maybe what you do is you finish the work on the ordinance and then consider a ban or you do the ban now. That's up to you. But I ... you are asking for two (2) different things. Councilman Testa: But I want to make sure that the people that worked on this ban, you three (3) guys in particular get your dues. Because guys like John Proud were very helpful did an awful lot especially for a guy like me. And I don't know if he going to vote for this banned or not, but that doesn't make any difference. But it shouldn't be left alone six (6) months from now, then we are going to vote on it. So I can't understand why we can't banned them if that's the wishes of the Board. And if they say no then we can continue on with the turbines. Councilman Rocco: If we outright ban them... Councilman Testa: Ban... right... Councilman Rocco: If we outright ban them then we... Councilman Testa: On conditions though John. Attorney Folmer: Okay. Supervisor Tupper: So you're talking about banning them and John is saying if you are going to ban them you don't need an ordinance? Councilman Rocco and Councilman Testa: That's right ... Attorney Folmer: It's inconsistent it seems to me to adopt a ban that says you can't construct a commercial wind facility in the town. 171 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 4 Supervisor Tupper: Right. Attorney Folmer: And then adopted an ordinance which purports to permit the location... Councilman Testa: Wait a minute. We are not adopting an ordinance to permit them. Councilman Rocco: That is what the ordinance does. It is a law that they have to follow in order to... Supervisor Tupper: Correct. Councilman Rocco: In order to build these things. Councilman Testa: If you've got the ban and your only keeping this material on hand because you guys have done a year's work on it you still got... what are going to do start all over two (2) years from now. Councilman Rocco: Well then we don't make it a law. We just file it away. Councilman Testa: Right. Okay. Supervisor Tupper: You mean finish. Attorney Folmer: If you are going to adopt a ban then it seems to me that you put the ordinance in a file. But I think what you are suggesting is that you've got to commit yourselves to finishing the draft of the ordinance. Alright. Councilman Testa: Right. Right. Supervisor Tupper: That's county and town planning boards and even having a public hearing? Attorney Folmer: No. I think it would stop. You get your ordinance drafted so that you folks think that it's what you want and then you put it on file if you adopt a ban. But I think what you're asking is, if you're going to have a ban we need to commit to finishing the work on the ordinance so we have an intact to file. Councilman Testa: That's right. It's only fair to the people. Councilman Rocco: To file but not to make it into law. Councilman Testa: Right. Attorney Folmer: That's right. Councilman Rocco: So that they have a starting point to go. Councilman Testa: You know what I want Ron. Councilman Rocco: No, no, no, but I want to understand this. Councilman Testa: He explained it. Supervisor Tupper: Okay John I guess... Councilman Testa: He explained it. It's not going to be a law. It's going to be... Supervisor Tupper: I have a couple of questions for John. John, we have always understood that you could not ban any industry from coming into your community as in adult book stores. You can't use planning and zoning to ban them. Attorney Folmer: There is a change in some of the cases that indicate that under certain circumstances you are able to do that. Supervisor Tupper: So this is a defensable position. Attorney Folmer: It seems to be, could be defensable. Yes. 1-7 2. NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 5 Councilman Rocco: And it was in Rensselaerville. Attorney Folmer: We have not had a definitive ruling by a court that would say that you can do this. Some courts have said that you can. Some have said you cannot. Supervisor Tupper: Are any of these bans going through the courts now do we know. Attorney Folmer: I'm not aware of any Councilman Rocco: Neither am I of any challenges. Councilman Testa: Okay John. My reason is because of the time that you three guys, especially Mr. Proud that has spent so much time, and it's not fair for the people that are in favor of this to just throw this in a basket. Councilman Proud: Ted. I don't think you got a second on the motion. Councilman Testa: No. I'm just putting this out for discussion. Councilman Rocco: I'll second. Councilman Testa: Okay go ahead. Rocco seconded. Councilman Proud: It's confusing to me in this regard. If we