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DECEMBER 30, 2010
10:00 A.M.
SPECIAL TOWN BOARD MEETING
The Special 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, Gregory K. Leach
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Town Code Enforcement Officer,
Tom Williams; and News Reporter Jeremy Houghtaling from the Cortland Standard.
Supervisor Tupper called the Special Meeting to order.
Supervisor Tupper apprised the Board an emergency repair had to be done on the roof of the
Highway Department. According to Attorney Folmer, because it was an emergency repair,
purchase orders were not necessary. The Board could authorize payment of the bills. Supervisor
Tupper added that prevailing wages would be paid.
RESOLUTION #228 AUTHORIZE PAYMENT OF VOUCHERS — FINAL 2010
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 #682 - 708 $ 93,739.81
General Fund B
B149 - B153
$
1,072.33
Highway Fund DB
D508 - D513
$
24,885.59
Water Fund
W306 - W314
$
2,542.47
Sewer Fund
$
157.54
Capital Project
H171 - H171
$
13.29
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco commented on the importance of auditing Cortlandville financial
records by the Town Board, in addition to the hired auditors. Supervisor Tupper stated it was not
a requirement for the Board Members to audit the books, as long as the Town hires an auditor to
do so.
Under communications, Supervisor Tupper apprised the Board he received a letter from
the County Administrator regarding notice to the Town for the new wireless radio system the
County would like to install. The County requested to be lead agency for the project.
Councilman Rocco questioned where the new tower would be located.
Supervisor Tupper mentioned that the existing tower is on Tower Road.
It was Councilman Leach's understanding that the County wanted to build more sites at
different locations, in addition to the Tower Road site.
Also under communications, Supervisor Tupper apprised the Board he received a
"Certificate of Excellence" signed by Senator Seward for the Town's participation in the
Tobacco Free Zone at Town parks.
DECEMBER 30, 2010 SPECIAL TOWN BOARD MEETING PAGE 2
Supervisor Tupper apprised the Board he received correspondence from former Town
residents, James and Gail VanDusen, expressing their concerns regarding connection to public
sewer and the enforcement of such.
Attorney Folmer explained that the Town referred the matter to the County Health
Department. The County Health Department has been known in the past to grant individual
waivers on the requirement to connect to public sewer for certain situations. The Town's method
of enforcement is to refer non hook-ups to the County.
Councilman Testa questioned how many people were not connected to public sewer.
Town Clerk Snyder apprised the Board she has a list of the properties that are not
connected to sewer. Correspondence is sent to property owners who have the ability to hookup
to sewer at the time sewer becomes available. Letters are mailed to the property owners
periodically after the initial letter is mailed, although there is often no response from the owners.
The list of properties not connected to sewer is also forwarded to the County periodically.
Town Clerk Snyder apprised the Board that many of the properties on the list are from
old sewer projects. She offered the example of a property on Lamont Circle that was recently
connected to sewer. The property owner participated in the Town's HOME Grant and was able
to connect. Sewer has been available to Lamont Circle for a long period of time.
Councilman Proud suggested the Board look at what other alternatives the Town has if
they cannot enforce connection. While the cost of the infrastructure is taken care of through the
benefit tax, the cost for annual usage is not. He questioned whether the Town could charge a
quarterly usage fee to the property owners who have not connected. Attorney Folmer would
look into the matter.
Councilman Rocco mentioned that he sent an email to the Board suggesting they start
inviting experts to come to the Town to speak on wind turbines. He gave suggestions of possible
speakers, including an Assessor from Watertown to discuss the impact on the assessment of
houses/businesses, and tourism. He also suggested the Town bring in litigation attorneys who
specialize in wind turbines.
Councilman Rocco stated he spent a considerable amount of time researching wind
turbines. In his opinion, the County does not have high enough wind speeds to support the
towers planned for the County. He also commented on a safe distance between turbines with
regard to vibrations. Vermont's state law requires a distance of 1-1/3 miles between wind
turbines. More research suggests a 3-mile distance between turbines. Councilman Rocco also
commented that 700' towers should not be built on a landfill, as the ground can shift.
Councilman Testa mentioned that Clough Harbour & Associates was contacted by the
Town and asked to provide information regarding wind turbines.
Councilman Rocco stated it was fine to get Clough Harbour's input, but wanted expert
opinions from attorneys and other professionals as well. He stated he would be able to get such
experts to come to the Town at no cost other than the cost of travel.
