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HomeMy WebLinkAbout06-18-2008JUNE 18, 2008 5:05 P.M. 119 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT EMPIRE AGRIFUEL, LLC US ROUTE I l/NYS ROUTE 41 TAX MAP #87.00-04-03.000 (portion of) & 87.00-04-10.000 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 an Aquifer Protection Permit application submitted by Empire Agrifuel, LLC to permit the construction of a seed crushing/biodiesel facility on a 11.08 +/- acre parcel, properties owned by Love/Frazee Associates and David and Lori Law. The properties are located on the south side of US Route I I/NYS Route 41, approximately 9/10 mile northwest of Interstate Route 81, Exit 10, tax map #87.00-04-03.000 (portion of) and 87.00-04-10.000. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John Proud Deputy Town Clerk, Kristin Rocco-Petrella Absent: Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John B. Folmer; Highway Sup't. Carl Bush; Code Enforcement Officer, Tom Williams; Cheryl Ann Wiseman and Brian Platt from O'Brien & Gere Engineers; Mason Somerville and Christine Leyburn from Empire Agrifuel, LLC; Greg Gilroy, Mary Robillard and Walter Allen from First Niagara Bank; Cathy Barber and Shirley Randolph representing the Homer -Cortland Community Agency; Grace Meddaugh; Hugh and Judith Riehlman; Gareth McDonald and Rory Cartwell from TCI Renewables; Harold Gibbs; Hannah Gibbs; News Reporter Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Deputy Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. The Public Hearing was closed at 5:09 p.m. 1 I Z_ JUNE 18, 2008 5:09 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, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John Proud Deputy Town Clerk, Kristin Rocco-Petrella Absent: Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John B. Folmer; Highway Sup't. Carl Bush; Code Enforcement Officer, Tom Williams; Cheryl Ann Wiseman and Brian Platt from O'Brien & Gere Engineers; Mason Somerville and Christine Leyburn from Empire Agrifuel, LLC; Greg Gilroy, Mary Robillard and Walter Allen from First Niagara Bank; Cathy Barber and Shirley Randolph representing the Homer -Cortland Community Agency; Grace Meddaugh; Hugh and Judith Riehlman; Gareth McDonald and Rory Cartwell from TCI Renewables; Harold Gibbs; Hannah Gibbs; News Reporter Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of April 29, 2008. All voting aye, the motion was carried. RESOLUTION 9125 AUTHORIZE PAYMENT OF VOUCHERS — JUNE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #311 - 336 $ 24,971.08 General Fund B B80 - B100 $ 32,467.61 Highway Fund DB D 173 - D 195 $ 59,946.82 Trust & Agency T7 - T7 $ 33,287.40 Water Fund W 140 - W 148 $ 7,340.77 Sewer Fund S69 - S75 $ 5,316.72 Supervisor Tupper offered privilege of the floor to Cathy Barber. Cathy Barber, Project Director for the Homer -Cortland Community Agency (Brockway/Homeville Museum), requested the Board adopt a resolution supporting the 2008 EPF Parks Application grant for the Brockway Museum project. The grant application, for improvements to the property, was a matching grant in the amount of $375,000.00. The purchase of the building qualified as the matching share. RESOLUTION #126 AUTHORIZE SUPERVISOR TO SIGN THE 2008 EPF PARKS APPLICATION ON BEHALF OF HOMER-CORTLAND COMMUNITY AGENCY FOR THE BROCKWAY/HOMEVILLE MUSEUM PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED I ZI JUNE 18, 2008 TOWN BOARD MEETING PAGE 2 WHEREAS, the Homer -Cortland Community Agency, Inc. requested the Town Board apply for the 2008 Environmental Protection Fund Parks Application grant on behalf of the agency for the Brockway/Homeville Museum Project, and WHEREAS, the Town Board believes it would be in the best interest of the Town to make application to the EPF for grant monies to assist the Homer -Cortland Community Agency, Inc., therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to file application to the EPF for funding in an amount not to exceed $375,000.00, which will be matched by the Homer - Cortland Community Agency, Inc., and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign said application on behalf of the Homer -Cortland Community Agency, Inc., and upon approval of said request to enter into and execute a project agreement with the EPF for such financial assistance. Supervisor Tupper offered privilege of the floor to Shirley Randolph. Shirley Randolph also representing the Homer -Cortland Community Agency (Brockway/Homeville Museum) requested the Board waive the future building permit fee for the Brockway/Homeville Museum. Ms. Randolph cited the increase in tourism to the Town, and the fact that the museum was not -for -profit, as reasons for the request. Supervisor Tupper informed Ms. Randolph that the