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JUNE 20, 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; Paul
Allen, President of the Board of Directors, and Glenn Reisweber, Executive Director, of the
Lime Hollow Center for Environment & Culture; Steve Flatt; News Reporters: Matthew Nojiri
from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order and reminded those in attendance that the
next Town Board Meeting would be held on July 11, 2012 in the conference room at the J.M.
McDonald Building at 5:00 p.m.
There was discussion regarding the Draft Town Board Minutes of June 6, 2012. Attorney
Folmer pointed out that on page three, under his report regarding tax certiorari proceedings, the
word "exception" should be replaced with the word "acceptance." Town Clerk Snyder also
indicated that under Attorney Folmer's report on wind turbines, it should be noted that his
conversation was with "Attorney" Gary Abraham rather than Mr. Abraham.
Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of June 6, 2012, with corrections. All voting aye, the motion was carried.
RESOLUTION #102 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0095
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0095 submitted by Water & Sewer Sup't. Alteri to be paid to Grant Street
Construction for repairs to the Polkville sewer main in the amount of $9,800.00.
RESOLUTION #103 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1161
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1161 submitted by Highway Sup't. Bush to be paid to Tallmadge Tire for the
purchase of tires and wheels for a Cortlandville Highway Department truck in the amount of
$2,582.16.
RESOLUTION #104 AUTHORIZE PAYMENT OF VOUCHERS — JUNE
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:
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JUNE 20, 2012
TOWN BOARD MEETING
PAGE 2
General Fund A
Vouchers #334 - 369
$114,692.38
General Fund B
B79 - B90
$
41,542.20
Highway Fund DB
D183 - D214
$
79,354.86
Trust & Agency
T16 - T18
$
30,237.45
Water Fund
W 170 - W 192
$
27,790.57
Sewer Fund
S84 - S84
$
4,048.35
Capital Project
H6 - H6
$
3,485.00
Supervisor Tupper offered privilege of the floor to Glenn Reisweber
and Paul Allen from
the Lime Hollow Center for Environment & Culture.
Glenn Reisweber, Executive Director of the Lime Hollow Center for Environment &
Culture (the "Center"), updated the Board regarding the Center's summer camp program, which
would begin Monday, June 25, 2012. The summer camp program increased 240% since 2006;
1065 campers signed up for 2012, while there were 314 campers in 2006. Mr. Reisweber
thanked the Board for their help with the summer camperships, which is a merit and needs based
scholarship program.
Mr. Reisweber apprised the Board the Center received a grant in December 2011 that
would allow them to purchase 31 acres from Dick and Phyllis Osbeck. The property, which is
next to the Chicago Bog, would add green space to the Center. Mr. Reisweber explained that the
Center was also working with Gary VanGorder from the Cortland County IDA/BDC to purchase
38.8 acres in the Chicago Bog area. He stated that the Center was the ideal organization to pick
up managerial and stewardship rights for that area.
On another note, Mr. Reisweber explained that for the next three years, the Center would
be working on a partnership with OCM BOCES. OCM BOCES has an environmental science
program that has been based at the Tunison Lab since 1993/1994. The program, which is made
up of 20+/- high school students, would be moving to the Lime Hollow Center for Environment
& Culture. The OCM BOCES Construction Trades Program would start construction on a
building in September 2012, Mr. Reisweber was excited that high school students would be
constructing a building to be utilized by high school students, which he did not believe was
happening anywhere else in the country. He explained that the building would be constructed at
the OCM BOCES McEvoy Center, brought to the Lime Hollow site in the spring of 2014, and
open for business in the fall of 2014. Mr. Reisweber apprised the Board that the Center has a
renewable lease for the buildings at Tunison Lab, which were built circa 1850s. A few years
ago, it was suggested to the Center that they consider moving both of their operations to a
different location due to the conditions of the buildings. Mr. Reisweber was hopeful that the
buildings would hold up until the new building was complete in 2014.
Supervisor Tupper questioned the location of the new building, and questioned whether it
was a "green" building. Mr. Reisweber could not disclose the location of the new building since
the Board of Directors had not voted on the matter yet. The building would be in the vicinity of
the Lime Hollow Nature Center. Mr. Reisweber explained that the new building would be "net
zero energy." The architect for the project was told that Lime Hollow did not want to pay
anything for utilities. He apprised the Board that last year the Visitor Center paid $2,100 for
utilities for the commercial building. The Center has the second largest solar panel in the
County.
Councilman Testa questioned how many acres are owned by the Center. Mr. Reisweber
informed the Board that the Center owns 402 acres, but in 2 weeks would own 431 acres. With
the Chicago Bog, the Center hoped to own 480 acres in a couple of years. The Center started
with 100 acres. Mr. Reisweber stated that green space was important, and that the Center was
there to preserve it.