Attorney Folmer questioned Councilman Rocco what he expected the Town Board to do,
taking into consideration that the Town has no authority to prohibit a landowner from doing
something with their land, such as leasing their property. He mentioned correspondence from
Councilman Rocco in which he suggested the Board "contact the adjoining Towns and advise
them that we expect them to take into consideration our adjoining landowners when they site
towers, if they do ... and in the event they don't take our landowners in to consideration, we will
sue them." Attorney Folmer stated it was ethically improper for him to write a letter on behalf of
a client stating, "if you don't do this, we will sue you." In regard to writing a letter to the Town
Board of the Town of Solon, to comment on what Councilman Rocco characterized as "self-
serving actions," Attorney Folmer questioned what the Board's reaction would be if they
received a letter from the Town of Virgil requesting the Town "re -zone everything within 1-1/3
mile within the boundary of the Town of Virgil to a certain extent." He suspected the Town's
response would be that the Town is responsible for its own zoning.
Councilman Rocco stated that adjoining towns are responsible to notify the Town by law
when they plan to build a certain distance from the Town.
Attorney Folmer clarified that a municipality is required to notify adjoining
municipalities when planning to adopt a zoning ordinance change within its municipality, which
is part of the zoning law process and the SEQRA process. The Town would have the right to
submit comments to such municipality. Whether or not the municipality adopts the local law,
the Town's ability to bring an action to declare it invalid is extremely limited and would be
difficult to do. Attorney Folmer stated the question remained to Councilman Rocco; what is it
that you want to do?
DECEMBER 30, 2010 SPECIAL TOWN BOARD MEETING PAGE 3
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Councilman Rocco stated he did not want to be regretful that wind turbines were brought
into the Town/County because we don't have enough information regarding wind turbines. He
stated he did not believe Town residents or peripheral property owners should be put in any more
danger than anyone else because the turbines are installed 180 ft. from the Cortlandville line.
Councilman Rocco stated that the wind turbines are dangerous, and reiterated that the Town
should invite experts to come to the Town to provide information.
Councilman Proud stated the issue was one that should be discussed as a society. He
offered the example of the lights in the meeting room, which run on electricity supplied from a
coal mine that is probably within 180' of someone's house in West Virginia, where they have
explosions and more. He questioned whether the danger was more extreme to the person in
West Virginia than to the person who lives 180' from a wind turbine? Councilman Proud stated
the issue was, "where are we going to get energy in the future?" In this locale, he stated we
don't have to worry about coal mines, but rather the potential for gas in the Marcellus Shale,
Utica Shale, and wind energy. While nobody "wants it in their backyard," everybody wants their
lights and heat on.
Councilman Proud stated the issue before the Town Board was to decide "what is a
reasonable course of action to take." The Town has a moratorium on wind turbines at this time.
The Board must decide what the reasonable standards are for the Town and property owners.
Conversation continued amongst the Board on wind turbines. The Board agreed that
studies must still be completed for further understanding of wind turbines. The Board was not in
a position to take any action on the subject at this time.
There was discussion regarding the water and sewer rate increase to be effective with the
1" Quarter Billing 2011 (billed April 1, 2011). Councilman Proud explained that after much
review, the following water and sewer rates were proposed:
Water Rates
0 to 6,000 gallons $17.30 Minimum
over 6,001 gallons $ 2.88 per 1,000 gallons
CPwar R ntPe
0 to 6,000 gallons $23.00 Minimum
over 6,001 gallons $ 3.83 per 1,000 gallons
Councilman Proud stated the objective of the new rates was to generate enough revenue as
suggested by the Town's auditors to cover maintenance and operation. He explained that most
residential water and sewer customers who have a minimum usage would see a small increase of
$3.00-$4.00 per quarter, while customers who have higher usage, such as industrial accounts,
would have more of an increase. Councilman Proud explained that the rates were based on
generating the amount of money it costs to operate the system; the break-even cost.
Councilman Proud pointed out that adjustments have been made in the past to flatten the
rate out. He explained that the Town had a declining rate — the more you used the less it cost.
The proposed rates for 2011 would flatten the rate out. The other option would be to have an
increasing rate to promote conservation, in which the more you use, the more you pay per gallon.