Board has not waived building permit fees in the past as it was a dangerous precedent to set. However, he informed Ms. Randolph that the Town supports local agencies thru its budget process. RESOLUTION #127 ACCEPT 2008 TAX COLLECTOR'S SUMMARY Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2008 Tax Collector's Summary is hereby accepted and shall be received and filed. The monthly report of the Town Justice for the month of May 2008 was on the table for review and is filed in the Town Clerk's office. Councilman Rocco requested privilege of the floor to discuss his concern regarding windmills (wind turbines) and the lack of a Town ordinance regulating their use. Councilman Rocco contacted ten municipalities, including Dewitt, Manlius, Dryden, Virgil, and Tully, and requested they provide the Town with copies of their ordinances regarding the private ownership of windmills. He was also able to speak with Town of Tully Attorney, Steven Primo, regarding the issue. Attorney Primo suggested that similar to cell phone towers, wind turbines would be more prevalent in the future. Councilman Rocco recalled that a conditional permit was issued for a wind turbine to a Town resident on Page Green Road in November 2007. While he did not object to the particular permit being issued, he was concerned that a property owner could install a wind turbine in a neighborhood as long as the turbine was constructed in an area where it would not be in danger of falling on a structure. Consent from neighboring property owners was not necessary. Also, wind turbines could be as tall as 80-feet in height. According to Councilman Rocco, some municipalities, such as Ithaca, do not permit wind turbines at all, while others do not allow farmers to construct them. Councilman Rocco stated he was not opposed to the use and construction of windmills, but urged the Board to draft and adopt a law regulating their use. Councilman Rocco provided members of the Board and Code Enforcement Officer Tom Williams with copies of sample ordinances from surrounding municipalities. The Board discussed Councilman Rocco's concern and agreed the Town should have a windmill ordinance in place. The Board requested CEO Williams research different local laws regulating the use of windmills, and draft an ordinance for the Board to review. 1ZZ JUNE 18, 2008 TOWN BOARD MEETING PAGE 3 Attorney Folmer agreed that a better policy was needed. He commented that the current process for obtaining approval for a wind turbine was a "disjointed process." The Zoning Board of Appeals would review an application for a residential district, while the Planning Board would review an application for agricultural districts. CEO Williams would present a draft ordinance to the Board for review by August 2008. There was discussion regarding the revision to the Transient Business Ordinance. The Board was in receipt of Revision #8, which was revised after receiving input from the Board and the public, including the Chamber of Commerce and the owners of Valley View Gardens. CEO Williams apprised the Board the changes provided a balance between established businesses and those who want to come into the Town as a transient merchant. CEO Williams explained that the fee schedule was changed dramatically from the current ordinance, which required a $10.00 permit fee and a transient merchant tax based on the reported sales, to a $400.00 permit fee plus $100.00 per day. The fees must be received up front, which would eliminate the Town Clerk's office from trying to collect the transient tax at the conclusion of the sale. The Board was happy with the increased fee schedule. Councilman O'Donnell voiced his concern regarding local farmers and the sale of produce. CEO Williams explained that the revised ordinance pertained to non-residential and non- agricultural land. The definition of a transient business excludes "ready to eat food products," therefore a permit would not be necessary for a produce stand. There were two scenarios for the length of time a business could operate. According to §155-7: "No transient business will be allowed in residential or agricultural district zones nor in any zone within 3000 straight line feet of any permanent business selling items or services that are similar. Operation of the business is limited to no more than 7 days (must be consecutive), whether sales take place on any given day or not. ... Only one such license per calendar year shall be issued to any one business or enterprise. A transient retail business selling a product of a nature where there is no competition by a permanently established business entity whose primary full-time purpose is to sell that product within 1 straight line mile, shall be allowed to conduct said transient business for