HomeMy WebLinkAbout02-01-201215
FEBRUARY O1, 2012
5:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Garry
VanGorder, Executive Director of the Cortland County BDC/IDA; Attorney John Sidd,
representing the Cortland County IDA; Jack and Pat Harvey and fellow Commissioners and
members of the Cortlandville Fire Department; Barb Leach; Ray Dunnigan; News Reporters:
Matthew Nojiri from the Cortland Standard, and Eric Mulvihill from WXHC.
Supervisor Tupper called the meeting to order.
Supervisor Tupper asked Jack Harvey and his wife Pat to come forward. On behalf of
the Cortlandville Town Board, he presented Mr: Harvey with a plaque to honor his 30 years of
volunteer service to the Cortlandville Fire Department. He thanked Mr. Harvey for all of the
time he selflessly donated to his community, and thanked his wife Pat for her support and
presented her with flowers. Supervisor Tupper also thanked all of the Commissioners and
members of the Fire Department who were in attendance to support Mr. Harvey.
Mr. Harvey thanked the Board for recognizing his service to the fire department, which
he has enjoyed. He expressed his gratitude to the Town Board who helped get the Fire
Department to where it is today. He apprised the Board that the Fire Department started with
two trucks and operated out of the former 2-car water and sewer garage for a period of time until
the Town acquired the municipal garage on Route 281. The Fire Department utilized the
building until their new facility on Route 13 was built. Mr. Harvey thanked the W&S
Department and Highway Department for their continued assistance, and also thanked the Town
Code Enforcement Officer for the great job that he is doing.
Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft
Town Board Minutes of December 21, 2011 as submitted. All voting aye, the motion was carried.
RESOLUTION #28 AUTHORIZE PAYMENT OF VOUCHERS — FEBRUARY
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #56 - 78
$
95,533.15
General Fund B
B8 - B10
$
4,955.61
Highway Fund DB
D24 - D39
$
54,576.40
Trust & Agency
T1 - T3
$
30,611.06
Water Fund
W25 - W34
$
5,744.90
Sewer Fund
S13 - S16
$
2,736.54
Capital Projects
H1 - H1
$
540.00
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
made.
Councilman Rocco presented the Board with a copy of the proposed wind turbine
locations in Cortland County as provided to him,6y TCI Renewables.
16
FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 2
Monthly reports of the Code Enforcement Officer, Tax Collector, and Water & Sewer
Department for the month of January 2012 were on the table for review and are filed in the Town
Clerk's office.
Town Clerk/Tax Collector Snyder commented on the Tax Collection monthly report.
She informed the Board that as of today 2,923 of 3,800 tax bills were processed and paid, for a
total of $8.1 million or 68% of the warrant. She explained that the 2012 warrant was $12.2
million. Of the 77% of tax bills paid, 6% of 'tax payers, or rather 195 property owners, took
advantage of the partial payment program. The total amount collected for partial payments was
$284,700+. Town Clerk/Tax Collector Snyder informed the Board that both the Town and the
Fire Department have been paid in full. Although she would not be sending the County
Treasurer as much money as she did last year at this time, she would be sending a check for a
few million dollars.
Councilman Rocco commended Town Clerk Snyder and her staff for the over time they
worked this tax collection season, which she explained was partly due to the new computer
software program for tax collection. She hoped the problems with the software program would
be resolved for next year.
Supervisor Tupper questioned whether mostly senior citizens were taking advantage of
the partial payment program. Town Clerk/Tax Collector Snyder reported that only a handful of
seniors took advantage of partial payments, although many businesses and residential
homeowners participated.
Supervisor Tupper thanked Town Clerk/Tax Collector Snyder on behalf of the Board and
stated they appreciated all the work that was done. He also thanked Assistant Code Enforcement
Officer, Desiree Campbell for helping the Town Clerk's Office with sorting and filing the paid
tax bills, which was a greatly appreciated by the Town Clerk's Office.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated February 1, 2012, regarding programming
services. All voting aye, the motion was carried.
Under old business, Councilman Leach apprised the Board he audited the Supervisor's
records and found everything to be in order. Councilman Testa would be auditing the Town
Clerk/Tax Collection records later in the month.
