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HomeMy WebLinkAbout08-04-20101 zo AUGUST 4, 2010 5:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2010 ELECTING A RETIREMENT INCENTIVE AS AUTHORIZED BY PART A OF CHAPTER 105 OF THE LAWS OF 2010 FOR ELIGIBLE EMPLOYEES OF THE TOWN OF CORTLANDVILLE 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, regarding a Local Law to provide the benefits of Part A of Chapter 105 of the Laws of 2010, a Retirement Incentive Program, for eligible employees of the Town of Cortlandville. 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; Town Highway Sup't. Carl Bush; Barbara Tupper; Barbara Leach; Joan Kearney Flatt; Jane Penrose; Anne Furman; Mike Bosetti; Charlotte Farris; Cynthia Lewis; Ray Dunnigan; Vince Legnetto; Vincent Legnetto; Bob Martin; Carla Walsh; David Lewis; Judith Pierpont; JoAnne Cipolla-Dennis; Deborah Cipolla-Dennis; Mary Beilby; Ian Julius; News Reporters: Eric Mulvihill from WHXC, Holden Slattery from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussions were heard. The Public Hearing was closed at 5:02 p.m. 1 122 AUGUST 4, 2010 5:02 P.M. PUBLIC HEARING NO. 2 LOCAL LAW OF 2010 2010 MORATORIUM LAW ON HYDRAULIC FRACTURING AND/OR HYDROFRACKING IN THE TOWN OF CORTLANDVILLE 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, regarding a Local Law to provide a moratorium law on hydraulic fracturing and/or hydrofracking in the Town of Cortlandville. 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; Town Highway Sup't. Carl Bush; Barbara Tupper; Barbara Leach; Joan Kearney Flatt; Jane Penrose; Anne Furman; Mike Bosetti; Charlotte Farris; Cynthia Lewis; Ray Dunnigan; Vince Legnetto; Vincent Legnetto; Bob Martin; Carla Walsh; David Lewis; Judith Pierpont; JoAnne Cipolla-Dennis; Deborah Cipolla-Dennis; Mary Beilby; Ian Julius; News Reporters: Eric Mulvihill from WHXC, Holden Slattery from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper commented that the public hearing was being conducted to decide whether or not the Town should approve a local law asking for a moratorium on hydrofracking. The public hearing was not to discuss the merits of hydrofracking. Supervisor Tupper offered privilege of the floor to those in attendance. Mike Bosetti, resident of the Town of Virgil, spoke in favor of the moratorium. He informed the Board that he grew up in Pittsburgh and still has family/friends there who have been affected and devastated by hydrofracking; including pollution to their water. He suggested the Board adopt the moratorium for one year similar to the Town of Dewitt to increase public awareness. Ray Dunningan, resident of the Town of Cortlandville, thanked the Board for bringing up the moratorium proposal, which he was in favor of. He commented that hydrofracking has affected Pennsylvania tremendously and noted the 1400 recorded violations in the state regarding hydrofracking since January 2008, including drilling, transporting, and many other aspects. He requested the Board extend the moratorium to one year to allow more time to look into the complex matter. Mr. Dunningan informed the Board that yesterday, the New York State Senate passed a one-year moratorium to allow the NYSDEC to take the time to look into the matter. He requested the Board consider the same time frame. Bob Martin, resident of the Town of Cortlandville, stated he appreciated the fact that the Board was considering the moratorium. He mentioned a recent article in the Ithaca Times regarding the Town of Ithaca, which has $50,000 in funding from different organizations to hire a planner specifically for the issue. He suggested the Town of Cortlandville look into hiring an engineering consultant to do the same Mary Beilby, former resident of the Town of Cortlandville and now a resident of the City of Cortland, stated she was very interested in the issue and spoke with many Board members over the years regarding her concerns. She thanked the Board for recognizing the need to study the issue and to start working on the laws and regulations that are under the purview of the municipalities. She apprised the Board the Cortland Council made a recommendation on July 6`h to start working on a regional water plan at the advice of John Helgren, Environmental Health, to 17Z AUGUST 4, 2010 PUBLIC HEARING NO. 2 PAGE 2 protect the aquifer. She encouraged the Board to extend the moratorium for one-year and to start working cooperatively with surrounding towns. Councilman Rocco added to comments made by Ray Dunningan regarding the 1400 violations filed in Pennsylvania. Of the 1400 violations, 952 were environmental violations such as pollution of streams, wastewater reserves, and discharging industrial wastes. Joan Kearney Flatt, resident of the Town of Cortlandville, apprised the Board she was in favor of a moratorium for one year or more to protect the aquifer and to make sure that necessary research is done. Charlotte Ferris, resident of the Town of Cortlandville, informed the Board she had an extensive conversation with a gentleman from Bradford, Pennsylvania, who spoke of ruined