no more than 45 days (days must be consecutive)...." Councilman Rocco suggested the permit be limited to six days rather than seven. After discussion the Board agreed the permit should be limited to no more than seven days, once a year. A non -competing business, such as a Christmas tree vendor, could conduct a transient business for no more than 45 days. CEO Williams apprised the Board that §155-1 allowed activities such as car washes, magazine sales, and returnable container collections, to be operated one day per month per group, when the sale is conducted by and for the benefit of any non-profit organization, including groups connected to an education institution. Attorney Folmer requested the proposed Transient Business Ordinance be referred to the County Planning Board for review and recommendations. Once reviewed, the Board could schedule a public hearing for the revised local law. RESOLUTION #128 REFER PROPOSED LOCAL LAW OF 2008 — REVISION TO CHAPTER 155, TRANSIENT BUSINESS OF THE TOWN CODE TO THE COUNTY PLANNING BOARD FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the proposed Local Law of 2008 — Revision to Chapter 155, Transient Business of the Town Code shall be referred to the County Planning Board for review and recommendations. 1Z3 JUNE 18, 2008 TOWN BOARD MEETING PAGE 4 Supervisor Tupper offered privilege of the floor to Mary Robillard. Mary Robillard, representing First Niagara Bank, introduced Greg Gilroy, Regional President, and Walter Allen, Cortlandville Branch Manager. On behalf of the First Niagara Foundation, whose mission is to support the youth within the community, Mr. Gilroy presented a check to the Town in the amount of $15,000 to support the Ted Testa Park. Supervisor Tupper and Members of the Board thanked First Niagara Bank for its generous support. There was discussion regarding the Aquifer Protection Permit application submitted by Empire Agrifuel, LLC. Councilman Rocco stated he researched Empire Agrifuel's application for a seed crushing/biodiesel facility, and was quite concerned regarding odors, water pollution, and carbon dioxide. First, he questioned how the increase in cost of soybeans per bushel, from $2.00 to $13.00, would impact the operation of the facility. His second question was whether the facility would be making biof iel, or if it would just be a crushing facility. Thirdly, he questioned how many people would be employed at the facility. Brian Platt from O'Brien & Gere Engineers introduced Cheryl Ann Wiseman, also from O'Brien and Gere, and. Dr. Mason Somerville, representing Empire Agrif iel. Mr. Platt informed the Board the facility would operate 24 hours a day, seven days a week, and would employ approximately 25-30 people, who would work different shifts at the facility. Dr. Mason Somerville addressed Councilman Rocco's concern regarding the cost of soybeans and how it would affect the facility. The crush margin controls the amount of money made at the crush plant, which at this time was very high. The price of diesel fuel was also very high, which meant they could make money by producing biodiesel. Dr. Somerville apprised the Board that mostly food products would be produced at the crush plant, such as for dairy cattle, chickens or hogs. Vegetable oil would also be produced, which could be used by households for salad dressing, or restaurants for fire oil. Within the biodiesel plant, they could process the oil directly from the crush plant, or capture the wasted vegetable oil to make biodiesel fuel. Dr. Somerville stated that Empire Agrifuel was trying to produce a carbon neutral fuel, as all of the fuel in the country would eventually have to be sustainable fuel. Councilman Rocco questioned whether representatives from Empire Agrifuel met with local farmers. Dr. Somerville apprised the Board they met with Cortland Bulk Milk three times, regarding their interest in the biodiesel plant. Empire Agrifuel also has a close association with Morrisville State College and was working on research projects with the college. Dr. Somerville apprised the Board that soybeans are grown locally in New York State. He stated that farmers would be happy to supply Empire Agrif iel with soybeans rather than to ship out of state. Also, because the biodiesel plant is a multi seed plant, it would give other farmers the ability to grow other crops. Councilman Rocco stated he has read about problems with similar plants in Iowa, Minnesota and Michigan, including the following: problems with carbon dioxide; methane; pollution to lakes and rivers from fertilizer; problems with wastewater plants; and water usage. Councilman Rocco was also very concerned that Empire Agrifuel had not come to an agreement with the DEC regarding an air permit. He was very concerned with