MINUTES FOR TOWN OF CHEMUNG TOWN BOARD MEETING HELD MAY 11, 2016 AT 7PM in the Town Hall at 48 Rotary Road Ext. Chemung NY 14825

SUPERVISOR RICHTER LED EVERYONE IN THE PLEDGE OF ALLEGIANCE TO SALUTE THE FLAG.

ROLL: PRESENT: TINA NAGLE; JIM BIRNEY; MIKE BERNATAVITZ; TODD LOPER;

GEORGE RICHTER

ON A MOTION BY BERNATAVITZ AND SECONDED BY BIRNEY THE MINUTES OF THE APRIL 13, 2016 MEETING WERE ACCEPTED.

CARRIED: AYES: BIRNEY; BERNATAVITZ; NAGLE; RICHTER

ABSTAIN: LOPER

GUEST: DR. RANDY RICHARDS, WAVERLY CENTRAL SCHOOL DISTRICT-HE LAID OUT THE PROPSED 2016-2017 SCHOOL BUDGET THAT IS UP FOR A VOTE ON TUESDAY, MAY 17, 2016.

COMMUNICATIONS:

1. COUNTY SOIL & WATER-REQUEST FOR FUNDING

2. NYS DEPT. PUBLIC SERVICES-CLEAN ENERGY MANDATE

3. NYS AG & MARKETS-ELMIRA ANIMAL FACILITY INSPECTION (GOOD)

PUBLIC FORUM:

1.  DENNIS BROWN, WILAWANA ROAD-ASKED ABOUT TOWN POLICY ON WINDMILLS. RICHTER ADVISES THAT WILL BE DISCUSSED LATER IN THE MEETING.

BUILDING COMMITTEE:

NONE

OLD BUSINESS:

1. PROPERTY ACQUISTION FROM NYSDOT-NO NEWS

2. JUSTICE COURT CONSOLIDATION WITH TOWN OF ERIN-THE STUDY REPORT IS FINISHED FROM THE MARCH 31, 2016 MEETING. NYS LAW DOES NOT SUPPORT THIS TYPE OF CONSOLIDATION. NEXT STEP IS TO SCHEDULE A PUBLIC HEARING.

RESOLUTION 2016-053

SCHEDULE PUBLIC HEARING

TOWNS OF CHEMUNG & ERIN COURT CONSOLIDATION

RESOLUTION BY: BIRNEY

SECONDED BY: BERNATAVITZ

RESOLVED, THE TOWN BOARD AGREES TO SCHEDULE THE PUBLIC HEARING ON THE TOWNS OF CHEMUNG AND ERIN JUSTICE COURT CONSOLIDATION ON JUNE 8, 2016 AT 7PM BEFORE THE START OF THE REGULAR MONTHLY BUSINESS MEETING.

CARRIED: AYES: BERNATAVITZ; LOPER; NAGLE; BIRNEY; RICHTER

NAYES: NONE

3. MRF GRANT SOLICITATION-THE STATE OF NY SENT SOMEONE TO HELP RICHTER FILL OUT THE APPLICATION AND WE TENTATIVELY QUALIFY FOR ABOUT $200,000.00 IN GRANT AID.

MAY 11, 2016 PAGE 2 OF 4

4. SIDEWALK STATUS REPORT-REPORT SAYS THE NYSDOT HAS BEEN HOLDING UP THE PROJECT.

NEW BUSINESS:

1. CHEMUNG CO. SOIL & WATER-REQUESTING $2,700.00. CHRIS DOANE SAYS THE TOWN USES THE SHARED EQUIPMENT ALL THE TIME AND THE $2,700.00 IS WELL WORTH THE TOWNS INVESTMENT.

RESOLUTION 2016-054

RENEWAL OF CHEMUNG COUNTY

SOIL & WATER CONTRACT

RESOLUTION BY: LOPER

SECONDED BY: NAGLE

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO RENEW THE 2016 CHEMUNG CTY. SOIL AND WATER CONTRACT IN THE AMOUNT OF $2,700.00.

CARRIED: AYES: LOPER; NAGLE; BIRNEY; BERNATAVITZ; RICHTER

NAYS: NONE

2. NEW YORK STATE WANTS TO HAVE MOST OF ITS ENERGY COMING FROM WIND AND SOLAR ENERGY SOURCES BY THE YEAR 2030. SOLAR POWER IS TAX EXEMPT IN NYS BUT LOCAL GOVERNMENTS CAN CHOOSE TO OPT-OUT. IN THE TOWN OF CHEMUNG SOLAR AND WIND ENERGY REQUIRE A SPECIAL USE PERMIT APPLICATION.