roads, streams, wells, and plummeting real estate values. Bradford did not have any guidelines for hydrofracking in place. No further comments or discussions were heard. The Public Hearing was closed at 5:18 p.m. 1 1 123 AUGUST 4, 2010 5:18 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 Tupper Councilman, Theodore Testa Councilman, Ronal L. Rocco Councilman, John Proud Councilman, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Town Highway Sup't. Carl Bush; Barbara Tupper; Barbara Leach; Joan Kearney Flatt; Jane Penrose; Anne Furman; Mike Bosetti; Charlotte Farris; Cynthia Lewis; Ray Dunnigan; Vince Legnetto; Vincent Legnetto; Bob Martin; Carla Walsh; David Lewis; Judith Pierpont; JoAnne Cipolla-Dennis; Deborah Cipolla-Dennis; Mary Beilby; Ian Julius; News Reporters: Eric Mulvihill from WHXC, Holden Slattery from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. He welcomed those in attendance, and noted the arrival of the NY Jets NFL football team to Cortland for their 2010 training camp. The Draft Town Board Minutes of July 21, 2010 were presented to the Board for their review. RESOLUTION #134 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST 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: General Fund A Vouchers #420 - 433 $ 97,079.10 General Fund B B94 - B 101 $ 2,556.45 Highway Fund DB D277 - D297 $ 30,838.42 Special Grants C28 - C29 $ 2,927.82 Water Fund W 163 - W 173 $111,484.85 Sewer Fund S78 - S82 $106,344.79 Capital Project H104 - H111 $ 6,040.51 The monthly reports of the Town Clerk, Town Supervisor, and Water & Sewer Department for the month of July 2010 were on the table for review and are filed in the Town Clerk's office. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. Under communications, Supervisor Tupper apprised the Board he received six copies of a letter from residents of Solon and Cortlandville asking the Board to please move forward with the windmills. Councilman Rocco questioned whether the letter was from people who were leaseholders. Supervisor Tupper was not sure, but noted that the letter was a "form letter". Also under communications, Supervisor Tupper noted receipt of correspondence from Pam Raney, thanking the Town for use of the Raymond G. Thorpe Municipal Building for the Village Park Association's annual meeting. She thanked Deputy Supervisor Testa for taking the time to open the building on a Sunday. 2- � AUGUST 4, 2010 TOWN BOARD MEETING PAGE 2 There was discussion regarding the proposed Local Law to provide the benefits of Part A of Chapter 105 of the Laws of 2010. Supervisor Tupper commented that three eligible employees were interested in participating in the retirement benefit program under Part A. The Town's local law was specific to Part A, which requires the Town to save 50% of the salary over a two-year period. In order to participate in the program, the Town must enact a local law by August 31, 2010. Information must be submitted to the State including the names of the employees the Town would allow to participate in the program, as well as the calculations of savings to the Town. Councilman Proud added that the State will review the Town's calculations, and must approve them as well. RESOLUTION 4135 ELECT TO PROVIDE THE BENEFITS OF PART A OF CHAPTER 105 OF THE LAWS OF 2010 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby elect to provide the benefits of Part A of Chapter 105 of the Laws of 2010, commencing on November 15, 2010 for all eligible employees who retire with an effective date of retirement set during the 47 day period beginning with an immediately following the commencement date and who are otherwise eligible as specified by Part A of Chapter 105 of the Laws of 2010. RESOLUTION #136 ADOPT LOCAL LAW NO. 3 OF 2010 - ELECTING A RETIREMENT INCENTIVE AS AUTHORIZED BY PART A OF CHAPTER 105 OF THE LAWS OF 2010 FOR ELIGIBLE EMPLOYEES OF THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Testa 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, "Electing a Retirement Incentive as authorized by Part A of Chapter 105 of the Laws of 2010 for Eligible Employees of the Town of Cortlandville", 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 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: 1. The Town of Cortlandville hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Part A of Chapter 105 of the Laws of 2010. 