odors, the possible disturbance to the public, and even a possible reduction in property values. He wanted to make sure the filtration system for the proposed plant would work, and did not want to approve a permit based on assurances from the company. Councilman Rocco questioned the status of an agreement with the DEC, and when an air permit would be issued. Cheryl Ann Wiseman informed the Board an agreement had not been reached with the DEC. However, no matter what the conclusion is, the odor issue would have to be addressed. If the DEC determined there was a need for odor control, Empire Agrifuel was committed to resolving the issue. If the DEC allowed the building to be constructed without odor control and a problem arose in the future, odor control would have to be implemented. Dr. Somerville stated he recognized that people in the area have long suffered with odor issues from the Suit-Kote plant. He informed the Board he spent a lot of time studying the asphalt plant, which led to a company decision on Empire Agrifuel's part not to utilize the same equipment as the asphalt plant. He stated he personally visited over seven crush plants, and offered the Town a trip to see a plant that uses similar equipment in Pennsylvania. No representatives from the Town were there, however three DEC representatives attended. Empire Agrifuel had a different design than the plant the representatives visited. Prudent steps were taken to address the odor issue upfront with the design. Dr. Somerville stated they were moving forward in discussions with the DEC. 1 z-H JUKE 18, 2008 TOWN BOARD MEETING PAGE 5 Councilman Rocco stated he wanted the Town to be careful in its decision, especially since Empire Agrifuel was the first plant in the State of New York. He stated he would feel more comfortable seeing what type of resolution was reached with the DEC. He apologized that no Town representatives attended the trip to see the plant in Pennsylvania. Not having been to the plant, he did not believe the Town could make a decision at this time. Dr. Somerville stated they were making every prudent effort and were aware of the community's concerns. He apprised the Board the design of the biodiesel plant and the crush plant were fundamentally different than the plants referenced to in Iowa, Ohio, Minnesota, and Idaho, in which most of the oil is extracted through solvent extraction. He commented that the design of Empire Agrifuel's plant was a German design that was simpler, cost effective to operate, and focused on efficiency and the environment. Brian Platt addressed other environmental concerns that were mentioned. The facility would be low in usage for both water and domestic sewage. Stormwater would be managed in two areas on the site, and would be in accordance to DEC regulations. There would be storage of materials onsite, including liquid materials contained both inside and outside the building. Councilman Rocco questioned how a flood would impact the site, and what type of air filtration system was being considered for the plant. Mr. Platt stated the tanks would have their own foundations and would be on the ground. There would also be a secondary containment device, being a wall, to give additional protection to the tanks. Ms. Wiseman apprised the Board they were still negotiating with the DEC as to whether a biofiltration system or carbon absorption system was deemed appropriate for the site. The DEC has the right in the event of nuisance to require controls. One of the intermediate options was to let Empire Agrifuel build the plant and determine whether there was an issue. In the event that there is an issue, Empire Agrifuel was committed to putting on the controls needed, whether it wais biofiltration or carbon filtration. Such condition could be written into the air permit that gets issued by the DEC. The Board thanked representatives from O'Brien & Gere and Empire Agrifuel for their input. Attorney Folmer explained that the Planning Board, which acted as lead agency, granted the subdivision approval, made a Negative Declaration under SEQRA for the plant, granted a conditional permit subject to conditions contained in the County Planning Board report, and recommended the Town Board issue an Aquifer Protection Permit for the proposed plant. Councilman Rocco stated he would like to see the final results from the DEC, including the written report concerning exactly what the applicant would do. Empire Agrifuel could not operate or begin construction before receiving the permit from the DEC. He stated he would feel more comfortable waiting for the DEC to issue a report, have an opportunity to read what the DEC states, and then proceed as quickly as possible. Attorney Folmer explained that the Town Board and DEC were entirely