Attorney Folmer reported:
Cortland County IDA - Fingerlakes East Business Park:
Attorney Folmer recognized Attorney John Sidd, representing the Cortland County IDA,
and Garry VanGorder, Executive Director of the Cortland County IDA/BDC who were in
attendance. Attorney Folmer apprised the Board that he had in his possession a warranty deed,
bill of sale, and a deed relating to drainage easements regarding the Industrial Development
Agency's access road. Attorney Folmer thought the documents were in the proper form to be
accepted this evening, however this afternoon he discovered that included in the right-of-way for
the road is a small island. The purpose of the island is so the IDA can install a sign that complies
with the Town's ordinance, identifying the entranceway to the park. The problem with the
document as it was drawn was that it conveyed the title to the island along with the road to the
Town. Once that conveyance occurs, the Town has a policy that it does not allow signs to be
erected on Town property. Attorney Folmer and Attorney Sidd discussed the matter and decided
that the conveyance could contain a restriction that says that the "IDA is reserving the right to
make use of, to use and maintain that island for signage purposes, construction of a sign that
would be in compliance with the Town's ordinances." Attorney Folmer asked the Board to
adopt a resolution accepting the conveyance of the road with the exception and reservation of the
right to maintain that island for sign purposes; to accept the conveyance of the drainage
easements that are identified on the survey map that are described by legal description; and to
accept a bill of sale to those items that are personal property that could be connected with the
grant of the roadway. Attorney Folmer also asked the Board to adopt the resolution subject to
his approval of the final documents before they are recorded.
Attorney John Sidd added that there are sewer and water lines in the roadway right-of-
way which is what the bill of sale was for. At this time, the Town had not yet accepted the water
or sewer lines; the lines were inspected but not formally accepted. Attorney Folmer explained
17
FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 3
that the resolution would accomplish the acceptance of the lines, because included in the bill of
sale for personal property was the water and sewer lines.
Councilman Proud mentioned that there were some minor concerns with the sewer line,
and questioned whether Water & Sewer Sup't. Alteri should speak with Attorney Folmer.
Attorney Folmer stated there was a contractually obligated bond between the IDA and Adhan
Piping, which expires September 12, 2012. Attorney Folmer already spoke with Highway Sup't.
Bush and Water & Sewer Sup't. Alteri, and they determined there was enough time to address
the concerns and complete the necessary testing prior to the expiration of the bond.
Councilman Proud also questioned whether allowing the IDA to put the sign in would set
a precedent for the Town. Attorney Folmer stated no, and explained that if the conveyance is
made to the Town and the right to use the island is reserved, then the title to the island did not
come free and clear to the Town. The Town would not have absolute ownership of the island.
The difference is that on other pieces of property the Town has a fee simple absolute title.
Attorney Folmer also mentioned that at the last meeting there was a question as to
whether the Highway Department would have to start plowing the roadway. He spoke with
Highway Sup't. Bush who indicated it would not be a problem to start plowing the roadway.
RESOLUTION #29 ACCEPT ROAD, DEDICATION OF FINGERLAKES EAST
DRIVE; ACCEPT THE CONVEYANCE OF DRAINAGE
EASEMENTS; AND ACCEPT BILL OF SALE; ALL SUBJECT
TO TOWN ATTORNEY APPROVAL
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Town of Cortlandville Highway Sup't. has inspected the road called Fingerlakes
East Drive and has determined that such road has been constructed in accordance with Town
standards, therefore
BE IT RESOLVED, the Town Board does hereby accept the dedication of the road known as
Fingerlakes East Drive from the Cortland County Industrial Development Agency, with the
exception and reservation of the right to maintain the island for sign purposes, and it is further
RESOLVED, the Town Board does hereby accept the conveyance of the drainage easements that
are identified on the survey map and are described by legal description, and it is further
RESOLVED, the Town Board does hereby accept the bill of sale to those items that are personal
property that could be connected with the dedication of the roadway, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to execute the documents when
delivered to the Town in an acceptable form, subject to the Town Attorney's approval of the
final documents before they are recorded.
Garry VanGorder, Executive Director of the Cortland County IDA thanked Attorney
Folmer for all of his work on the project.
Councilman Rocco apprised the Board he has had numerous inquiries regarding the
business park from businessmen and others in the community. One person suggested the land be
given to businesses to entice them to come to our community, with stipulations on things such as
wages and how much money was put into the construction of the building. Councilman Rocco
mentioned that business parks in other communities have given the land to businesses, and
questioned whether something similar could be done within the Fingerlakes East Business Park.