RESOLUTION 2016-055

SCHEDULE PUBLIC HEARING

LL#2 OF 2016 TAX EXEMPT ENERGY

RESOLUTION BY: NAGLE

SECONDED BY: BERNATAVITZ

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO SCHEDULE A PUBLIC HEARING ON LOCAL LAW #2 OF 2016 WHICH INVOLVES WHETHER OR NOT TO GRANT TAX EXEMPT STATUS ON ENERGY PRODUCING FACILITIES IN THE TOWN OF CHEMUNG.

CARRIED: AYES: NAGLE; BIRNEY; BERNATAVITZ; LOPER; RICHTER

NAYS: NONE

3. SPECIAL USE PERMIT-CAR DEALERSHIP AT 1069 WYNCOOP CREEK ROAD

RESOLUTION 2016-056

REFER SUP TO COUNTY AND TOWN

PLANNING BOARDS

RESOLUTION BY: LOPER

SECONDED BY: NAGLE

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO REFER THE SUP FOR A CAR DEALERSHIP AT 1069 WYNCOOP CREEK ROAD TO THE CHEMUNG COUNTY PLANNING BOARD AND THE TOWN OF CHEMUNG PLANNING BOARD.

CARRIED: AYES: BIRNEY; BERNATAVITZ; LOPER; NAGLE; RICHTER

NAYS: NONE

MAY 11, 2016 PAGE 3 OF 4

RESOLUTION 2016-057

TOWN OF CHEMUNG IS LEAD AGENCY

FOR SEQRA ON SUP-CAR DEALERSHIP

RESOLUTION BY: BIRNEY

SECONDED BY: NAGLE

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO MAKE ITSELF LEAD AGENCY FOR THE SEQRA REPORT FOR A CAR DEALERSHIP AT 1069 WYNCOOP CREEK ROAD.

CARRIED: AYES: BERNATAVITZ; LOPER; NAGLE; BIRNEY; RICHTER

NAYS: NONE

4. TIME WARNER CABLE CONTRACT RENEWAL

RESOLUTION 2016-058

SCHEDULE PUBLIC HEARING

TWC CONTRACT RENEWAL

RESOLUTION BY: BIRNEY

SECONDED BY: BERNATAVITZ

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO SCHEDULE A PUBLIC HEARING ON THE TIME WARNER CABLE CONTRACT RENEWAL AGREEMENT FOR THE TOWN OF CHEMUNG ON WEDNESDAY, JUNE 8, 2016 AT 7PM PRIOR TO THE START OF THE REGULAR MONTHLY BUSINESS MEETING AT 48 ROTARY ROAD EXTENSION, CHEMUNG, NY 14825.

CARRIED: AYES: NAGLE; BIRNEY; BERNATAVITZ; LOPER; RICHTER

NAYS: NONE

5. BAR VACANCY

RESOLUTION 2016-059

APPOINT BAR VACANCY CANDIDATE

RESOLUTION BY: NAGLE

SECONDED BY: BIRNEY

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO APPOINT RON KUNST, WILAWANA ROAD TO THE BAR VACANCY POSITION FOR 2016.

CARRIED: AYES: NAGLE; BIRNEY; BERNATAVITZ;LOPER; RICHTER

NAYS: NONE

RESOLUTION 2016-060

ACCEPT MONTHLY REPORTS

RESOLUTION BY: NAGLE

SECONDED BY: BIRNEY

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO ACCEPT THE MONTHLY REPORTS FROM ALL DEPARTMENTS FOR THE MONTH OF APRIL 2016.

CARRIED: AYES: BERNATAVITZ; LOPER; NAGLE; BIRNEY; RICHTER

NAYS: NONE

MAY 11, 2016 PAGE 4 OF 4

RESOLUTION 2016-061

PAY MONTHLY BILLS

RESOLUTION BY: BERNATAVITZ

SECONDED BY: NAGLE

RESOLVED, THE CHEMUNG TOWN BOARD AGREES TO PAY THE MONTHLY BILLS IN THE FOLLOWING ACCOUNTS: GENERAL ABSTRACT #5 IN THE AMOUNT OF $9,577.72 AND HIGHWAY ABSTRACT #5 IN THE AMOUNT OF $13,698.49 FOR MAY 2016.

CARRIED: AYES: LOPER; NAGLE; BIRNEY; BERNATAVITZ; RICHTER

NAYS: NONE

ON A MOTION BY BIRNEY AND SECONDED BY NAGLE THE MEETING WAS ADJOURNED AT 8:10PM UNTIL JUNE 8, 2016.

CARRIED: AYES: NAGLE; BIRNEY; BERNATAVITZ; LOPER; RICHTER

NAYS: NONE

RESPECTFULLY SUBMITTED:

MARY ELLEN STERMER,

CHEMUNG TOWN CLERK