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HomeMy WebLinkAbout05-19-201073 MAY 19, 2010 PUBLIC HEARING NO. 1 5:00 P.M. LOCAL LAW OF 2010 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 2010, 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; John Soshinsky; Pam Brown; Bonnie Sherman; Judy Wade; Lee Miller; Dean Miller; Barbara Tupper; Gareth McDonald, TCI Renewables; Sheryl Small, Cortland County Relay for Life; News Reporters: Holden Slattery from the Cortland Standard, Sharon Stevans for Channel 2, Access TV, and Anne Wingard. 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. John Soshinsky, apprised the Board regarding land he owns in both the towns of Cortlandville and Solon and the possibility of wind turbines on his property. Supervisor Tupper advised Mr. Soshinsky and those in attendance that the purpose of the public hearing was to discuss the moratorium rather than a specific application. He questioned whether anyone wished to comment on the moratorium. Councilman Proud noted that the moratorium would expire December 31, 2010. Councilman Rocco commented that by adopting the moratorium on commercial wind farm facilities, all Town boards would be up to speed on regulations for wind farms, and would allow the boards to be fair and cautious. Bonnie Sherman spoke in favor of the moratorium and felt the Board should be cautious all of the time. Pam Brown, resident of Homer, stated that she and her husband are both in favor of the moratorium. Lee Miller, Attorney, and resident of the Village of McGraw, spoke in favor of the moratorium. Dean Miller, Chemical Engineer, and resident of the Village of McGraw, also spoke in favor of the moratorium. He stated that more information was needed, and that studies are in the process right now regarding wind farm facilities. The Board should be cautious. Attorney Folmer explained that at the end of the proposed moratorium, when applications may be submitted and acted upon, there would be a set of rules to follow. Councilman Rocco commented that the Board studies all topics that will affect the Town. Gareth McDonald, from TCI Renewables, questioned the reason for imposing a legal moratorium, and questioned why the Board doesn't take the time they have to study wind farms. Attorney Folmer informed Mr. McDonald the reason for proposing a legal moratorium was to make it clear that no application is going to be acted upon during the six-month period of time the moratorium would provide. The alternative would be to take the time to study without the moratorium, and permit the filing of an application. The Board would have little or no control over the processing of that application. The moratorium makes it clear that an application is not going to be entertained by the Town Board, Planning Board, or Zoning Board of Appeals, unless and until appropriate regulations have been adopted. If the Board does not adopt a moratorium and an application is filed, whatever regulations are adopted after would not be applicable to the filed application. 7 L1 MAY 19, 2010 PUBLIC HEARING NO. 1 PAGE 2 Mr. McDonald stated that TCI is prepared to invest a lot of money and to enter into tax agreements of significance for the Town of Cortlandville. He stated that he has to justify the investment to his investors, and each time there is a setback or moratorium, it is perceived as negative and takes away from the business and potential investment. He reiterated that TCI is willing to bring the investment into this community. Mr. McDonald spoke on behalf of two residents of McGraw who signed leases with TCI, and could not be in attendance tonight; Tom McLean and Chuck Doran. The residents asked the Board not to impose a moratorium. It was their perception that the Board has had a lot of time already to find out about wind farms and consult with experienced people. They welcomed the investment to the community, as they are the people that will be affected by the wind farm by having it directly on their land; they seek to benefit from the wind farm. The individuals told Mr. McDonald that their property assessment increased this year and that the wind farm would help pay the taxes that will be levied. Councilman Rocco commented on misinformation printed in the newspaper regarding leases. He stated that the moratorium would allow the Board to find out the truth on things such as leases. Supervisor Tupper and Councilman Proud interrupted and stated it was not appropriate to discuss such things at the public hearing; the topic was on the moratorium. Judy Wade, resident of the Town, spoke in favor of the moratorium. No further comments or discussion were heard. The Public Hearing was closed at 5:25 p.m. 1 1 7.