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HomeMy WebLinkAbout04-28-2010APRIL 28, 2010 5:00 P.M. TOWN BOARD MEETING 0 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 Deputy Town Clerk, Kristin E. Rocco-Petrella Absent: Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Stephen Flatt; Barbara Leach; Chris and Bob Applegate; Ray Dunnigan; News Reporters: Holden Slattery from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of November 18, 2009 as written. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of December 2, 2009 as written. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of December 16, 2009 as written. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Planning Board Minutes of January 26, 2010. All voting aye, the motion was carried. The Draft Town Board Minutes of April 7, 2010 were presented to the Board for their review. RESOLUTION #74 AUTHORIZE PAYMENT OF VOUCHERS - APRIL Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #219 - 255 $113,419.12 General Fund B B34 - B42 $ 6,337.16 Highway Fund DB D118 - D140 $ 30,970.39 Trust & Agency T11 - T13 $ 23,437.90 Water Fund W80 - W97 $ 11,426.42 Sewer Fund S45 - S48 $ 2,239.10 Capital Project H28 - H42 $ 19,108.35 Supervisor Tupper offered privilege of the floor to Chris and Bob Applegate. Chris and Bob Applegate, residents of the Town of Virgil, gave a 25-minute power point presentation on gas drilling (hydrofracking) and its affects on the environment, communities, and the public. Information was provided to the Board for their review. Stephen Flatt requested privilege of the floor. Supervisor Tupper explained that the Board would not be answering any questions or discussing hydrofracking at this time. Mr. Flatt's request was therefore denied. The monthly reports of the Supervisor and Town Justice for the month of March 2010 were on the table for review and are filed in the Town Clerk's office. lO APRIL 28, 2010 TOWN BOARD MEETING PAGE 2 Under communications, Supervisor Tupper apprised the Board he received an anonymous letter on April 19, 2010 from a concerned Town resident regarding the appearance of several houses on Route 222, and the "junk" on private property. The letter was forwarded to the Town Code Enforcement Officer. Attorney Folmer Reported: Cortlandville Cultural Gateway Project — Brockway Museum: Attorney Folmer commented on the packet to be received and filed from Empire State Development (ESD) in regard to the grant for the Cortlandville Cultural Gateway Project (Brockway Museum, Central NY Living History Museum). The letter, dated March 29, 2010 requested a response within 30-days. Attorney Folmer contacted Meg Paskins, Project Manager at ESD regarding the response, and received an extension of time to submit the required information. Attorney Folmer hoped someone from the Museum would contact the Town to accomplish the paperwork. Supervisor Tupper apprised the Board that representatives from the Museum were supposed to be in attendance tonight to discuss the project, which they were not. Proposed Ordinance for the Town of Virgil: Attorney Folmer apprised the Board he received a copy of a proposed ordinance for the Town of Virgil from Attorney Pat Snyder, regarding the size of vehicles on local roads. According to the proposed ordinance, "no vehicle can operate on a town road that exceeds the standards set forth by the Vehicle and Traffic Law without obtaining a permit." Moratorium — Commercial Wind Farm Facilities: At the last Town Board Meeting, Attorney Folmer was asked to prepare a Moratorium on the location of commercial wind farm facilities. Attorney Folmer presented the Board with a proposed Local Law imposing a Moratorium for their review. He also had a copy of the Town of Virgil's proposed windmill ordinance, as well as an article from the New York Zoning Law, which he would make available to the Board upon request. Attorney Folmer suggested the Board schedule a date for a public hearing to declare a moratorium on the placement of commercial wind farm facilities between now and December 31, 2010, unless extended by resolution. Attorney Folmer also suggested the Town Planning Board review the provisions for a windmill ordinance. RESOLUTION #75 SCHEDULE PUBLIC HEARING FOR A LOCAL LAW IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for May 19, 2010 at 5:00 p.m. for a "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities" until December 31, 2010 in the Town of Cortlandville. Moratorium - Hydrofracking: Attorney Folmer apprised the Board he did not prepare a draft Local Law with regard to a moratorium on hydrofracking, as he was not sure what could be regulated. The EPA for the federal government, and the DEC have exempted the field with regard to regulations, and have not yet promulgated their own regulations. Until regulations are established, it is not known what local municipalities can and will be able to regulate. Therefore, drafting a moratorium is an "impossible task because you don't know what it is to suspend." Attorney Folmer informed the Board they could provide limits on roads. If requested, he would draft a Local Law regarding roads. 