2. The commencement date of the retirement incentive program shall be November 15, 2010. �1 1 1 AUGUST 4, 2010 TOWN BOARD MEETING PAGE 3 12S 1 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 47 days in length commencing November 15, 2010 and expiring on December 31, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees Retirement System, and it shall be paid by the Town of Cortlandville for each employee who receives the retirement benefits payable under this local law. 5. This local law shall take effect when filed with the Secretary of State as required by law. There was discussion regarding the proposed Local Law, 2010 Moratorium Law on Hydraulic Fracturing and/or Hydrofracking of the Town of Cortlandville. Councilman Rocco noted that the NYS DEC is already reviewing hydrofracking, and hoped the Town would take the time to study the issue. He stated that he was aware of the problems in Bradford, Pennsylvania as a result of hydrofracking. He also noted that the EPA has not been paying attention to the Clean Water Act, and haven't updated industry information since 1999. Councilman Rocco stated that passing the moratorium was a way for the Town to show the Senate and Assembly that the issue is very important. He informed the Board that while the Senate passed a bill for a one-year moratorium, the Assembly did not pass the bill. Councilman Rocco explained to those in attendance that the Town's proposed moratorium was for six months and could not be changed to one-year because the change would be a "material issue" that would require a new local law be drafted and another public hearing be held. If the Board chose to do so, it would take another four weeks to adopt a moratorium. The Board could, however, revisit the issue and extend the moratorium at a later date. Councilman Rocco stated he wanted "to be on the record here in the Town of Cortlandville, as many towns are, that we want to have a say in this." Attorney Folmer stated it was important to understand that the moratorium does not in any way affect the ability of an individual landowner to execute and enter into a lease agreement; the Town has no authority to prohibit such. With regard to the length of time of the moratorium, a valid moratorium must be for a specified purpose and must have an expiration date. The expiration date can be extended by the Board if they chose to do so by amending the local law. With regard to legislation pending in Albany, in the event that the State of New York were to preempt the field of regulation with regard to the process, the Town's moratorium would be moot because the State would have indicated that it intends to regulate the activities. As Councilman Rocco indicated, the Senate adopted a moratorium until May 10, 2011 - the Assembly has not. Once the Assembly acts on the moratorium, the Governor must also act on it. Attorney Folmer apprised the Board if they adopt a six-month moratorium today, and decide at some point to extend the moratorium, they could do so by amending the local law by adopting another local law. The process is open to the Board at any time. Supervisor Tupper stated he was in support of the moratorium. He felt it was important to get on record with the State that a much more serious look should be taken on hydrofracking. The DEC is moving very quickly on the issue, which concerned the Town and the 150+ municipalities that have adopted a similar local law. Councilman Testa questioned whether a date should be set for the Board to review the extension of the moratorium. The Board agreed to examine the issue again by January 1, 2011. AUGUST 4, 2010 TOWN BOARD MEETING PAGE 4 RESOLUTION #137 ADOPT LOCAL LAW NO. 4 OF 2010 — 2010 MORATORIUM LAW ON HYDRAULIC FRACTURING AND/OR HYDRO- FRACKING OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa 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, "2010 Moratorium Law on Hydraulic Fracturing and/or Hydrofracking of the Town of Cortlandville", 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 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 law will be known as the 2010 Moratorium Law on Hydraulic Fracturing and/or Hydrofracking of the Town of Cortlandville. Section 2. LEGISLATIVE INTENT The Town Board of the Town of Cortlandville, Cortland County, State of New York, is vested by the State of New York to regulate and control land use within the Town of Cortlandville and to protect the health, safety and welfare of its residents. The issue of hydrofracking has generated much concern about the safety and reliability of this method to recover and develop natural gas. The Town Board believes that based on these concerns, additional study and examination of necessary land use regulations relating to hydrofracking is warranted. Therefore, the Town Board, through this local law, declares a six-month moratorium on any activity or processes associated with hydrofracking or in furtherance of hydrofracking, including the establishment, implementation, place and construction of hydrofracking processes or activities in the Town of Cortlandville. The Town Board is well aware of the current review of hydrofracking by the New York State Department of Environmental Conservation (DEC), including an assessment of the various potential environmental impacts of hydrofracking, state regulations currently in place and the potential for additional regulations of hydrofracking at the state level. This moratorium period will allow for the review and determination of the need for additional state regulations which will necessarily impact the role of the Town in further regulation on a local level. This moratorium is also intended to allow necessary time for the Town Board to examine whether additional local regulation is necessary, the extent of such regulation, and if such local regulation is necessary, the Town Board may determine the appropriate rules and regulations to ensure comprehensive uniformity, fairness and consistency in such regulations. Further, the Town Board will utilize the moratorium period to further examine the significant environmental issues relating to hydrofracking. 