Mr. VanGorder explained that the land eould not be given away because a number of
funding sources were used, including Federal, State, County, and Town funds. The sale of the
property, at market value, would pay back the funds that both the Town and County put into the
project. He suggested that perhaps the business parks that were able to give land away had
private funding. Mr. VanGorder suggested that Councilman Rocco inform his constituents that
the Town and County would be paid back funds that they loaned to the IDA for the park with the
sale of the properties.
Attorney Folmer apprised Councilman Rocco that it was constitutionally prohibited for
public funds to be given away, or for public property to be given away. The same would apply
to the Fingerlakes East Business Park because federal, state, and local funds were used.
FEBRUARY 01, 2012 TOWN BOARD MEETING PAGE 4
Attorney Sidd stated there are ways in which to provide incentives to get businesses to
locate to the park, such as tax exemptions through the IDA. Mr. VanGorder added that the IDA
has had several inquiries on properties within the park and was working hard to sell the
properties. However, it takes time to build out such a park. The business park in Tompkins
County is still building out after 8 years.
Street Lighting in New Developments:
Attorney Folmer reported that he told the Town Planning Board he anticipated that the
Board would be adopting a resolution asking them to consider requiring residential developers to
provide adequate street lighting as part of their{ development plan. Attorney Folmer asked the
Board to adopt a resolution to take that step for'future projects.
Councilman Proud stated he would like the Planning Board to focus on the safety issues
for street lights rather than aesthetics. He stated that while the lantern style street lights look
nice, they do not cast a lot of light on the roadway.
Councilman Rocco stated it was important for all of the lighting to be installed at the time
the development was being constructed, and suggested that perhaps only a few of the street lights
could be turned on where they were needed. Councilman Rocco suggested the Town also look
into lighting similar to what the Town of Dryden has; decorative lighting that saves the taxpayers
money as well.
RESOLUTION #30 REQUEST TOWN PLANNING BOARD REQUIRE
DEVELOPERS TO INCLUDE STREET LIGHTING IN
RESIDENTIAL DEVELOPMENT PLANS
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does request that the Town Planning Board require
developers to include efficient street lighting in residential development plans as a matter of
safety.
Stormwater Plans:
Attorney Folmer apprised the Board there was discussion at the January 31, 2012 Town
Planning Board meeting that there are many Stormwater Management plans existing in the Town
that have been approved by both the Planning Board and the Town Board in connection with the
Aquifer Protection permits. All of the stormwater plans should have a stormwater maintenance
plan in place. However, Attorney Folmer explained that at this time nobody is charged with the
responsibility of doing the maintenance inspection. The Town Planning Board suggested the
Board enter into discussion with Cortland County Soil & Water Conservation District with
regard to the maintenance of approved Stormwater Management Systems, and to make sure the
inspections were actually being done. No action was necessary at this time.
Councilman Testa questioned whether the wells were being tested with regard to the
Wal-Mart Supercenter. Attorney Folmer explained that it was not yet time for the testing to be
conducted.
Attorney Folmer informed the Board that Planning Board Member Nick Renzi prepared a
report concerning the applications that the Planning Board acted on, as he does at the end of
every quarter and every year. According to the report the Planning Board acted on 89
applications in the year 2011 as opposed to 66 applications in the year 2010. One of the reports
generated by Mr. Renzi lists the conditional permits that were granted, which is given to the
Town CEO to follow up on during fire inspections. If a conditional permit is granted to a
property in which no fire inspection is accomplished, either the CEO or Planning/Zoning Officer
make arrangements to ensure the conditions have been met.
Hydrofracking:
Attorney Folmer reminded the Board that they adopted a resolution at their last meeting
concerning hydrofracking, in support of Cortland County Home Rule Authority. Attorney
Folmer suggested a copy of the resolution be forwarded to Governor Cuomo, Senator Seward,
Assemblywoman Lifton, Assemblyman Finch, and Assemblyman Kolb, in addition to Cortland
County.