63 APRIL 28, 2010 TOWN BOARD MEETING PAGE 3 Supervisor Tupper commented that the Town already has one of the best aquifer protection laws. Regulating vehicle limits on roads may be one of the only options the EPA and DEC have not taken away. Councilman Proud questioned whether noise and odor could be regulated. Supervisor Tupper noted that the EPA and DEC have exempted noise and odor. Attorney Folmer mentioned that the DEC has exempted the Onondaga County watershed and the Catskill Mountain watershed from hyrdrofracking. Exempt does not mean to bar, but very strict regulations; it may not be possible to drill in those areas. As pointed out in a Cortland Standard editorial, if the two areas can be exempted, why can't the Town, with a sole source aquifer that provides water for '/2 of the County, obtain a similar exemption? Attorney Folmer intended to research the process by which the Town could obtain such an exemption. Supervisor Tupper suggested Attorney Folmer contact City of Cortland Attorney, Ron Walsh to combine efforts. Councilman Rocco stated that in all of his years as a member of the Board, he has never been more proud of the Board than he was today for their support on the moratorium. Attorney Folmer commented on the function of the County Wind Regulation Committee. As Mr. Dineen indicated in his letter to the Board, the Committee was responding to the application of TCI. Since TCI had not submitted any more information on the project, the Committee was not taking any further action. Therefore, the Committee did not intend to provide municipalities with a set of regulations for wind farms. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Daniel Dineen, Director of the Cortland County Planning Department, dated April 1, 2010, regarding the Wind Regulation Committee established to draft commercial wind regulations in response to the proposed commercial wind operation submitted by TCI in the Towns of Cortlandville, Homer, Solon, and Truxton. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from the New York State Department of Environmental Conservation, received April 2, 2010, notifying the Town that the DEC Division of Environmental Permits received the application for the Polkville Waterline Extension. All voting aye, the motion was carried. RESOLUTION #76 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM THOMA DEVELOPMENT CONSULTANTS TO PROVIDE FISCAL ADVISOR SERVICES RELATING TO THE POLKVILLE WATERLINE EXTENSION PROJECT Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the proposal from Thoma Development Consultants to provide fiscal advisor services in relation to the Rural Development grant/loan for the construction of the new water lines in the Polkville area, in an amount not to exceed $5,000. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Rich DeGuida, Clough Harbour & Associates, to John Helgren, Cortland County Health Department, dated April 21, 2010, regarding responses to the Health Department review comments on plans and specifications for the Polkville Waterline Extension Project. All voting aye the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Thoma Development Consultants, dated April 26, 2010, and the Draft and Final Archeological Survey completed by Birchwood Archeological Services regarding the Polkville Waterline Extension Project. All voting aye the motion was carried. l0� APRIL 28, 2010 TOWN BOARD MEETING PAGE 4 As the former Town Historian, Councilman Rocco commented on one of the reasons the Onondaga Nation had interest in the Polkville Waterline Extension Project. In the area surrounding the Ramada Inn (formerly Holiday Inn) in the City of Cortland there used to be an Indian Village and a trading post. During the construction of the hotel and the surrounding areas, all artifacts were removed from the site and sent to Albany for safe keeping. Sadly, the artifacts were later destroyed in a fire. The Onondaga Nation therefore has an interest in obtaining/preserving any artifacts. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Heather Cobb, Director of the Lamont Memorial Free Library, dated April 9, 2010, inviting Members of the Board, the Town Clerk, and Town Attorney, to a reception at the Library on Wednesday, May 5, 2010. All voting aye, the motion was carried., Supervisor Tupper discussed the correspondence from Empire State Development, which Attorney Folmer discussed earlier in the meeting. ESD granted a 10-day extension to respond to the correspondence, and to submit all of the required documentation, including a check for reimbursement for out-of-pocket expenses. Supervisor Tupper was told that Bill Breidinger would attend tonight's meeting to discuss the paperwork, however he did not. Supervisor Tupper would have his secretary contact Mr. Breidinger again. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from Empire State Development, dated March 29, 2010, regarding the Cortlandville Cultural Gateway Project (Brockway Museum, Central NY Living History Museum) and the Grant Disbursement Agreements for the project. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, 'to receive and file correspondence from Angie Wyatt, Cortland County Self -Insurance Fund, dated April 12, 2010, regarding new requirements for reporting/filing Workers' Compensation with the County. All voting aye, the motion was carried. Supervisor Tupper explained that the new requirements would be explained at the next Town department head meeting. Councilman Rocco stepped out of the meeting at 5:50 p.m. There was discussion regarding the NYS Route 13 Sewer Rehabilitation Project and correspondence from the USDA and Clough Harbour & Associates. Councilman Proud pointed out the significant difference between the cost of the project as indicated in the USDA's review of the Preliminary Engineering Report, and the amount of the project listed on Form E, dated April 20, 2010. Attorney Folmer and Supervisor Tupper would discuss the dollar amount with Rich DeGuida to make sure the total project cost, as indicated on Form E, was correct. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Christina Chamberlain, USDA Rural Development, dated April 13, 2010, including the review of the Preliminary Engineering Report for the NYS Route 13 Sewer Rehabilitation Project. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Rich DeGuida, Clough Harbour & Associates, to the USDA Rural Development, dated April 21, 2010, regarding the Town's response to the USDA's review comments, dated April 7, 2010, on the Preliminary Engineering Report for the NYS Route 13 Sewer Rehabilitation Project. All voting aye the motion was carried. 6 APRIL 28, 2010 TOWN BOARD MEETING PAGE 5 RESOLUTION #77 ACCEPT REVISED FORM E — RURAL DEVELOPMENT PROJECT BUDGET/COST CERTIFICATION FOR THE NYS ROUTE 13 SEWER REHABILITATION PROJECT Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the revised Form E — Rural Development Project Budget/Cost Certification, dated April 20, 2010, decreasing the total project cost of the NYS Route 13 Sewer Rehabilitation Project to $4,161,112.00, is hereby accepted and shall be received and filed. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Diana L. Graser, PE, New York State Department of Transportation, dated April 15, 2010, acknowledging the Town's request for lower speed limits on 11 designated roads; the 2001 official order and map establishing an area speed limit of 30 MPH that covers 8 of the requested roads; and notifying the Town that a formal investigation will be conducted on Bell Drive, Homer/Maryland Avenue, and Old Route 11. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Diana L. Graser, PE, New York State Department of Transportation, dated April 8, 2010, acknowledging the Town's request for a lower speed limit on Starr Road, between Route 215 and Page Green Road. All voting aye the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Senator James L. Seward, dated April 15, 2010, regarding the Town Board . Resolution concerning the recycling of electronic wastes, and support for the safe recycling of electronics. All voting aye the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Assemblywoman Barbara S. Lifton, 1251h District, dated April 20, 2010, regarding the Town Board Resolution concerning the recycling of electronic wastes, and support for the safe recycling of electronics. All voting aye the motion was carried. Councilman Rocco returned to the meeting at 5:55 p.m. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Village of McGraw Mayor Pamela Ross, dated April 15, 2010, supporting the Town's application for the 2010 Community Development Block Grant funds for housing rehabilitation, and thanking the Town for including the Village of McGraw in its application. All voting aye, the motion was carried. Supervisor Tupper could not recall whether the 2010 CDBG application would include eligible households in the Village of McGraw, and would therefore contact Thoma Development to inquire. RESOLUTION #78 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE 2008 HOME GRANT - SENIOR HOUSING REHABILITATION PROGRAM, BETWEEN THE TOWN AND RUTH L. INGRAHM Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED APRIL 28, 2010 TOWN BOARD MEETING PAGE 6 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 Ruth L. Ingrahm, 1372 East River Road, Cortland, New York, regarding the extension of loan funds by the Town's Community Development Program in the amount of $3,190.00. RESOLUTION #79 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE TWO NEW MOWERS AND EQUIPMENT FROM THE STATE BID LIST FOR THE TOTAL COST OF $28 790 Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and. direct the Highway Sup't. to purchase the following tractors and equipment, for a total amount not to exceed $28,790, in order to comply with the new OSHA requirement that tractors/mowers have rollover protection: - Two (2) Kubota BX2360 tractors with mowers, 60" mid -mount and turf tires, hydrostatic, 4WD ($9,559 each) - Two (2) Kubota front loader with grill guard ($2,698 each) - One (1) Kubota 50" front snowblower with hydrolic lift & chute rotation ($3,796) - Two (2) State Bid delivery charges/set-up charges ($480) AND IT IS FURTHER, RESOLVED, the new tractors will replace one 1998 John Deere 425 mower, and one 1995 Cub Cadet, that will be sold at auction. Supervisor Tupper noted the list of email addresses for Town officials included in the Board's agenda packets. He asked that they review the list and inform his secretary of any changes. Patty would distribute a final list to the officials. No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:01 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 19, 2010.