1 IZ7 AUGUST 4, 2010 TOWN BOARD MEETING PAGE 5 The Town Board recognizes the importance of finding and developing other sources of natural gas for energy resources and believes that natural gas may be a cleaner and more beneficial source of energy than other oil and gas consumption. Natural gas development has existed in New York State since approximately 1821. There are vast amounts of natural gas in reserves of shale deposits and new technology has made it more economical to produce natural gas from shale deposits. There have been studies indicating that natural gas production using the hydrofracking method could be a significant benefit to economic activity. However, the Town is also concerned with the potential for damage to groundwater quality and quantity, potential for sediment and erosion and the use of naturally occurring radioactive materials. Hydrofracking requires the use of large amounts of water, including the use of surface water (rivers, basins, lakes), private ponds, groundwater, municipal water, waste water and produced water. Further, the use of hydrofracking will -create more demand for commercial waste water treatment facilities to dispose of produced water. The Town Board is concerned with the potential for groundwater pollution, affecting many water wells in the town. There may also be further impacts to local roads during the construction and use of any potential well. Lastly, the Town is concerned with the potential environmental impacts on water quality, agricultural land uses, wetlands, and sole source aquifer, which is the primary source of water for the Town of Cortlandville and other local municipalities. The Town of Cortlandville has legitimate goals and aims to protect the community, cultural, historical, recreational and environmental resources within the Town and the Town Board believes that studying this issue is necessary so that hydrofracking operations are regulated to protect the town's predominant residential and agricultural land uses and to protect the environment from potential negative impacts. The Town of Cortlandville does hereby find a moratorium of six months duration is necessary and reasonable in order to afford the Town Board an opportunity to refer this issue to the Code Enforcement Officer, Town Planning Board, and the Town Zoning Board of Appeals for consideration and study and to afford such boards an opportunity to make recommendations to the Town Board regarding appropriate amendments to the Town Code. A moratorium of six months will prevent the establishment of hydrofracking facilities and operations that may be contrary to any land use regulations ultimately adopted thus making the new regulations a nullity. The health, safety and general welfare of the residents will be protected by the adoption of the moratorium pending the issuance of final regulations by the Town of Cortlandville. Section 3. DEFINITIONS HYDRAULIC FRACTURING OR HYDROFRACKING—For purposes of this Local Law, the term "hydraulic fracturing" or "hydrofracking" shall mean the process of recovering and/or developing natural gas trapped within shale or rock and which generally is accomplished by a gas well that is drilled vertically into the ground and then horizontally from the well head, after which water, sand and/or chemicals are injected into the well breaking and/or fracturing of shale and/or other natural structures under the ground intending to release natural gas from the ground. PERSON — For the purposes of this local law, the term "person" shall include an individual, society, club, firm, partnership, joint venture, corporation, or the association of persons, and the singular shall include the plural number. Section 4. SCOPE AND CONTROL A. For the period of six months following the effective date of this local law, no new hydrofracking facilities or operations, as defined by this local law, or expansions beyond existing operations or facilities shall be permitted by any person in the Town of Cortlandville. B. During the effective period of this Local Law: 1. The Town Planning Board shall not consider and/or approve any site plan, approve any special use permit or other permit which would have as a result the establishment, implementation, placement, construction or development of any new hydrofracking facility or operation, including any activity associated therewith or in furtherance of hydrofracking, or the 128 AUGUST 4, 2010 TOWN BOARD MEETING PAGE 6 enlargement of any existing hydrofracking facility or operation within the Town. 2. The Town Zoning Board of Appeals shall not consider and/or grant any variance, special use permit or other permit for any use which would result in the establishment, implementation, placement, construction or development of any new hydrofracking