independent processes. The DEC could issue a permit regardless of whether the Town Board approved the Aquifer Permit. However, if the Board granted the Aquifer Protection Permit, and the DEC denied its permit, the Aquifer Protection Permit would become moot. It was Attorney Folmer's opinion that the issuance of a permit by the DEC was in no way related to the Aquifer Protection Permit. It was possible for an applicant to meet the requirements for an Aquifer Permit, and not meet the requirements for the DEC permit. Ms. Wiseman apprised the Board the applicant was close to coming to a conclusion with the DEC. She agreed that Empire Agrifuel could not construct the facility without an Air Permit from the DEC, but also stated that the Aquifer Permit was not related to the Air Permit. Councilman Rocco made a motion to table action on the Aquifer Protection Permit for Empire Agrifuel until the Town received the report from the DEC. Councilman Proud commented that while there may be other issues, the Board was meeting to discuss an Aquifer Protection Permit. Issues regarding aquifer protection were addressed with stormwater management and sanitary sewers. Councilman Proud made a motion to approve the Aquifer Protection Permit. After a lengthy discussion, and after a considerable amount of time went by, Councilman Rocco's motion failed due to the lack of a second. Councilman O'Donnell agreed that the Aquifer Protection Permit was separate from the DEC's air permit. He seconded Councilman Proud's motion to approve the permit. 1zs- JUNE 18, 2008 TOWN BOARD MEETING PAGE 6 RESOLUTION 4129 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2008 SUBMITTED BY EMPIRE AGRIFUEL, LLC FOR PROPERTY LOCATED ON US ROUTE 1 l/NYS ROUTE 41 SUBJECT TO CONDITIONS Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Proud Aye Councilman O'Donnell Aye Councilman Rocco Nay ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board as Lead Agent, have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #4 of 2008, submitted by Empire Agrifuel, LLC for properties owned by Love/Frazee Associates and David and Lori Law, properties located on the south side of US Route 11/NYS Route 41, approximately 9/10 mile northwest of Interstate Route 81, Exit 10, permitting the construction of a seed crushing/biodiesel facility on a 11.08 +/- acre parcel, tax map #87.00-04-03.000 (portion of) and 87.00-04-10.000, subject to the following conditions: 1. The applicant obtaining an easement from the Cortland County Industrial Development Agency, which is written into the deeds of both properties, to allow the railroad siding to be on this adjoining property. 2. The applicant obtaining an easement from the adjoining property owner to the west (Suit-Kote Corp.), which is written into the deeds of both properties, to allow the railroad sidings to be extended onto this property. 3. The applicant provide a written plan as to the maximum number of rail cars to be stored on each siding at any one time, to insure that stored rail cars do not infringe on the main line of the railroad. 4. The applicant obtain approval from the New York Susquehanna and Western Railroad for connection of the proposed railroad sidings to the existing railroad. 5. The applicant obtain written confirmation from the NYS Department of Environmental Conservation (DEC) that the proposed bio-filtration for the seed crushing plant would provide adequate odor control. 6. The secondary containment area for the methanol and methylate tanks having a capacity of at least 150% of the total tank capacity or a volume of at least 210,000 gallons. 7. Secondary containment being provided for all interior storage of a liquid materials to control leaks/spills. 8. The applicant submit a comprehensive spill prevention and control plan and an emergency response plan for this proposal which describes how the various materials will be stored and handled, how spills will be handled, and the emergency response plan. 9. The applicant following all applicable State and Federal regulations associated with the storage/handling of flammable and potentially explosive materials, such as methanol, methylate and grain dust. 10. The applicant obtaining a chemical bulk storage permit from the DEC for the storage of methanol and methylate, if required. I Z( JUNE 18, 2008 TOWN BOARD MEETING PAGE 7 11. The Cortlandville Fire Department being notified that there would be flammable and potentially explosive materials on site and notified as to the maximum anticipated volumes of methanol and methylate. 12. Secondary containment being provided for the diesel tanks equal to 150% of their volume. 