want to go for a ban, if the town wants to go for a ban, I don't see the point in putting more effort into something that is ninety- five percent (95%) complete now. Simply because if we come back in two (2) years or so we are probably going to use that as a guideline but it's probably going to be reworked for whatever reason. But ... Councilman Rocco: Something to start from. Councilman Testa: Right. Councilman Proud: Yeah. Councilman Testa: Why I brought this up John is because of guys like you that spent you know... we had some hussles here a little. I guess that's the nice way to put it. (laugh) And we didn't agree on a lot of things and to see all this effort just thrown in the basket I'm not in favor of that. Councilman Proud: But now we are at a point where we pretty well ... Councilman Testa: Right. Right. Councilman Proud: I say bring it up for discussion. I think, I think that when we get to the public phase of it there are liable to be considerations that are brought up that we haven't discussed and issues that some people might see. But I've got, I have some issues in the back of my mind that we haven't discussed and I'm not sure where they fit into that discussion. Councilman Testa: The only thing I can say is that Cortlandville generates sixty-eight percent (68%) of the sales tax. Without Cortlandville this county could not survive. We have the best location in the world and that's probably what makes us so popular out here. We just talked a little while back about hiring a consultant to expand Cortlandville. Why are we monkeying I around with these bans? Councilman Rocco: You mean with these turbines. Councilman Testa: Turbines. Councilman Rocco: Yeah. Councilman Testa: That's my feeling. We're going to expand. We've got a great company that is going to come out to South Cortland here now. You know, we are running out of room. To me that's just common sense by going the right way we are on the right direction. That thing 173 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 6 that we are talking about right now, you guys put in a lot of work. I just thought I'd put that up so that guys like you that worked so hard on it, we'd have something on file. Councilman Proud: I don't mind working hard on it ... I just think the resolution that we passed back in February ... that what we've got is what we set out to have which is safe, sound and reasonable regulations. Councilman Testa: Yeah, right. Councilman Proud: But that doesn't mean that the people of the town want it. Councilman Testa: Right. Councilman Proud: So I say lets, lets finish it. We're ninety-five percent (95%) there. Let's finish it and listen to what ... Councilman Testa: We can always finish it John. If we put this motion ... we can finish it ... we can have committee meetings. Would you need a public hearing? Councilman Rocco: Yeah. Supervisor Tupper: Before you pass the law ... Attorney Folmer: If you're going to pass a local law. And I would suggest to you this. You don't just enact a ban by saying tonight we're going to have a ban. Councilman Testa: Right. Attorney Folmer: I would think that if you decide that if it's the majority of the Board's desire to consider the adoption of a ban then I would make, I would suggest that your motion be that you direct me to draft ... Councilman Testa: You're right. Attorney Folmer:... a local law which amounts to a ban. And if the majority of you wish to do that I will undertake to do that. Supervisor Tupper: And this, you're saying local law not... Attorney Folmer: Yes it would have to be a local law. Councilman Testa: ... yeah. Councilman Rocco: But that's not to say that we can't put the material that we have done so far to date in a file so if some future board wanted to entertain this when these things are shorter and they, you know, they do street lights and they are eight foot (8) tall or whatever new technology brings ... Councilman Testa: Right. I discussed this with the local law with John. Attorney Folmer: Yeah, absolutely. You've done this. If you decide to do this other, do the ban, that's a change in the position that you took in February when you voted to adopt, to have us draft an ordinance that was reasonable and located these things on a reasonable basis. If you now change your mind and want to adopt a ban so be it, but we can ... we'll put the work that we've done into a file where we know that it's there and in the future if you wish to take this up again as you've said it's a place to start to reconsider. But the first step is you've got to authorize me to draft a local law that amounts to a ban. And you