Supervisor Tupper thanked Councilman Proud, Water & Sewer Sup't. Alteri, Town Clerk
Snyder, Deputy Town Clerk LaPlant, and Town Bookkeeper Hicks, for all their time and efforts
spent on the water and sewer rate increase. He stated it was time for the Board to stop moving
the reserves over to balance the water and sewer funds, which the auditors recommended.
Councilman Proud added that the rates would be reviewed on a quarterly basis to see if
the projections were correct.
Supervisor Tupper stated that the Board does not like raising rates, however they cannot
have a water and sewer system subsidized with taxpayer money; the water and sewer system
should be self-sufficient. Although he personally liked the idea of charging less money per
gallon the more you used, after talking with Water & Sewer Sup't. Alteri he learned that it costs
exactly the same amount of money to pump the first gallon of water as it does ten -thousandth
gallon. It did not make sense to discount those who used more.
Councilman Rocco questioned when the rates would be reviewed again and suggested a
schedule be implemented. Supervisor Tupper indicated that the Water Review Committee would
review the rates on an annual basis and make adjustments, as recommended by the auditors.
Councilman Testa thanked all those who were involved in the review of the water and
sewer rates, and in particular Water & Sewer Sup't. Alteri, who spent a considerable amount of
time working on the new rates. Supervisor Tupper would send Sup't. Alteri a "thank you" note
on behalf of the Board.
DECEMBER 30, 2010
SPECIAL TOWN BOARD MEETING
PAGE 4
RESOLUTION #229
ADOPT RESOLUTION TO ESTABLISH NEW WATER AND
SEWER RATES EFFECTIVE WITH THE 1ST QUARTER
BILLING 2011
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board authorized the adoption to change the water and sewer rates under
Chapter 171, Article I, Section 171-7, therefore
BE IT RESOLVED, the Water District Ordinance of the Town of Cortlandville, enacted September
30, 1957, and thereafter amended, is hereby further amended to provide the establishment of new
water and sewer rates as follows:
a) $2.88 per thousand (1,000) gallons of consumption per quarter, for all water consumed,
with a minimum fee of $17.30 per quarter.
b) $3.83 per thousand (1,000) gallons of consumption per quarter, for all sewer consumed,
with a minimum fee of $23.00 per quarter.
c) Industrial - $1.47 per thousand (1,000) gallons of consumption per quarter, for all sewer
consumed
AND IT IS FURTHER, RESOLVED, the new water and sewer rates shall be effective with the I"
Quarter Billing 2011.
Under new business, Town Clerk Snyder apprised the Board they were invited to attend
the ceremony for Assemblywoman Barbara Lifton as she takes the Oath of Office for a fifth term
in the New York State Assembly. The ceremony and reception would be held at the Dryden
Town Hall on Friday, December 31, 2010 at 1:00 p.m.
Also under new business, Town Clerk Snyder apprised the Board she received
notification from the Department of State regarding the filing of Local Law No. 5 of 2010.
RESOLUTION 4230 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 5 OF 2010
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local
Law No. 5 of 2010 — "Licensing, Identification, and Control of Dogs in the Town of
Cortlandville, to be effective December 14, 2010.
Town Clerk Snyder apprised the Board that Thoma Development Consultants requested a
public hearing be scheduled for January 19, 2011 regarding the resubmission of the $400,000
Town Wide Housing Rehabilitation Grant under the Federal Small Cities Community
Development Block Grant Program. The January 191h public hearing would be the first of two
required hearings. The second public hearing could be scheduled at a later date.
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DECEMBER 30, 2010
SPECIAL TOWN BOARD MEETING
PAGE 5
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RESOLUTION #231
SCHEDULE PUBLIC HEARING FOR FEDERAL SMALL
CITIES COMMUNITY DEVELOPMENT BLOCK GRANT —
FOR JANUARY 19.2011
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for January 19, 2011 at 5:00 p.m.
regarding an application to New York State for funding under the Federal Small Cities
Community Development Block Grant Program.
Supervisor Tupper apprised the Board that agenda item 1-3, "Authorize the Budget
Officer to transfer monies to amend the 2010 Budget" would be handled at the January 5, 2011
Town Board Meeting.
The last item to discuss was to review and adopt a new fee schedule for Fire and Safety
Inspections, as well as Building Permits. Supervisor Tupper stated that the Town of
Cortlandville would no longer be subcontracting the fire safety inspections, and therefore asked
Town Code Enforcement Officer, Tom Williams to review and revise the current fee schedule.