The Board congratulated Mr. Reisweber on all the accomplishments the Center had
achieved.
Paul Allen thanked the Board for their support with the summer camperships. He stated
that the Center has a mission of "no child left indoors", and that the project for the new education
center was designed to meet that need. Mr. Allen mentioned that 100 campers were turned away
from the 2012 summer program; they were not able to meet the needs that the Center has
"developed and nurtured." Mr. Reisweber added that new building would basically open up a
fourth site, expanding the summer program.
Councilman Rocco acknowledged Mr. Reisweber for his enthusiasm, hard work, and
persistence with all that he does for the Lime Hollow Center for Environment & Culture and the
community.
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JUNE 20, 2012
TOWN BOARD MEETING
PAGE 3
Supervisor Tupper offered privilege of the floor to Steve Flatt.
Town resident, Steve Flatt requested privilege of the floor to comment on several points
made at the last Town Board Meeting. First, with regard to solar panels, he recommended the
Board wait another year or so to invest in solar panel technology. He believed that the
technology would be changing and that the Town would get more "bang for its buck".
With regard to windmills, Mr. Flatt discussed a comment made at the last meeting about
the health and relationship between high energy transmission lines and that it wasn't proven. He
stated that for "most of my lifetime they said there was no link between cigarette smoke and
cancer and we know that's not true." Mr. Flatt stated this was a non -natural phenomenon, and
the best you could say now is that you don't know what the link is rather than there isn't any.
Mr. Flatt advised the Board that he spoke with a woman who has a particular interest in
windmills who looked into some research that was done out west. Mr. Flatt stated that windmills
are anchored into the bedrock and there is a lot of vibration involved that can be transmitted
through the bedrock. There is a major difference between the bedrock on the west coast and that
of the east coast; bedrock on the west coast is very fractured, fissured, and doesn't transmit
vibration as well as it does on the east coast. Mr. Flatt gave the example of an earthquake that
occurred last year in Virginia that was felt quite significantly in Cortland, which is 450-500 miles
away. Mr. Flatt suggested that the same size earthquake in California may have only been felt
for 75-100 miles. Mr. Flatt's point was that the vibrations caused by the windmills on the east
coast may be transmitted a lot further than studies out west indicate. He asked the Board to
consider that factor when discussing setbacks.
On another note, Mr. Flatt stated we were 6 months into the election year and wanted to
give a government report card. He gave the federal, state and county an "F" and gave the Town
a C+/B-.
Mr. Flatt commented on discussion the Board had at their last meeting regarding the
reduction of speed limit on East River Road. He stated that a reduction in speed limit was not as
simple as the Board made it out to look. He gave his credentials, which included working with
the Traffic and Safety Division in Syracuse, New York. He recalled that several years ago he
approached Councilman Rocco and offered his assistance to the Town with regard to their speed
limit request on a particular road. Mr. Flatt offered his assistance to the Town once again. He
also suggested that it may be time to look at the McLean Road/Lime Hollow Road speed limit
again, as traffic patterns may have significantly changed due to the new Wal-Mart Supercenter.
Mr. Flatt also suggested the Town look into legislation that went before the State a couple of
years ago that would give municipalities the right to dictate speed limits for their own roads. Mr.
Flatt was not sure whether the legislation passed.
Finally, Mr. Flatt mentioned the issue regarding overnight parking at the Wal-Mart
Supercenter. Mr. Flatt contacted Wal-Mart and spoke with the Assistant Manager who voiced
her concerns regarding safety and policing the parking lot for overnight campers. Mr. Flatt
continued to voice his opinion on the matter, and was concerned that the Town passed such a
law. Attorney Folmer clarified that the Town does not have a local ordinance prohibiting
overnight parking in the Wal-Mart parking lot. He explained that the "no overnight parking"
was a condition set forth in Wal-Mart's conditional permit and site review process adopted by
the Town Planning Board.
RESOLUTION 4105 ACCEPT 2012 TAX COLLECTOR'S SUMMARY
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the 2012 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 2012 was on the table for
review and is filed in the Town Clerk's office.
JUNE 20, 2012 TOWN BOARD MEETING PAGE 4
Councilman Rocco requested privilege of the floor. He apprised the Board he received a
phone call from a Cortlandville resident who owns 32 acres of land where he planned to build his
"dream house." The resident built a pole barn, constructed a 500' road, and then found out there
were wind turbine locations that would be relatively close to his home. The resident is now
ready to construct his home, but is concerned because the neighboring property owners signed
leases without him knowing. A similar situation occurred to another person constructing a house
not far from this resident as well.