need to do that by a vote of the Board. Supervisor Tupper: Okay Ted if you want to re -do your motion. Councilman Testa: The reason ... John. The only reason why I want to ... you guys have put a lot of time in. I just didn't want this to go in the basket and that's why I wanted to finish this topic. That was my concern about guys like you and Proud and Rocco. Okay? 179 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 7 Attorney Folmer: Okay. Councilman Testa: Okay. Alright. I'll put that motion in effect. I need a second. Councilman Rocco: Second. Supervisor Tupper: Karen have you got it the way that John um ... Town Clerk Snyder: I believe so. Can I say it back ... Supervisor Tupper: Yes. Councilman Rocco: So any future Board can bring it back though right ... bring it right back. Town Clerk Snyder: The Board is authorizing our town attorney to draft a local law to ban commercial turbines. Attorney Folmer: Commercial wind farm, well... Supervisor Tupper: Whatever the technical name is. Attorney Folmer: Wind energy conversion systems. Supervisor Tupper: Yeah that's right. Councilman Rocco: We have to be very specific because of the word play that has been going on in the legislature. Supervisor Tupper: Are you comfortable with that? Town Clerk Snyder: Systems. Authorize town attorney to draft a local law to ban commercial wind energy conversion systems. Attorney Folmer: In the town. Supervisor Tupper: In the Town of Cortlandville. Councilman Rocco: That's not the home variety right. Supervisor Tupper: No. Attorney Folmer: We already have provisions in an ordinance adopted which regulates the construction and installation of small systems, the backyard systems, and that would be unaffected by this resolution. Councilman Rocco: To make it perfectly clear... I don't know I like to make things exactly clear to the general public... maybe we can put in industrial wind turbines after the WECS part in parentheses as the nomenclature used by the general common man. Attorney Folmer: I think that the resolution if you are going to ban them ought to ban what they are and that is the WECS that we've talked about. Supervisor Tupper: Correct. Councilman Rocco: And we spell out what WECS means? Supervisor Tupper: She is not going to use the abbreviation. Councilman Rocco: Okay. Councilman Testa: Now Dick would you give us a roll call? Supervisor Tupper: You can ask for a roll call vote. Councilman Testa: I want a roll call starting with John Proud. Supervisor Tupper: Okay. Are we all done with the discussion? I think Karen calls the roll in alphabetical order I would guess. 175- NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 8 Town Clerk Snyder: Well, I'm actually probably going to call it as you are sitting. Mr. Proud? Councilman Proud: No. Town Clerk Snyder: Mr. Rocco? Councilman Rocco: I wish to ban them, yes. Town Clerk Snyder: Mr. Testa? Councilman Testa: Yes. Town Clerk Snyder: Mr. Tupper? Supervisor Tupper: No. Town Clerk Snyder: Mr. Leach? Councilman Leach: No. Town Clerk Snyder: It does not pass. Supervisor Tupper: The motion doesn't pass. RESOLUTION #217 AUTHORIZE TOWN ATTORNEY TO DRAFT A LOCAL LAW TO BAN COMMERCIAL WIND ENERGY CONVERSION SYSTEMS Motion by Councilman Testa Seconded by Councilman Rocco VOTES: Councilman Proud Nay Councilman Rocco Aye Councilman Testa Aye Supervisor Tupper Nay Councilman Leach Nay MOTION FAILED The monthly report of the Town Justice for the month of October 2012 was on the table for review and is filed in the Town Clerk's Office. Councilman Rocco: So I just, if I could back up to the last discussion. So it will be made perfectly clear who wished to have these industrial turbines on this board. Supervisor Tupper: No. All we are saying is that we don't want to ban them until we finish working on the ordinance. Once we finish working on the ordinance we can pass a ban. But I... we've got too much money and too much time invested in this work to write an ordinance that we started out a year ago to do. We need to finish the ordinance, let the public have its review. If the public review comes back in a negative manner then certainly I could change my vote. Right now I have five or six people that are talking to me about the public participation. We don't have thousands of people. We don't know who is in favor, who is opposed. Councilman Testa: We were going to do that anyway Dick. Supervisor Tupper: Yeah but we can't do that with what you're doing. Councilman Testa: Yes I can. Yes we can. Supervisor Tupper: No John is saying that you can't have public hearings. There is no sense in passing a law. Councilman Testa: Yes you can. He said it. 17( NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 9 Attorney Folmer: Now wait. Wait. Councilman Testa: I'm sorry to go back but that's what I heard. Correct me. Attorney Folmer: If you decide to pass a ban you have to do that by means of a local law, which means you are required to have a public hearing on the question of whether or not there should be a ban in place. Okay. The other alternative is you go forward with the process of adopting your ordinance as you have drafted it or are about finished drafting it and you go ahead with a public hearing with regard to the enactment of that ordinance. If as the result of what you hear at the public hearing you become convinced that it is not appropriate to adopt your ordinance but to adopt instead a ban you could do that at that point in time based on publicparticipation in your ordinance process. If as the result of your public participation you decide to adopt a ban rather than adopting an ordinance that you drafted, then in effect what Mr. Testa has suggested will happen. You will adopt the ban. You will have had the benefit of the public's reaction to your ordinance but the ordinance is not going to be adopted it will be put in a file to be used in the future. So you can do this. The question is even if you decide to proceed with the ordinance doesn't prohibit you from at some point in the process adopting a ban. Supervisor Tupper: That's why it's not an accurate statement Ron to say that we are in favor or opposed. We want to go forward. Councilman Rocco: So what Karen comes up with for a statement is going to say what? Town Clerk Snyder: Authorize Town Attorney to draft a local law ... Supervisor Tupper: Motion failed. Town Clerk Snyder: ... for banning commercial wind energy conversion systems in the Town of Cortlandville and the roll call failed. That's what it is going to say. Supervisor Tupper: That's what the minutes will reflect. Councilman Rocco: So you're not outright, you're not outright saying that you won't change your vote but this doesn't specifically say that we are ... you know we ... the town has decided by numbers ... Councilman Testa: Let me ask John Proud. Councilman Rocco: ...who is going to be ... I mean that we are banning these things at this point because you want more information, Greg wants more information from the public, and John wants more information. Councilman Testa: Is that right John? Is that your reason? I'm asking you. Councilman Proud: ... Councilman Rocco: So I would like the motion to read that. Councilman Testa: Your reason is what? Councilman Proud: My reason is ... Councilman Testa: You want us to finish ... Councilman Proud: ... it's premature ... it's premature at this point to go ahead with a ban. Alright. We've ... we've accomplished what we set out to accomplish ... Councilman Testa: Right. Right. Councilman Proud: ... The only part that we haven't accomplished is now the final part where we have public hearings and listen to what the public has to say about this. We've approached this from my point of view from a very technical point of view. How high are they etcetera. Some issues have been brought up. Victor's brought up issues of the financing. Mike Barylski has brought up issues of land development. Alright. But there are other issues that I think that 1 1 11 177 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 10 can be brought up and will be brought up at the public hearing ... I want to hear all of those views that are there. Then we can make a final decision on what we're going to do. But until then I think it's premature and that's why I voted against it. Supervisor Tupper: Thank you. Councilman Rocco: I would like the motion John to read exactly ... Supervisor Tupper: You can't change a motion after it's been read and voted on Ron. Councilman Rocco: Well ... okay well, yes we can. Supervisor Tupper: No you can't change the language Councilman Proud: You can make another motion. You can make another motion. Supervisor Tupper: You can make another motion. Correct. Councilman Rocco: I would like it to read what we really meant. Not the way that it's been proposed to be. Supervisor Tupper: No. I mean a motion was made for a ban and the motion failed. Councilman Testa: I think ... I think they made themselves clear. Let them go through the other five (5) percent. We can bring it up again. Am I correct, John? Councilman Rocco: But you are not saying that you want to ban these or that you want to ... Councilman Testa: I'm saying that we're just want to finish that document. Supervisor Tupper: I want to hear