Supervisor Tupper requested CEO Williams explain the proposed fees.
CEO Williams apprised the Board that over the past few years many comments were
made that business occupancies were being charged the same fee regardless of the size of the
business. CEO Williams explained that with the proposed fee schedule, he took such comments
into consideration and made a schedule based on square footage. In terms of square footage, a
smaller business would be charged considerably less than a larger business.
Supervisor Tupper stated he was glad to see a fee schedule based on square footage,
which would decrease the fee for the smaller businesses, and increase the fee for big box stores,
which take longer to inspect.
RESOLUTION #232 AMEND TOWN OF CORTLANDVILLE FEE SCHEDULE
REGARDING FIRE SAFETY INSPECTION FEES
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, per Resolution #33 of 2008, the Town Board adopted a Fee Schedule with regard to
Local Law No. 1 of 2007, Administration and Enforcement of the New York State Uniform Fire
Prevention and Building Code, and
WHEREAS, the Town Board is authorized to amend such Fee Schedule as necessary, therefore
BE IT RESOLVED, the Town Board does hereby amend the Town of Cortlandville Fee
Schedule with regard to Fire Safety Inspection Fees, according to the following:
Fire Safety Inspections:
Assembly Occupancies*
0 to 99 occupants
100 to 999 occupants
Over 1000 occupants
* Churches (Total seating — primary service meeting room)
* Restaurants (Total allowed patrons)
Business Occupancies**
Up to 999 Sq. Ft.
1,000 to 4,999 Sq. Ft.
5,000 to 9,999 Sq. Ft.
10,000 to 49,999 Sq.
Over 50,000 Sq. Ft.
"Multi -building businesses
buildings combined.
Ft.
on the same lot — Fees will
$ 50.00
$ 100.00
$ 200.00
$ 60.00
$ 90.00
$ 120.00
$ 180.00
$ 240.00
be calculated using the square footage of all
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DECEMBER 30, 2010 SPECIAL TOWN BOARD MEETING
PAGE 6
Multi -Family Occupancies*** — If allowed to do unit inspections
3 to 12 Units $ 16.00/unit
13 to 59 Units $ 14.00/unit
Over 60 Units $ 12.00/unit
Multi -Family Occupancies*** — If not allowed access to all units
Same schedule as business occupancies above — calculated by square footage of all floors/all buildings.
Only public/common areas to be inspected.
***To be determined by property owner and/or tenant and filed with Town records.
CEO Williams also proposed a revised Building Permit fee schedule, which included
Demolition Permits.
Councilman Leach questioned whether Demolition Permits had been issued in the past,
or whether it was a new fee.
CEO Williams informed Councilman Leach the Demolition Permit fee was added in
2008 with the Fire Safety Inspection Fees. Approximately five Demolition Permits are issued
per year.
The Board thanked and complimented CEO Williams for his work on the new fee
schedules.
RESOLUTION #233 AMEND TOWN OF CORTLANDVILLE FEE SCHEDULE
REGARDING BUILDING PERMIT FEES
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby amend the Town of Cortlandville Fee
Schedule with regard to Building Permit Fees, according to the following:
Building Permit:
Residential
Pools, decks, storage, sheds:
New construction:
Additions and renovations:
Commercial
Signs:
New construction:
Additions and renovations:
Pole type construction:
Agricultural
Zoning compliance only - no building plan review
Building Demolition:
Residential Structures:
Commercial Structures:
$ 40.00 plus $2.00/thousand of cost
$ 0.30 per square foot
$ 0.20 per square foot
$ 40.00 plus $2.00/thousand of cost
$ 0.30 per square foot
$ 0.20 per square foot
$ 0.10 per square foot
$ 50.00
$ 0.05 per square foot
$ 0.10 per square foot
Supervisor Tupper questioned whether there was any further business to discuss.
Councilman Rocco requested the Board take the opportunity to make a visit to the Town
of Lowville, New York to look at the largest wind turbine farm in the State. He suggested the
Board make the trip in March.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Special
Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 10:45 a.m.
Respectfully submitted,
Ka en Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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*Note:
The draft version of this meeting was submitted to the Town Board for their review on January 28, 2011.
The final version of this meeting was approved as written at the Town Board meeting of February 2, 2011.