19
FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 5
Wind Turbines:
Attorney Folmer apprised the Board he scheduled a meeting for himself, Councilman
Rocco, and Councilman Proud to meet with James Trasher of Clough Harbour & Associates to
discuss wind turbines within the Town and to work with a draft of a local law which Mr. Trasher
prepared. Attorney Folmer asked for direction from the Board. He questioned whether the
Board wanted the committee to draft a local law that permits the location of wind farms on a safe
and sound basis, or whether the Board wanted a draft local law that was so restrictive that the
wind turbines could not be constructed within the Town. Attorney Folmer asked for clarification
so that the meetings with CHA could focus on the,direction that the Board wanted to take.
Councilman Rocco informed the Board that according to a January 201h article the Farm
Bureau in Ontario Canada, which represents 30,000 farm families in Ontario, petitioned the
Canadian government for the immediate cessation of all new wind permits until answers are
brought forth on: 1) noise issues, 2) vibration issues, 3) health, 4) and succession issues on farms.
Councilman Rocco stated there was also a concern with fighting between neighbors and
concerns that some people have wind turbines that are impeding on their neighbors.
Councilman Rocco stated there are many farms in our community, and suggested that the
farmers be consulted. In Lowville, New York many farmers have stopped farming and have 15
miles of wind turbines instead. Councilman Rocco referred to the map of the proposed wind
farm in Cortland County which he provided to the Board. The wind turbines are spread out
throughout several towns and would impact a lot of people. Councilman Rocco recalled a recent
statement made by Michael Park, Chair of the Cortland County Legislature, in which he
welcomed TCI Renewables and stated that the wind farm would be good for Cortland County.
Councilman Rocco stated there are a lot of people who have the point of view that a wind farm
would be the worst thing that could happen to Cortland County.
Councilman Rocco voiced his concerns regarding the distance between houses and wind
turbines, and feared that the minimal distance would be required. He suggested that there should
be a referendum in the County over this issue. He referred to the proposed map of the wind farm
and pointed out that many people would have three or four turbines surrounding their homes and
questioned how fair that was. Councilman Rocco suggested that the people who are being
approached to sign leases for the wind turbines consult an attorney to be sure they thoroughly
understand the document.
Councilman Rocco explained that investors only pay 11 % of what it costs to put the
turbines up, while the government pays 89%. The investors get tax credits and accelerated
depreciation; the turbines don't even have to turn for the investors to make money. Councilman
Rocco stated the turbines would not be here to produce energy, but would be here to produce
money for the investors. If all of the turbines proposed for Cortland County functioned 24 hours
a day, 7 days a week it would produce enough power for 21,000 homes, however he speculated
that that would not be the case.
Councilman Rocco urged the Board to learn about wind turbines and to attend the County
Legislature's meeting on Thursday, February 2, 2012 regarding wind turbines, and to ask a lot of
questions. He stated that he has researched wind turbines for the past six years and has visited
twelve wind farm locations. He stated that he was not against wind turbines, but was in favor of
them being appropriately placed. Wind turbines are being built in the ocean, five miles out. The
interior department is laying out areas, and Google is spending their excess cash on putting in the
power lines. Such turbines function 24 hours a day, 365 days a year and actually produce
energy, not just tax credits and accelerated depreciation for the investors.
Councilman Proud stated that he and Councilman Rocco have a difference of opinion on
the wind turbines, yet they were asked by the Board to sit down and craft regulations for the
Town which they were unable to do. Therefore, it was necessary for the Board to make a
decision as to whether they should craft regulations that would allow the wind power in the
Town under safe, reasonable, regulations, or should they write a regulation that would be so
restrictive that no one would think about building a wind turbine in the Town.
Councilman Proud made a motion to the Board that they craft regulations that will allow
commercial wind power in the Town under safe standards. Councilman Leach seconded the
motion. Attorney Folmer stated that the substance of the regulations have not yet been drawn, so
the only discussion that needs to be had at this point is what type of regulations should be
crafted. If the motion is adopted, he stated that he, Councilman Proud, and Councilman Rocco
would try and craft reasonable and safe, sound regulations to deal with the location of wind
turbines or windmills within the Town. Discussion would come at a later time while they crafted
the ordinance and during public hearings. Attorney Folmer reminded Councilman Rocco that the
only time they could provide a referendum was when the statute gives you permission or requires
you to conduct a permissive referendum. What was being discussed did not fall into either of
Zo
FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 6
those categories, so the Board would be making the decision rather than leaving it up to the
public.
Councilman Leach stated that not everyone was against wind turbines. He recalled one
town resident who approached the Board in the past who was in favor of a turbine on his
property. He stated that the Board has to start somewhere with its regulations.