facility or operation, including any activity associated therewith or in furtherance of hydrofracking, or the enlargement of any existing hydrofracking facility or operation within the Town. 3. The Codes Enforcement Officer of the Town shall not consider and/or issue any building permit or other permit which would result in the establishment, implementation, placement, construction or development of any new hydrofracking facility or operation, including any activity associated therewith or in furtherance of hydrofracking, or the enlargement of any existing hydrofracking facility or operation within the Town. C. If, within six months, the Town Board adopts a local law relating to hydrofracking, then, in that event the moratorium imposed by this local law shall expire immediately on the date the Town local law relating to hydrofracking takes effect in accordance with Section 27 of the Municipal Home Rule Law. Section 5. EXCEPTIONS. The lawful use of any premises on the effective date of this local law operated under a permit issued by the Town of Cortlandville or other appropriate state or federal agency may be continued, provided that such use shall not be enlarged or extended beyond the existing location and operation. Section 6. VARIANCES. The Town Board reserves to itself the power and sole discretion to vary or adapt the strict application of the requirements of this Local Law in the case of unusual hardship or circumstances that would deprive the owner of the reasonable use of the lands involved, provided the application is consistent with the intent of this Local Law. 2. An application for a variance plus 7 copies thereof shall be filed with the Town Clerk, together with a filing fee of $250.00. The application shall specifically identify the land involved, recite the nature of the proposed use of the land, provide a narrative description of the project and identify the circumstances pursuant to which the variance is sought and the reasons why the variance is claimed. Any costs, including expert consulting fees, incurred by the Town shall be paid by the Applicant immediately upon request or the application may be denied. 3. The Town Board may refer any applications for a variance herein to the Planning Board, the Zoning Board of Appeals, and/or its retaining consultant, for their advice and recommendations, but all decisions on granting or denying such variances shall be made by the Town Board solely, after determining whether or not the requested variance is compatible with the Comprehensive Plan of the Town, the Town Code and any contemplated amendments to the Zoning Law. Unless completely satisfied that the proposed variance is compatible, the Town Board shall deny the application. 4. The Town Board shall conduct a public hearing on any request for a variance within forty-five (45) days of receipt of a completed application; and shall issue its final decision on requests for a variance within thirty (30) days from the public hearing. 1 1 1 1 Z9 AUGUST 4, 2010 TOWN BOARD MEETING V.,WM Section 7. ENFORCEMENT. This local law shall be enforced by the Code Enforcement Officer of the Town of Cortlandville, or such other individual(s) as designated by the Town Board, it shall be the duty of the enforcement individual(s) to advise the Town Board of all matters pertaining to the enforcement of this local law and to keep all records necessary and appropriate to the office and to file the same in the office of the Town Clerk. Section 8. VIOLATIONS. Any person violating any of the provisions of this local law shall be guilty of an offense and upon a conviction thereof, be given a civil penalty of no less than $500.00 and no more than $1,000.00 per day for this violation. Each day's violation shall constitute a separate and additional violation. An action may, be commenced in a court of competent jurisdiction to recover such penalty. In addition thereto, violations of this local law shall be subject to being restrained by injunctive relief. Section 9. CONFLICT WITH OTHER LAWS. This Local Law is enacted pursuant to the provisions of the Town Law and the Municipal Home Rule Law of the State of New York. During the duration of times that this Law is in effect, it shall take precedence over and shall be considered controlling over contrary laws, ordinances and provisions including, but not limited to, the statutes set forth in the New York Town Law related to zoning and subdivisions. Specifically, this Law is intended to supersede Town Law Sections 130, 261, 262, 263, 264, 265, 267, 267-1, 267-b, 268, 269, 274-1, 274-b, 276, 277, 278 and 279. Section 10. SEVERABILITY. If any clause, sentence, paragraph, section, article or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, section, article, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 11. EFFECTIVE DATE. This Local Law shall become effective immediately upon filing with the Secretary of State. Under new business, Town Clerk Snyder apprised the Board she received notice from the Town of Virgil and a copy of the SEQR findings for the Virgil Country Store project. No action, other than it being received and filed, was necessary. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Attorney Patrick M. Snyder, dated July 23, 2010, presenting a copy of the SEQR findings adopted by the Town of Virgil Planning Board on July 14, 2010 for the Virgil Country Store to be located along Webb Road at the NYS Route 13 intersection. RESOLUTION #138 ACKNOWLEDGE RECEIVING SMALL CLAIMS ASSESSMENT REVIEW PETITION Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Small Claims Assessment Review Petition from Richard and Francine Gysel for property located at 3855 Highland Road, tax map #85.19-01-15.000, regarding their current assessment property value. 130 AUGUST 4, 2010 TOWN BOARD MEETING PAGE 8 RESOLUTION #139 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petition, regarding their current assessments, from the following property owners: Benderson-Cortland Associates Ceruzzi Holdings; LLC Cortland Suites, LLC and UC Cortland Suites, LLC K-MART #7134 Route 281 tax map #86.17-01-08.110 Route 13 tax map #95.00-10-11.100 980, 1002 Route 13 tax map #96.13-01-02.100 951 Route 13 tax map #95.16-01-15.000 854 Route 13 tax map #95.20-02-06.000-1 Town Clerk Snyder noted that copies of the Small Claims Notice of Petition and other Notice of Petitions were submitted to the Town Attorney, Town Supervisor, and Town Assessor. Attorney Folmer reported: Certiorari Proceedings: With regard to the certiorari proceedings, Attorney Folmer apprised the Board that negotiations were going on to resolve two of the proceedings. He would advise the Board at a later date. Road Striping: Attorney Folmer reminded the Board that they authorized the Supervisor to sign a contract with the County for 2010 road striping at the last Town Board Meeting. He presented Town Clerk Snyder with a copy of the executed contract for her files. Town Planning Board Actions: Attorney Folmer apprised the Board that Town Planning Board Member, Nick Renzi developed a form summarizing the Planning Board's actions for the first 6-months of 2010, and for the year 2010, and asked that he share the summary with the Board. One of the purposes of the summary was to help the Planning Board keep track of Conditional Permits, and to ensure that the conditions have been met. Supervisor Tupper thanked Mr. Renzi for his work. Wal-Mart Supercenter: Attorney Folmer recalled that the Board recently accepted conveyances of the new roadway and easements from Wal-Mart Supercenter. Between the time the Board accepted such, and the time the documents were recorded, two large mechanics liens were recorded against the project. Attorney Folmer spoke with Highway Sup't. Bush and Attorney Kelly Pronti (representing Wal-Mart) and indicated to them that, "should we be asked whether or not we are the owners of any road our answer is that we accepted a conditional delivery of the deed, and the condition was that there be no liens against the property." Therefore the Town has not taken final ownership of the roadway and would not do so until the liens have been bonded away or have been released. Attorney Pronti was aware of the situation, and indicated that Wal-Mart was in the process of dealing with the liens. Grass Ordinance: Attorney Folmer gave the Board an update regarding a Grass Ordinance violation for property in Blodgett Mills, which Councilman Leach brought to the Board's attention. The property owner was served notice of the issue and had ten -days to comply. 1 I I 13, AUGUST 4, 2010 TOWN BOARD MEETING PAGE 9 Fireworks Policy: Attorney Folmer reminded the Board that when they adopted the Fireworks Policy, Councilman Rocco suggested the general public be notified of the new requirements regarding fireworks. Attorney Folmer reported he would write a news release to be published in the Cortland Standard indicating there is a new requirement under the Penal Law, and that the Town Clerk's Office should be consulted with regard to an application for a permit for fireworks. Supervisor Tupper noted that the Town has faxed its policy to other municipalities interested in adopting a similar policy. RESOLUTION #140 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of county sales taxes which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with calendar year 2011, and it is further RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services by registered or certified mail before September 01, 2010. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the New York State Department of Transportation, dated July 20, 2010, notifying the Town that its request to lower the speed limit on Bennie Road to 30 MPH was deemed appropriate. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Troy & Banks Utility & Telecommunication Consultants, dated July 20, 2010, regarding the letter sent to NYS Department of Public Service regarding street lighting accounts. All voting aye, the motion was carried. Supervisor Tupper indicated that the Town hired Troy & Banks Utility & Telecommunication Consultants to review the Town's utility bills. Troy & Banks found some problems with the Towns accounts, but is not getting much response from National Grid. RESOLUTION #141 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT AND AFFIDAVIT BETWEEN THE TOWN AND ANNA-MAE ARTIM FOR THE 2008 HOME GRANT SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement and Affidavit between the Town of Cortlandville and Anna -Mae Artim, 714 McLean Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program in the amount of $16,338.34. 