- MAY 19, 2010 5:25 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; John Soshinsky; Pam Brown; Bonnie Sherman; Judy Wade; Lee Miller; Dean Miller; Barbara Tupper; Gareth McDonald, TCI Renewables; Sheryl Small, Cortland County Relay for Life; News Reporters: Holden Slattery from the Cortland Standard, Sharon Stevans for Channel 2, Access TV, and Anne Wingard. Supervisor Tupper called the meeting to order. RESOLUTION #90 AUTHORIZE PAYMENT OF VOUCHERS - MAY Motion by Councilman Proud 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 #268 - 300 $ 23,923.94 General Fund B B49 - B53 $ 5,560.68 Highway Fund DB D 161 - D 184 $108,528.14 Trust & Agency T14 - T14 $ 18,581.48 Special Grants C20 - C23 $344,958.77 Water Fund W105 - W115 $ 10,237.07 Sewer Fund S55 - S64 $ 92,475.78 Capital Project H53 - H60 $ 9,198.22 The monthly report of the Town Justice for the month of April 2010 was on the table for review and is filed in the Town Clerk's Office. RESOLUTION #91 ADOPT LOCAL LAW NO. 2 OF 2010 IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES Motion by Councilman Proud Seconded by Councilman Rocco 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 posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and 1, MAY 19, 2010 TOWN BOARD MEETING PAGE 2 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, safety 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 the same. 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 commercial 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 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 rescission of 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. 77 MAY 19, 2010 TOWN BOARD MEETING PAGE 3 Section 5. Term The moratorium imposed by this Local Law shall be in effect from its effective date until December 31, 2010, 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 B. Injunctive relief in favor of the Town 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. 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 of 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. M• MAY 19, 2010 TOWN BOARD MEETING PAGE 4 Under new business, Town Clerk Snyder apprised the Board she received correspondence from the NYS DOT regarding the Town's request for lower speed limits on Bell Drive, N. Homer/Maryland Ave., and Old Route 11. The DOT completed their review of the roads and determined that a 30 MPH speed zone would be appropriate for each road. The official order authorizing the speed limits will follow. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Diana Graser, PE, New York State Department of Transportation, dated May 3, 2010, notifying the Town that its request for a lower speed limit of 30 MPH on Bell Drive, N. Homer/Maryland Ave., and Old Route 11 was reviewed, and deemed appropriate. All voting aye, the motion was carried. Town Clerk Snyder announced that at the April 2010 Town Clerk's Conference, Deputy Town Clerk, Kristin Rocco-Petrella received her Registered Municipal Clerk certification. Supervisor Tupper would send Mrs. Rocco-Petrella a congratulatory letter on behalf of the Board. Attorney Folmer Reported: Local Law No. 2 of 2010: Attorney Folmer indicated that the typographical errors in the draft local law were corrected. Thoma Development Consultants: Attorney Folmer apprised the Board that Aimee Milks of Thoma Development Consultants would be leaving her job for another opportunity in Tompkins County. Attorney Folmer stated that Ms. Milks was very competent, pleasant, and accommodating. The Board wished her well. Attorney Folmer apprised the Board he contact Bond Counsel regarding an item the Town was lacking in its USDA grant application for the NYS Route 13 Sewer Rehabilitation Project. Attorney Folmer was waiting for a response regarding the Town's service agreement with bond counsel. Hydro-fracking: Attorney Folmer apprised the Board he attempted to reach Mike Barylski, NYS DEC to discuss hydro-fracking regulations and the Town's sole source aquifer. He hoped to be able to touch base with him prior to the June 2, 2010 Town Board Meeting. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Thoma Development Consultants to Ruth Ingrahm, dated May 3, 2010, responding to her concerns with her Deferred Payment Loan, 2008 HOME Grant - Senior Housing Rehabilitation Program. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Final Environmental Impact Statement from the Town of Virgil, dated January 30, 2010, regarding the proposed construction of the Virgil Country Store at the intersection of Webb Road and NYS Route 13 in the Town of Virgil (one copy is filed with the Town Clerk's Office). All voting aye, the motion was carried. Supervisor Tupper commented that he was surprised to receive the FEIS for the proposed convenience store and gas station, as he thought the project was no longer being considered. Councilman Proud apprised the Board that according to the FEIS, the site of the proposed gas station was not intended for, nor large enough, to accommodate tractor -trailer vehicles. 79 MAY 19, 2010 TOWN BOARD MEETING PAGE 5 There was a brief discussion regarding amending the Highway Department payroll schedule. Highway Sup't. Bush explained the change in the payroll schedule involved the title Deputy Highway Sup't.; "Designated Deputy Hwy. Sup't.: will have $1.60 per hour added to their current titled job positions hourly pay rate." Supervisor Tupper explained that the Deputy Highway Sup't. works at the pleasure of the Highway Sup't. In the event that Highway Sup't. Bush did not run for election or is not re-elected, the new Highway Sup't. could remove the Deputy Highway Sup't. from his appointed position. In order to protect the employee's civil service job after being chosen for the Deputy Highway Sup't. position, Attorney Folmer worked out an arrangement with the County Civil Service Department that would permit the chosen Deputy to have both a civil service title with additional duties as the Deputy Highway Sup't. If a situation arose in which a new Highway Sup't. was elected, the Deputy would not lose his job altogether. RESOLUTION 492 AMEND TOWN HIGHWAY DEPARTMENT PAYROLL SCHEDULE RESOLUTION #16 OF 2010 AND ADOPT REVISED TOWN HIGHWAY DEPARTMENT PAYROLL SCHEDULE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does amend the Town Highway Department Payroll Schedule, Resolution #16 of 2010, and further adopts the Revised Town Highway Department Payroll Schedule for the year 2010 as follows: REVISED HIGHWAY DEPARTMENT 2010 PAYROLL SCHEDULE HIRING A B C D E Designated "Deputy Hwy. Sup't.: will have $1.60 per hour added to their current titled job positions hourly pay rate. Heavy Equipment Mechanic 19.01 20.51 21.11 21.61 22.01 22.31 Heavy Equipment Operator/ 18.58 20.08 20.68 21.19 21.58 21.88 with Trailer CDL Heavy Equipment Operator 18.18 19.68 20.28 20.79 21.18 21.48 without Trailer CDL Automotive Mechanic 17.85 19.35 19.95 20.45 20.85 21.15 Motor Equipment Operator 17.07 18.57 19.17 19.67 20.07 20.37 Laborer 12.39 13.39 14.39 15.39 16.39 17.28 Buildings & 11.35 12.35 13.80 15.19 15.69 16.19 Grounds Laborer Secretary/ 14.00 15.00 16.00 17.00 17.89 18.39 Keyboard Specialist Part-time Summer Laborer 7.50 7.75 8.00 8.25 8.50 9.00 Recreation Director 11.39 13.29 13.79 14.29 14.79 15.29 Asst. Recreation Director 8.39 9.39 9.89 10.39 10.89 11.39 MAY 19, 2010 TOWN BOARD MEETING PAGE Io NIGHT SHIFT RATE: $1.00 per hour is added to the regular hourly base wage. (The night shift is a regular scheduled shift 8:00 p.m. to 5:00 a.m.) WAGES NOTE: An H.E.O. that does not have the required CDL license that is needed to move the Town's equipment using the largest equipment trailer the Town has will receive $.40 per hour less than the H.E.O. employees that do have the license. Hiring rate and step rates are given on anniversary dates if work improvement and performance are shown. Note: The designated Deputy Highway Superintendent could lose the "Deputy" designation and pay stipend at any time the current Highway Superintendent so chooses. They will then only hold the previous held titled position and its corresponding pay rate. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the "Notice of Incomplete Application" from the New York State Department of Environmental Conservation, dated May 11, 2010, regarding the Polkville Waterline Extension project. All voting aye, the motion was carried. Supervisor Tupper indicated that the required information for the permit from the NYS DEC was forthcoming. RESOLUTION #93 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON BENNIE ROAD FROM THE INTERSECTION OF NYS ROUTE 13 GOING EAST FOR 2900 FEET IN THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Cortlandville Highway Sup't., Carl Bush to reduce the speed limit to 30 mph on Bennie Road, from the intersection of NYS Route 13 going east for 2900 feet, in the Town of Cortlandville, and WHEREAS, because of the sharp curves in the new roadway; the two new Wal-Mart entrances/exits in the curves; the pedestrian crossings in these curves; and pedestrians walking to Super Wal-Mart from the Walden Oaks