Councilman Rocco stated this was the worst thing the Board could do for Cortlandville.
He was adamant that the Town does not need wind turbines. Councilman Rocco asked for a roll
call vote.
RESOLUTION #31 AUTHORIZE AND DIRECT THE WIND TURBINE
COMMITTEE TO DRAFT SAFE, SOUND, AND
REASONABLE REGULATIONS FOR THE LOCATION OF
WIND TURBINES WITHIN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Proud
Aye
Councilman Leach
Aye
Councilman Rocco
Nay
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Cortlandville Wind
Turbine Committee, made up of Councilman Rocco, Councilman Proud, and Attorney Folmer, to
draft safe, sound, and reasonable regulations for the location of wind turbines within the Town of
Cortlandville.
There was further discussion regarding the meeting to be held February 2, 2012 at the
County with TCI Renewables. Councilman Rocco requested that the entire Board attend the
meeting. Supervisor Tupper stated it would be up to each individual Board member as to
whether they wanted to attend or not. Councilman Leach indicated that he would not be
attending the meeting, and commented on Councilman Rocco's conduct at past County meetings
which he felt Councilman Rocco was unprofessional as an elected official and disrespectful to
other elected officials. Councilman Rocco and Councilman Leach bantered back and forth.
Councilman Testa interjected and stated that he did not like Councilman Rocco's conduct for
disputing with another member of the Board, and stated that everyone is entitled to their own
opinion. Councilman Testa stated that the Board directed Attorney Folmer, Councilman Proud
and Councilman Rocco to work with Clough Harbour & Associates to draft an ordinance. He
stated there would be more discussion at a later date, but requested the Board move on to discuss
the items on the agenda.
There was a brief discussion regarding correspondence from NYS Homes & Community
Renewal. Supervisor Tupper apprised the Board the Governor changed the way that grant
money is disbursed under the Office of Community Renewal (OCR). If the paperwork is not
filled out properly and in a timely fashion the Town's grant money could be jeopardized.
Supervisor Tupper explained that the process was much more complicated as it included more
paperwork.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from New York State Homes,& Community Renewal, dated January 19, 2012,
regarding the HOME State Recipient Disbursement Process Change. All voting aye, the motion
was carried.
21
FEBRUARY O1, 2012 TOWN BOARD MEETING PAGE 7
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from New York State Homes & Community Renewal, dated January 26, 2012,
regarding the HOME State Recipient Disbursement Process Change. All voting aye, the motion
was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from New York State Homes & Community Renewal, dated January 12, 2012,
regarding the HOME, RESTORE, and Access to Home Active Projects Signatory & Depository
. Forms to be completed and returned to NYS Homes & Community Renewal. All voting aye, the
motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from New York State Homes & Community Renewal, dated January 27, 2012,
regarding the request for Federal assistance Expenditure Form for all NYS CDBG and NYS
HOME Programs to be completed and returned to NYS Homes & Community Renewal. All
voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Rich DeGuida, Clough Harbour & Associates LLP, dated January 17,
2012, regarding the NYS Route 13 Sewer Rehabilitation Project. All voting aye, the motion was
carried.
,a,.
RESOLUTION #32 AUTHORIZE SUPERVISOR TO SIGN THE NYS ROUTE 13
SEWER REHABILITATION PROJECT — CWSRG PROJECT
LISTING FORM
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
NYS Route 13 Sewer Rehabilitation Project — CWSRG Project Listing Form and to submit the
form to the New York State Environmental Facilites Corporation (NYSEFC).
RESOLUTION #33 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY DAVID YAMAN TO THE TOWN AND
COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Leach
Seconded by Councilman'.Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by David Yaman for
Phase I of a 9,200 sq. ft. commercial retail center, for property located at 859-865 Route 13, tax
map #95.00-10-04.000, shall be forwarded to the Town and County Planning Boards for review
and recommendations.
Attorney Folmer informed the Board that the Town Planning Board was waiting for
additional information with regard to Mr. Yaman's Aquifer Protection Permit application.
Therefore, the application would not immediately be forwarded to the County Planning Board
for their review.
z�-
FEBRUARY 01, 2012 TOWN BOARD MEETING PAGE 8
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:00 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 March 2, 2012.
The draft version of this meeting was approved as written at the Town Board meeting of March 21, 2012.
u
1