1sz, AUGUST 4, 2010 TOWN BOARD MEETING PAGE 10 Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortland County Planning Board Resolution #10-27 dated July 21, 2010, and Cortland County Planning Department recommendations, dated July 16, 2010, regarding the Aquifer Protection Permit application submitted by David Yaman, Cortland Commerce Center, LLC for property located at 839 Route 13, tax map #95.00-10-01.100. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the Cortland County Health Department, dated July 8, 2010, regarding the proposed project of David Yaman, Cortland Commerce Center, LLC for property located at 839 NYS Route 13, tax map #95.00-10-01.100. All voting aye, the motion was carried. RESOLUTION #142 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY DAVID YAMAN, CORTLAND COMMERCE CENTER, LLC FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for August 18, 2010 at 5:00 p.m. for the Aquifer Protection Permit application submitted by David Yaman, Cortland Commerce Center, LLC for property located on NYS Route 13, tax map #95.00-10-01.100. Supervisor Tupper reminded the Board that the Town had to run an advertisement in the Cortland Standard for three days in order to be in compliance with the USDA loan application. Although the Town has not been approved, the application is in Washington D.C. On October lst, the USDA will receive its allocation for 2011. The Town would hopefully receive funding for the Polkville Waterline Extension Project. To date, the Town has spent $246,871.45 on the proj ect. RESOLUTION #143 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM WATER OPERATING FUND TO THE CAPITAL PROJECT FUND — POLKVILLE WATERLINE EXTENSION PROJECT Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the Water Operating Fund to the Capital Project Fund — Polkville Waterline Extension Project, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer $822.92 from the Water Operating Fund to the Capital Project Fund — Polkville Waterline Extension Project, and it is further RESOLVED, the Water Operating Fund will be reimbursed if and when the Town receives the bond for the Polkville Waterline Extension Project. Total cost to date is $246,871.45. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Time Warner Cable, dated August 1, 2010, regarding programming services. All voting aye, the motion was carried. 133 AUGUST 4, 2010 TOWN BOARD MEETING PAGE 11 RESOLUTION #144 AUTHORIZE 2010 TOWN OF CORTLANDVILLE REASSESSMENT PROJECT AND PAYMENT Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, in the 2009 Town of Cortlandville's budget process, the Town Board approved a town wide reassessment, to be implemented on the 2010 Town of Cortlandville's Final Roll, and WHEREAS, the Town Board authorized payment of $40,000 to be paid one half in 2009 and the second half in 2010, for additional services necessary to complete the town wide reassessment, and WHEREAS, the additional reassessment services included are, but are not limited to: Public Relation Meetings Property Inventory Data Collection Property Inventory Data Mailers Response and Filed Verification of Data Mailer Discrepancies Property Computerized Valuation Analysis and Production 100% Field Review of Computerized Valuation Value Estimates Production of Full Disclosure Assessment Notices Informal Assessment Review Meetings with Property Owners Resolution of Assessment Discrepancies of the Informal Assessment Review Meeting WHEREAS, the first half of payment was made in 2009, and WHEREAS, the 2010 Town of Cortlandville's Reassessment Project is complete, the 2010 Town Equalization Rate is 100%, and the New York State Office of Real Property Tax Service has verified the Reassessment Project, now therefore BE IT RESOLVED, the second half payment for the completion of the 2010 Town of Cortlandville Reassessment Project is hereby authorized. Attorney Folmer mentioned item Town Planning Board Resolution 430 of 2010 regarding David Yaman's applications for Site Plan, Conditional, and Aquifer Protection. According to the Resolution, the Planning Board approved the applications "subject to the conditions set forth in the Cortland Co. Planning Board's Resolution #10-27 of 7/21/10, and as modified by the Cortland Co. Planning Department, with subject modifications to be communicated, in writing, to the Cortlandville Planning Board." Attorney Folmer requested the Board remind him at the August 18th, 2010 public hearing as to whether or not modifications to the conditions were made. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:00 p.m. Resp ctfully 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 August 18, 2010.