Councilman Rocco stated that at the last Town Board Meeting they heard from Mr.
Soshinsky and his situation relative to owning farm land and his reasons for wanting the distance
of the wind turbines to be as close as possible. Councilman Rocco gave the Board the example
of someone on the other side of the issue.
Attorney Folmer reported:
Fire Code Violation — Unsafe Building on Route 13:
Attorney Folmer reported on the status of the former Golden Skillet property. At the last
Town Board Meeting the Board directed Attorney Folmer to prepare an Order by the July 11,
2012 meeting. Attorney Folmer asked CEO Williams to contact Mr. Freeman to that effect,
because the "clock starts to run" when the Board enters the Order on July 1lt". CEO Williams
contacted Mr. Freeman by email on June 18, 2012 at 12:12 p.m., and received a response from
Mr. Freeman five minutes later. Attorney Folmer read aloud an excerpt from the email. It
appeared that the owners were moving forward with the demolition of the property. The Town
confirmed with Contento's that they were in discussion with the owners to demolish the
property. Attorney Folmer stated that was one of the reasons the Town gave some time between
the hearing and the date of the Order so the property owner could take care of the demolition
rather than the Town. If the Town had to take care of the demolition, the Town ordinance would
permit the Town to establish the cost of the demolition on the property tax bill, as well as an
additional 50% of the cost of demolition to cover the administrative costs. The Town would still
enter the Order, but it appeared that the matter would resolve itself.
There was a brief discussion regarding the request made by the Lime Hollow Nature
Center for the Town to approve and endorse support for the Center's application to the New
York State Office of Parks, Recreation and Historic Preservation for a grant. Councilman Proud
asked for clarification that the Town would have no financial obligation to the Nature Center.
Supervisor Tupper stated that the Town was only endorsing the application, and assured him that
there would be no financial obligation.
RESOLUTION #106 APPROVE AND ENDORSE THE SUPPORT FOR THE LIME
HOLLOW NATURE CENTER TO SUBMIT AN APPLICATION
TO THE NEW YORK STATE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION FOR A
GRANT
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Lime Hollow Nature Center is applying to the New York State Office of Parks,
Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection
Fund for a park project to be located in the vicinity of Lime Hollow's Visitor Center in the Town
of Cortlandville, Cortland County, New York, a site located within the territorial jurisdiction of
this Town Board, and
WHEREAS, as a requirement under the rules and these programs, said not -for -profit corporation
must obtain the "approval/endorsement of the governing body of the municipality in which the
project will be located", now therefore
BE IT RESOLVED, by this august body that the Town Board of the Town of Cortlandville
hereby does approve and endorse the application of Lime Hollow Nature Center for a grant
under the Environmental Protection Fund for a park project known as Lime Hollow BOCES
Environmental Education Center and is located within the Town of Cortlandville.
JUKE 20, 2012 TOWN BOARD MEETING . PAGE 5
There was discussion regarding the standard workday for elected and appointed officials.
Supervisor Tupper stated that the last time the standard workday for officials changed was 1999.
He explained that recently, one of the members of the Zoning Board of Appeals, who is a
member of the New York State Retirement System, asked where he fell into the retirement
system for the Town. The Town did not have a standard workday established for Planning
Board or ZBA Members and did not report them to the NYS Retirement System. Supervisor
Tupper explained that because the ZBA Member asked, the Town has to establish a standard
workday and report it to the NYS Retirement System. Supervisor Tupper suggested establishing
a 6 hour standard workday for Planning Board and ZBA Members, which is the minimum
amount of hours to be considered full time. He explained that one other change was made to the
standard workday for officials. The Town Justice was changed from a 7 hour day to a 6 hour
day.
Town Clerk Snyder suggested the Board add the position Town Historian to the standard
workday list to avoid having to amend it in the future. She explained that the current Historian
was not interested in joining, however in the future if a new Historian was interested the Town
would have to offer it. The Board agreed.
Councilman Rocco questioned why his name was not included on the officials list. Town
Clerk Snyder explained that he was included on the list as a Town Councilman for a 6 hour day.
She was only required to report the hours worked by newly elected/appointed officials as of
January 1, 2012 that she did not report in the past.
Councilman Proud questioned if the Town Historian joined the retirement system, would
he get credit for a 6 hour workday? Supervisor Tupper clarified that the official would have to
prove time worked. For an example, if an official reported that he worked 6 hours per day, 5
days a week he would be considered full time for retirement. If the official worked I hour per
week he would receive 3% of the retirement. Town Clerk Snyder completes the calculations of
time reported and reports it to the NYS Retirement System. Councilman Rocco commented that
if he had 30 years of service as a Town Councilman, he would receive about $67.00 per month
from the NYS Retirement System.