13. A petroleum bulk storage permit being obtained for the proposed diesel tanks from the Cortland County Health Department including compliance with the standards described in Articles XX, XXI, and XXII of the Sanitary Code of the Cortland County Health Department. 14. The applicant's submittal of a plan for the method of disposal of accumulated precipitation in the exterior secondary containment areas for both the diesel storage areas and the methanol/methylate storage areas. 15. The applicant providing information regarding the leak detection of the below ground conveyance of liquid materials and describe how any leaks would be remediated. 16. The applicant obtaining a curb cut permit from the NYS Department of Transportation (DOT) for the driveway access to U.S. Route 11. 17. The applicant provide a more detailed lighting plan to the Town for the site to insure that the lighting of the site would be directed in a downward manner and would not have any adverse impact on the surrounding area. 18. Approval of the public sewer connection from the County Health Department via application to the Town. 19. The applicant obtaining approval of the proposed well from the County Health Department which would include the requirement of a permanent disinfection system as a public water supply serving at least 25 individuals. 20. The applicant obtaining approval of the final design of the stormwater pollution prevention plan per the Town's stormwater ordinance and the NYS Phase II stormwater regulations. 21. The applicant filing a Notice of Intent with the NYSDEC in addition to the preparation of a stormwater pollution prevention plan per the NYS Phase II stormwater regulations. 22. The applicant obtaining a development permit for flood hazard areas from the Town since a portion of the property is within the 100 year floodplain. 23. The applicant obtaining written consent of the NYS Historic Preservation Office (SHPO) since this location is an archeologically sensitive area given the property's close proximity to the Tioughnioga River. 24. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer reported: Time Warner Spin -Off - Attorney Folmer commented that the Town received correspondence from Time Warner Cable Inc. regarding a spin-off and a sale of some interest in Time Warner's authority and in their corporate structure. The Town was notified as it is a franchising agency, and was asked by Time Warner to approve the spin-off. The spin-off would not affect the Town's original agreement with Time Warner. Attorney Folmer suggested the Board adopt the resolution provided by Time Warner. 127 JUNE 18, 2008 TOWN BOARD MEETING PAGE 8 RESOLUTION #130 A RESOLUTION PROVIDING APPROVAL FOR THE SPIN- OFF OF TIME WARNER CABLE INC. Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville, New York ("Franchising Authority") has granted a cable television franchise (the "Franchise") to an entity (the "Franchise") which is a subsidiary or affiliate of Time Warner Cable Inc. ("Time Warner Cable"); and WHEREAS, Time Warner Cable is a publicly -traded corporation, with approximately 84% of its common stock currently held indirectly by Time Warner Inc.; and WHEREAS, Time Warner Cable and Time Warner Inc. have entered into an agreement to effect a complete separation of Time Warner Cable from Time Warner Inc. (the "Spin -Off"); and WHEREAS, upon closing of the Spin -Off, one hundred percent (100%) of the stock of Time Warner Cable will be publicly traded; and WHEREAS, Time Warner Cable and Time Warner Inc. have filed FCC Form 394 providing details regarding the Spin -Off; and WHEREAS, the Franchising Authority wishes to grant its approval for the Spin -Off as described above. NOW, THEREFORE, BE IT RESOLVED BY FRANCHISING AUTHORITY: Section 1. The Franchising Authority hereby approves the Spin -Off. Section 2. Upon the closing of the Spin -Off, the Franchisee shall remain bound by the obligations under the Franchise. Section 3. This Resolution shall become effective immediately upon passage by the Franchising Authority. Conveyance of Land: Attorney Folmer apprised the Board he had the documents involving the purchase of property from Andrew and Susanne Polley, property located off Greenwood Road and Route 41. The purchase price of the property was $40,405.66, which included the recording fees and other fees involved. The property would be utilized by the Highway Department for storage of equipment. Attorney Folmer requested the Board authorize the Supervisor to complete the transaction. RESOLUTION #131 ACCEPT CONVEYANCE OF DEED FROM E. ANDREW AND SUSANNE M. POLLEY FOR PROPERTIES LOCATED OFF GREENWOOD ROAD AND ROUTE 41 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the conveyance of a deed from E. Andrew and Susanne M. Polley for property located off Greenwood Road, tax map #87.00-01- 40.000, and property located off Route 41, tax map #87.00-01-34,112, to be used by the Town Highway Department, and it is further RESOLVED, the Town Board hereby authorizes the expenditure of $39,375.00 for the conveyance of said property from Mr. and Mrs. Polley and $1,030.00 in closing fees for a total not to exceed $40,405.66. 