from the public. Attorney Folmer: I think that really what you have done by not adopting Mr. Testa's motion is merely saying that you are going to go forward with the process involving the adoption of the proposed ... of the local ordinance that you have drafted. You're going to ... you're going to ... When the thing is finally presented to you formally you're going to ... The first thing you're going to do is to send it to town planning board and the county planning board for their comments. That's going to provide you with some comments and some expertise that we haven't had up to this date. You're then going to have to schedule a public hearing in which you can hear from the general public as to what is going on and what their feelings are with regard to it. You're to have to do a SEQRA process that will identify perhaps ... that will identify perhaps environmental concerns that may or may not have been considered at this point in time. And at that point if you decide based on all of that information that you're given that what you want to do is adopt a ban as opposed to this ordinance you can certainly do so. Councilman Testa: That's it. Thank you. Supervisor Tupper: Thank you John. Councilman Rocco: So ... so what is the motion? Councilman Proud: The motion ... Attorney Folmer: The motion is very simple. Councilman Testa: ... it got beat. Attorney Folmer: The motion ... the motion was to direct me or authorize me to draft an ordinance banning the construction of W ... commercial wind conversion systems within the town. That motion did not carry. That's it. I'm not going to draft an ordinance banning the construction of these facilities in the town at this point in time because you haven't directed me to do it. 1.78 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 11 Councilman Rocco: And no reasons... the reasons that were given cannot be added to that motion ... at the end of that motion to explain that we don't have three people for wind turbines and two that are voting against it? Councilman Proud: I didn't vote for wind turbines. Supervisor Tupper: I didn't vote for wind turbines either. Councilman Rocco: I know but I want it to read that perfectly clearly in the motion. John. Councilman Testa: John Proud. What did you say John? Councilman Proud: Ted made a motion, you seconded it. We voted on it. I would suggest that it's clear to everybody and we just move along. Councilman Rocco: It's not clear to everyone and I don't want to move along. I want John's opinion, not John's opinion. Councilman Proud: John just gave you ... Councilman Testa: I think he just explained it. Councilman Rocco: No! Attorney Folmer: I think what Mr. Rocco is wanting me to say that the motion that was made and defeated does not indicate one way or the other the way that the members of this board have finally determined whether or not they are supportive of the installation of these systems. I think Councilman Rocco: Precisely! Attorney Folmer: I think that's what he wants the motion to say. Supervisor Tupper: Well that's exactly what I said. I said Attorney Folmer: And I think ... Councilman Rocco: And that's exactly what I would like to see. Supervisor Tupper: Greg said exactly the same thing. Attorney Folmer: Yes. But I don't think that's an appropriate inclusion in the motion. Councilman Rocco: It could be the motion.. the next motion to be made. Supervisor Tupper: How would you make a motion on how you're going to vote three months or five months from now after a public hearing. Councilman Rocco: No. No. It's what we just did. Supervisor Tupper: Yes. We just voted against a ban. We are moving forward to let the public participate. At least that is why I voted. I assume Greg voted for that same reason. Councilman Rocco: Yeah and I want the reasons why which John gave. Councilman Testa: Excuse me. He gave you the reason. He wants to get the public involved. Alright. Let's go on. We'll do this next month. Attorney Folmer: Well, the minutes can reflect ... the minutes can reflect that you... Supervisor Tupper: I'm sure they will ... Attorney Folmer: ... that those of you who voted against the ban did so reserving your right to make a final determination as to the installation of these systems. Councilman Rocco: And will the minutes reflect that? 179 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 12 Attorney Folmer: Well the minutes can reflect that. Town Clerk Snyder: It can. Councilman Rocco: I know but are the minutes going to reflect that? Supervisor Tupper: Karen will put her comments. Town Clerk Snyder: Well ... it's normally the procedure of the Town