RESOLUTION #107 AMEND AND ESTABLISH STANDARD WORK DAY FOR
ELECTED AND APPOINTED OFFICIALS
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby resolve as follows:
Resolution #131 of July 21, 1999 is hereby amended, and it is further
RESOLVED, the Town Board does hereby establish the standard workday for elected and
appointed officials for the purpose of determining days worked reportable to the New York State
and Local Employee's Retirement System, as follows:
Elected Officials:
Town Supervisor — six hour day
Town Deputy Supervisor - six hour day
Town Councilman - six hour day
Town Justice - six hour day
Town Clerk/Tax Collector - seven hour day
Town Highway Superintendent — eight hour day
Appointed Officials:
Town Assessor - seven hour day
Town Attorney - six hour day
Town Planning Board - six hour day
Zoning Board of Appeals - six hour day
Town Historian — six hour day
And it is further RESOLVED, this resolution shall become effective immediately.
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JUNE 20, 2012
TOWN BOARD MEETING
PAGE 6
RESOLUTION 4108
ESTABLISH THE STANDARD WORK DAY FOR ELECTED
AND APPOINTED OFFFICALS OF THE TOWN
OF CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby establish the following as standard work days
for elected and appointed officials and will report the following days worked to the New York
State Local Employees' Retirement System based on the record of activities maintained and
submitted by these officials to the Town Clerk of this body:
Days/Months
Town Time (based on Record
Elected Officials: Standard Work Day: Term of Office: Sheet/Log: of Activities)
Town Councilman: 6 hours 01/01/2012-12/31/2015 Time sheet 30 days
Town Justice 6 hours 01/01/2012-12/31/2015 Log 21.08 days
Zoning Board of Appeals 6 hours 01/01/2012-12/31/2015
There was a brief discussion regarding an application to the New York State Office of
Community Renewal for funding under the federal Small Cities Community Development Block
Grant Program — Economic Development. Supervisor Tupper explained that Thoma
Development Consultants would be at the public hearing to discuss the application.
RESOLUTION #109 SCHEDULE PUBLIC HEARING FOR FEDERAL SMALL
CITIES COMMUNITY DEVELOPMENT BLOCK GRANT FOR
JULY 11.2012
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 11, 2012 at 5:00 p.m. at the
J.M. McDonald Building on Fairgrounds Drive, Cortland, New York, regarding an application to
the New York State Office of Community Renewal for funding under the federal Small Cities
Community Development Block Grant Program.
RESOLUTION #110 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
THE SEWER OPERATING FUND TO THE CAPITAL
PROJECT FUND FOR THE NYS ROUTE 13 SEWER
REHABILITATION PROJECT
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the
Sewer Operating Fund to the Capital Project Fund for the NYS Route 13 Sewer Rehabilitation
Project, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
$3,485.00 from the Sewer Operating Fund to the Capital Project Fund for the NYS Route 13
Sewer Rehabilitation Project, and it is further
RESOLVED, the Sewer Operating Fund will be reimbursed when the Town receives bonding for
the Capital Project Fund for the NYS Route 13 Sewer Rehabilitation Project.
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JUNE 20, 2012 TOWN BOARD MEETING PAGE 7
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the letter of resignation for retirement from James E. Cogswell as Motor Equipment Operator for
the Town of Cortlandville Highway Department, effective June 29, 2012. All voting aye, the
motion was carried.
The Board wished Mr. Cogswell well, and thanked him for his 27 years of service to the
Town of Cortlandville.
Supervisor Tupper questioned whether there was anything else to come before the Board.
Councilman Leach thanked Highway Sup't. Carl Bush and the Town Highway
Department for trimming trees at the intersection of Route 11 and Blodgett Mills Road after
Councilman Leach received a complaint with regard to visibility. He also commended the Town
Highway Department and the Town Water & Sewer Department for their joint efforts on the new
waterline construction on Weaver Road.
Councilman Leach apprised the Board he received a phone call from a Town resident
questioning whether the Town could bring in a roll -off dumpster that residents could use to get
rid of unwanted items. Cortland County amnesty week was discussed, in which the Town can
take items to the County Dump at no charge. The Town does not collect items from residents,
but rather collects items from the sides of the roads throughout the year and then brings them to
the dump during amnesty week.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:05 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 June 29, 2012.
The draft version of this meeting was approved as written at the Town Board meeting of July 11, 2012.
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