1 z.8 JUNE 18, 2008 TOWN BOARD MEETING PAGE 9 Easement for Sanitary Sewer — Starr Road Sewer Improvement Project: With regard to a dispute over an easement needed for the Starr Road Sewer Improvement Project, Attorney Folmer apprised the Board that Judge Rumsey adjourned the proceeding from Thursday, June 19, 2008 to Friday, June 20, 2008 at 12:30 p.m. Fire Code Violation — Unsafe Structure: Attorney Folmer questioned the status of the demolition of the unsafe structure located on Route 41. Councilman O'Donnell reported that the demolition occurred, but the debris was not completely removed. RESOLUTION #132 AUTHORIZE WAIVING THE BUILDING PERMIT APPLICATION FEE FOR THE CORTLANDVILLE FIRE DISTRICT - CONSTRUCTION OF A SIGN Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Cortlandville Fire District requested the Town Board waive the building permit fee for a new sign, and WHEREAS, the Board determined the Cortlandville Fire District to be a municipal agency that may be exempt from the building permit application fee without setting precedent, therefore BE IT RESOLVED, the Town Board does hereby authorize waiving the building permit application fee for construction of a sign at the Cortlandville Fire District located at 999 NYS Route 13. RESOLUTION #133 AUTHORIZE WAIVING THE BUILDING PERMIT APPLICATION FEE FOR THE CORTLANDVILLE FIRE DISTRICT'S TRAINING SHED Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Cortlandville Fire District requested the Town Board waive the building permit fee for a small training structure, and WHEREAS, the Board determined the Cortlandville Fire District to be a municipal agency that may be exempt from the building permit application fee without setting precedent, therefore BE IT RESOLVED, the Town Board does hereby authorize waiving the building permit application fee for construction of a training shed at the Cortlandville Fire District located at 999 NYS Route 13. Supervisor Tupper apprised the Board he received correspondence from the Department of State notifying the Town that it's 2007 application for the Polkville Hamlet Water Project was not approved for State funding. According to the Town's grant writing firm, Thoma Development Consultants, the application was a stretch. Thoma Consultants did not suggest the Town reapply. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from Steve Ridler, Bureau Chief, State of New York Department of State, dated June 9, 2008, denying the Town's 2007 Environmental Protection Fund Grant Application for the Polkville Hamlet Water Project. All voting aye, the motion was carried. JUKE 18, 2008 TOWN BOARD MEETING PAGE 10 Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from William Parente, dated June 7, 2008, regarding connection to Town sewer. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Notice from the Town of Groton, dated June 28, 2008, regarding an application for a Variance submitted by Robert Fouts, 1393 Route 222, in the Town of Groton. All voting aye, the motion was carried. The Board requested CEO Williams respond to the Town of Groton, Zoning Board of Appeals, as to whether the application for a Variance by Mr. Fouts would have any impact on the Town of Cortlandville. The Board did not anticipate any impact. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file correspondence from Water & Sewer Sup't. Peter Alteri, Jr., dated June 10, 2008, regarding the emergency sewer line repair on NYS Route 13. All voting aye, the motion was carried. Supervisor Tupper offered privilege of the floor to representatives from TCI Renewables. Gareth McDonald, Development Manager for TCI Renewables gave a presentation to the Board on wind energy/renewable energy for a proposed wind farm, "Crown City Wind Farm." The proposed wind farm location was near the County Landfill, with a portion of the property located in the Town of Cortlandville. TCI Renewables, a company based out of Montreal, Canada, was in the beginning stages of their research, which included a study to determine whether or not the project was feasible. TCI Renewables explained the details of the proposed project, which included a power point presentation. Details of the project, and more specifically of wind turbines and their benefits, were provided to the Town Clerk's Office. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:15 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 August 6, 2008. The final version of this meeting was approved as written at the Town Board meeting of December 3, 2008.