Clerk of the Town of Cortlandville out of courtesy puts conversations within the minutes. I am not required by law to have any conversation within town board minutes. Motions, resolutions, who is in attendance, day, time, where the meeting is being held. I put conversations in the minutes as a matter of courtesy so you know from one meeting to the next what it is you may have said or what is going on. But I'm not going to have in the minutes this battle. I'm going to have exactly what I feel and what is being picked up on the tape the interpretation of this resolution that Ted made the motion, you seconded, and that was to authorize the town attorney to write a local law to ban commercial conversion wind turbines whatever that language is. It was not a resolution who's in in favor and who's not in favor. It was to draft a local law. Councilman Rocco: And for ... to do common courtesy I'm asking you to add the additional information that fills in the blanks that they have not outright come out for these things. That the board has ... Town Clerk Snyder: But the board members all ... Attorney Folmer: Would the board have any objection to Karen and I putting together ... Town Clerk Snyder: We'll do it verbatim. Attorney Folmer:... this section of the minutes so that we indicate that you have reserved your right to make a final determination on the location of turbines. When the minutes come to you in draft form for approval you can review them and if you don't like what's in there you can change that portion of those discussions. Councilman Testa: Fair enough. Councilman Proud: We appreciate you doing that. Supervisor Tupper: Thank you John. Councilman Testa: Fair enough. Let's go on. There was discussion regarding the 2013 Budget. Supervisor Tupper explained that the Preliminary Budget for 2013 was in a slightly different format than in the past due to a change in the computer software. The proposed budget listed the Tentative Budget in column 3 and what would be the Adopted Budget in column 4, therefore any changes from the Tentative to the Final Budget could be seen. Supervisor Tupper thanked the Board, Department Heads, and Town Bookkeeper Hicks for their efforts with the budget. He stated that the tax rate would remain the same as in 2012, however the water and sewer benefit tax rates had not yet been computed. Town Clerk Snyder explained that the dollar amount to be paid in 2013 was correct however the water and sewer benefit tax rates had not yet been -computed. Councilman Testa and the Board thanked Supervisor Tupper for his efforts in the budget process. RESOLUTION #218 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2013 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 13 WHEREAS, on the 71h day of November, 2012 the Town Board of the Town of Cortlandville, held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax on benefited properties in the Town Sewer Improvement District, approved by the Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2013, and having heard all persons in favor of, or against any items therein contained, therefore BE IT RESOLVED, the preliminary budget is hereby approved as filed, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January O1, 2013, and such annual budget, as so adopted, is filed with the Town Clerk, and it is further RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budget to the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. Attorney Folmer reported: Annexation of Land from Village of Homer to the Town of Cortlandville: Attorney Folmer apprised the Board he drafted a petition for the annexation of land from the Village of Homer to the Town of Cortlandville. One of the owners of the property was being represented by Attorney Newman. Once the petition has been approved by the Attorney Newman on behalf of his client, Attorney Folmer would contact the other parties to sign the petition and the Town could proceed. Both the Town and the Village would be required to conduct a hearing on the matter, which would not occur until 2013. Attorney Folmer had the survey and the descriptions of the two lots involved. Demolition of Unsafe Building — Route 13 Partners, LLC: As the Board was already aware, Attorney Folmer stated that the Order to Show Cause required that service be accomplished on the principals no later than November 16, 2012. Attorney Folmer was in receipt of the Affidavits of personal service and service by affixing and mailing on Mr. Caracocly as well as on Mr. Freeman. In addition, Attorney Folmer had a communication from the Court indicating that Mr. Caracocly asked for