Development, a dangerous situation will exist for vehicles and pedestrians, and WHEREAS, Bennie Road is a Town road, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the speed limit on Bennie Road to 30 mph, from the intersection of NYS Route 13 going east for 2900 feet, be submitted to the NYS DOT for approval, via the Cortland County Highway Superintendent for his input, as required. For informational purposes, Supervisor Tupper apprised the Board that Highway Sup't. Bush appointed Heavy Equipment Operator, Darby Humphrey, Heavy Equipment Operator for the Town Highway Department, as the Deputy Highway Superintendent. Attorney Folmer explained that the statute provides that when there is a vacancy in the Deputy Highway Superintendent's office, the Highway Superintendent is supposed to make an appointment. If he does not do so in a certain amount of time, the Town Supervisor may make the appointment. Consequently, Highway Sup't. Bush made the appointment. He reminded Highway Sup't. Bush that his new Deputy must sign an oath with Town Clerk Snyder. A letter of appointment must also be submitted. 1 1 1 • MAY 19, 2010 TOWN BOARD MEETING PAGE? Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Senator James L. Seward to Mr. Joseph Rabito, Deputy Commissioner, Office of Community Renewal, dated May 14, 2010, in support of the Town's application for funding to establish a town -wide housing rehabilitation program under the 2010 New York State Community Development Block Grant Program. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Material Events Notification - Rating Change, from Fiscal Advisors & Marketing, Inc., dated April 22, 2010, notifying the Town that its bond rating was recalibrated from "AY' to "Al". All voting aye, the motion was carried. Town Clerk Snyder explained the Material Events Notification to the Board, and how the bond rating is determined. RESOLUTION #94 AUTHORIZE SUPERVISOR TO TRANSFER MONEY FROM HIGHWAY TOWN WIDE FUND BALANCE TO HIGHWAY EQUIPMENT RESERVE FUND Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Supervisor requested the Town Board authorize him to transfer money from the Highway Town Wide Fund Balance to an established reserve account, Highway Equipment Reserve Fund, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer $10,000.00 from the Highway Town Wide (DB, Fund Balance to the Highway Equipment Reserve Fund. Supervisor Tupper questioned if there was anything else to come before the Board. Councilman Leach apprised the Board he spoke with a constituent on Main Street, Blodgett Mills, regarding traffic, speed, and noise, particularly on Saturday afternoons due to the races at Skyline Raceway. Councilman Leach contacted the Sheriff's Department, who would monitor the traffic and send a patrol car to the area. 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 5:45 p.m. Supervisor Tupper reopened the meeting at 5:45 p.m. He apologized for skipping over privilege of the floor, as he received a request prior to the meeting by the Cortland County Relay for Life. Sheryl Small, representing the Cortland County Relay for Life requested the Board authorize the temporary closure of a section of Fairground Drive and Carroll Street for the 2010 Cortland County Relay for Life event to be held at the J.M. McDonald Center June 18-19, 2010. The Board did not object to the closure as a similar request was recently granted for the 2010 Cortland County Fair. RESOLUTION #95 AUTHORIZE "TEMPORARY CLOSURE" OF A SECTION OF FAIRGROUND DRIVE AND CARROLL STREET FOR THE 2010 CORTLAND COUNTY RELAY FOR LIFE Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED M MAY 19, 2010 TOWN BOARD MEETING PAGE WHEREAS, the Town Board received a request from the Cortland County Relay for Life to authorize a "Temporary Closure" of a section of Fairground Drive and Carroll Street for the 2010 Cortland County Relay for Life to be held at the JM McDonald Center, and WHEREAS, the temporary closure will not prohibit emergency vehicles access to Fairground Drive or Carroll Street, therefore BE IT RESOLVED, the Town Board does hereby authorize a "Temporary Closure" on a section of Fairground Drive and Carroll Street, being the "corner" where the two roadways connect, from June 18, 2010 at 4:00 PM to June 19, 2010 at 10:00 AM, for the 2010 Cortland County Fair, and it is further RESOLVED, signage for the temporary closure shall be provided by the Cortland County Relay for Life. 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 5:50 p.m. Respectfully submitted, Aa-u—� " 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 June 2, 2010.