an adjournment of the November 301h court date as he was going to be out of state. The Judge was not going to consider a request for an adjournment until he received and reviewed answering affidavits, which were required to be filed by November 28th. The Judge also pointed out that the Limited Liability Company (LLC) may appear only through an attorney. At this point the hearing date is November 30t and has not been changed by the Court although there was a request to do so. Finger Lake East Drive: Attorney Folmer apprised the Board that on February 1, 2012 the Board adopted a resolution which accepted Finger Lakes East Drive from the Cortland County IDA. In addition to what the Town accepted there is a very small section of the roadway known as Osbeck Lane that was not included in the resolution. Highway Sup't. Bush needs the road identified appropriately so he can advise the State of the roads the Town has within the Town. Attorney Folmer recommended a motion be made to amend Resolution #29 of 2012 adopted February 1, 2012 to include the acceptance not only of Finger Lakes East Drive but Osbeck Lane from the Cortland County Industrial Development Agency. Supervisor Tupper questioned whether Osbeck Lane was listed on the maps. Highway Sup't. Bush indicated that the name was not on the maps. Attorney Folmer stated that it was given by meets and bounds descriptions. RESOLUTION #219 AMEND RESOLUTION #29 OF 2012 ADOPTED FEBRUARY 1, 2012 TO INCLUDE THE ACCEPTANCE OF FINGER LAKES EAST DRIVE AND OSBECK LANE FROM THE CORTLAND COUNTY INDUSTRIAL DEVELOPMENT AGENCY Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED 1S-L NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 14 BE IT RESOLVED, the Town Board does hereby amend Resolution #29 of 2012 adopted February 1, 2012 to include the acceptance of Finger Lakes East Drive and Osbeck Lane from the Cortland County Industrial Development Agency. Route 13 Sewer Improvement Project: Attorney Folmer apprised the Board they needed to complete a SEQR form with regard to the Route 13 Sewer Improvement Project. Part II of the form was completed by Clough Harbour & Associates on the Town's behalf. Attorney Folmer stated if the Board had any comments or questions regarding CHA's suggested answers they could be discussed. Attorney Folmer reviewed the SEQR Full Environmental Assessment Form with the Board for the sewer improvement project. The Board found that no substantial adverse environmental impact would be caused by the improvement project. RESOLUTION #220 DECLARE NEGATIVE IMPACT FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE SEWER DISTRICT (ROUTE 13) IN THE TOWN OF CORTLANDVILLE AND AUTHORIZE SUPERVISOR TO SIGN SEQRA FORM Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full Environmental Assessment Form for the increase and improvement of facilities of the Townwide Sewer District (Route 13), therefore BE IT RESOLVED, the Town Board as Lead Agent does hereby declare that the increase and improvement of facilities of the Townwide Sewer District (Route 13) in the Town of Cortlandville, shall have no significant environmental impact, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA form for said proj ect. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the New York State Homes & Community Renewal, dated November 2, 2012, regarding the Single Audit Management Decision Letter for the fiscal year ending December 31, 2011 (HOME Program), stating that the audit is complete as submitted with corrections. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from the USDA Rural Development, dated November 8, 2012, regarding the Civil Rights Compliance Review of Sewer Improvements (loan 97-04) indicating that the Town is in compliance with civil rights requirements. All voting aye, the motion was carried. RESOLUTION #221 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND LEAMON AND DORENE EATON FOR THE TOWN'S 2011 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM 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 Owner - Occupied Loan Agreement between the Town of Cortlandville and Leamon and Dorene Eaton, 1596 Oakcrest Street, Cortland, New York, for a 100% deferred loan for the 2011 Community Development Block Grant Housing Rehabilitation Program in the amount of $25,896.72. -18 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 15 RESOLUTION #222 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN'S 2011 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM BETWEEN THE TOWN AND LEAMON AND DORENE EATON Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit regarding the Town's 2011 Community Development Housing Rehabilitation Program, between the Town of Cortlandville and Leamon and Dorene Eaton, 1596 Oakcrest Street, Cortland, New York regarding the extension of loan funds by the Town's CDBG Program for the total amount of $25,896.72. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from the New York State Department of Transportation, dated November 13, 2012, regarding the Americans with Disabilities Act Sidewalk Replacement Project which includes the replacement of a sidewalk located at the intersection of Route 13 and McLean Road in the Town of Cortlandville. All voting aye, the motion was carried. RESOLUTION #223 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE TWO NEW 2013 CHEVROLET SILVERADO 3/4 TON PICKUPS FROM THE NATIONAL JOINT POWERS ALLIANCE CONTRACT #102811 BID Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Sup't. to purchase two New 2013 Chevrolet Silverado 2500 HD (CK20753) 4WD Ext Cab 144.2" LT from the "National Joint Powers Alliance Contract #102811" Bid through the National Auto Fleet Group, for the cost of $29,991.70 each, plus any DMV fees. Supervisor Tupper indicated that Highway Sup't. Bush not made a final determination as to which two highway trucks would be replaced. Once he made his decision the two trucks would go to the auction. Supervisor Tupper also mentioned that the two new trucks would actually be purchased through a local dealership which he was pleased with. There was discussion regarding correspondence from Cortland County Soil and Water Conservation District regarding the Stormwater System Maintenance Program — Phase II. Supervisor Tupper mentioned that Phase I of the program was for research, while Phase II would be to conduct the actual inspections of a minimum of ten facilities. Attorney Folmer suggested Supervisor Tupper draft a letter to the SWCD indicating that the Board agreed to Phase I for the cost of $6,000 in 2012, and also agreed to Phase II of the project for the cost of $6,000 to be conducted in 2013. Supervisor Tupper agreed to do so. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the following Contract and Subcontract Activity Reports: HOME Grant Program — Project ID #20083182 Senior Housing Rehabilitation Program; CDBG — Town -wide Low -Income Housing Rehabilitation Program; CDBG — Pyrotek and Pall Corp. All voting aye, the motion was carried. 1.83 NOVEMBER 20, 2012 TOWN BOARD MEETING PAGE 16 Councilman Leach made a motion, seconded by Councilman Proud, to receive and file Cortland County Planning Board Resolution #12-33, dated November 14, 2012, as well as correspondence dated November 9, 2012 from the Cortland County Planning Department regarding the Aquifer Protection Permit Application of Crown Court, LLC for property located on Bennie Road, tax map #105.00-02-04.000 and #105.00-02-05.000. All voting aye, the motion was carried. RESOLUTION #224 ACCEPT PROPOSAL FOR PHASE II OF THE STORMWATER SYSTEMS MAINTENANCE PROGRAM FOR THE TOWN OF CORTLANDVILLE FROM THE CORTLAND COUNTY SOIL AND WATER CONSERVATION DISTRICT Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept Phase II of the Stormwater Systems Maintenance Program for the Town of Cortlandville from the Cortland County Soil and Water Conservation District, for the total cost of $6,000.00, and it is further RESOLVED, that Phase I of the program adopted by Resolution #154 of 2012 was completed in 2012, while Phase II of the program would be completed in 2013. Councilman Leach recalled that at the last meeting Board authorized the pre -approval request of Dalyce Hewes for funds through the CDBG Housing Rehabilitation Program to pay for the cost of a new well. Councilman Leach noted that he drove by the property and noticed that work commenced on the well. He was pleased that assistance could be given to someone who was in need. He thanked the Board and all those involved in the program. Councilman Rocco thanked the Board for listening to his earlier comments, and stated that the Board knew where he stood on the matter. He felt that the Board would be surprised when they heard from the public. He hoped the Board understood why he wanted the earlier motion to reflect exactly what happened, and that the votes did not reflect that the members were for turbines. Supervisor Tupper noted that the proposed ordinance has nothing to do with TCI, but that it was just an ordinance. 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 6:00 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 January 16, 2013. The draft version of this meeting was approved as written at the Town Board meeting of January 16, 2013.