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JULY 18, 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, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Absent:
Councilman Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Steve
Flatt; Victor Siegle; Mechthild Nagel from Concerned Citizens for Sustainable Energy; News
Reporter: Matthew Nojiri from the Cortland Standard.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Planning Board Minutes of June 26, 2012. All voting aye, the motion was carried.
RESOLUTION #129 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0131
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 #0131 in the amount of $3,500.00 submitted by Supervisor Tupper to be paid to
the Cortland Cable Commission to pay for half of the cost of a new video camera, battery,
carrying case, computer and software to be used by the Channel 2, Access TV which videotapes
Town meetings.
RESOLUTION #130 AUTHORIZE PAYMENT OF VOUCHERS — JULY
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
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General Fund A
Vouchers #398 - 406
$
18,957.56
General Fund B
B99 - B105
$
6,326.55
Highway Fund DB
D250 - D267
$
23,690.73
Trust & Agency
T19 - T21
$
30,271.56
Special Grants
C6 - C7
$
1,282.76
Water Fund
W207 - W214
$
26,958.17
Sewer Fund
S91 - S94
$
14,103.81
Supervisor Tupper offered privilege of the floor to Victor Siegle.
Victor Siegle of Homer, New York requested privilege of the floor to share some
thoughts regarding the wind turbines planned for Cortland County. Mr. Siegle read from a
prepared statement, in which he mentioned that he had been investigating TCI as a company and
found that it has only managed and completed one wind turbine project in 2005, in which the
single turbine weighed less than 25% of the turbines proposed for Cortland County. He also
discussed electricity, electricity reserves, and the dropping electrical demand in New York State.
He mentioned that wind energy suffers from "skitter", which means that when wind electricity is
unleashed into the electrical grid it may either cause brownouts and blackouts when the wind
doesn't blow, or may damage electronics when the wind blows too fast. Mr. Siegle's letter was
presented to the Board.
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JULY 18, 2012 TOWN BOARD MEETING PAGE 2
The monthly report of the Fire & Safety Inspections for the month of June 2012 was on
the table for review and is filed in the Town Clerk's Office.
Under old business, there was discussion regarding the letter sent by Town Clerk Snyder
to Erica Prindle and Rick Carter regarding their party to be held Saturday, July 21, 2012 on their
property located on Owego Street (Route 215) in the Town of Cortlandville. At the Board's
request, and with the assistance of Attorney Folmer, Town Clerk Snyder sent Ms. Prindle and
Mr. Carter a letter by regular mail today informing them of the Town's permit process. After
discussion amongst the Board regarding the address that the letter was mailed to and how it was
mailed, Councilman Proud suggested that as a courtesy the Town could contact the Sheriffs
Department and the Health Department. He mentioned concerns regarding the number of people
attending the event and the associated traffic and parking. Attorney Folmer stated that regardless
of whether a permit is issued by the Town to hold the event, the Noise Ordinance is still valid.
Attorney Folmer requested Town Clerk Snyder call the Health Department and fax them a copy
of the letter. The Board also requested that Sheriff Price be contacted and sent the information
via fax.
Attorney Folmer reported:
Training for Certification:
Attorney Folmer apprised the board he spent all day Monday at a continuing education
seminar. The subject of which was legal issues for municipal governments. The topics covered
were: fire departments and municipal governance; police liability claims; ethical difficulties that
come up regarding municipal representation; capital construction services; bidding contracts
etcetera; the interpretation powers of the Zoning Board of Appeals; and land use and planning
issues. Attorney Folmer was given materials regarding the subject matters and offered them to
the Board for review.
Windmill Ordinance:
Attorney Folmer apprised the Board he was in the process of finishing up the editing
changes to the proposed Windmill Ordinance. He anticipated that he would have the changes
done so it could be presented to the Board for review at the August lst Town Board Meeting.
Attorney Folmer mentioned a few things he wanted the Board to think about. The first
had to do with "process". He explained there are two ways that this could be accomplished. The
Town Board could be the lead agency that reviews and grants the permit, if one was to be
granted at all. The other alternative would be for the Planning Board to do the investigation and
make a recommendation to the Town Board similar to the process that is utilized for the Aquifer
Protection Permits. Attorney Folmer asked the Board to give some thought as to which method
they would be more comfortable with. The Committee drafting the proposed ordinance agreed
that the Board should make the decision.
The other issue, which was the biggest problem with regard to the Committee's
discussions, was the required setbacks for the facilities from residences, roads, etcetera.
Attorney Folmer stated there is "an honest disagreement" between the members of the committee
and the setbacks. The Committee decided that the Board will discuss setback requirements and
that the Board will determine what will go into the ordinance.
Supervisor Tupper stated that the proposed ordinance would become a public document
as of August lst, and mentioned that municipalities have already requested copies.
Councilman Testa stated he liked the idea of getting the Planning board involved.
Attorney Folmer stated that when the Board decides the process that it is going to use it would
have an impact on the SEQRA process. The Board could declare itself the lead agency for
SEQR and then the Planning Board becomes an interested or involved agency. If the Board goes
the other route, the Planning Board may be the lead agency and the Town Board becomes the
interested or involved agency. The Board eventually has permitting authority, which Attorney
Folmer explained defines the status the Board has under SEQR.
Attorney Folmer stated there are a lot of people who are concerned or curious about the
SEQR the County is doing with regard to the application that has been filed by TCI. Attorney
Folmer stated that he has a disagreement with at least one of the persons involved in the
discussion. He stated, "as I read SEQR it uses the language of formulating a proposal, which
means that it can be utilized in the formulation of a final approval." There are people who do not
agree with the interpretation, however both he and the County Attorney agree or else the County
would not be proceeding in the fashion that they are.
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JULY 18, 2012 TOWN BOARD MEETING PAGE 3
Attorney Folmer explained that the Town would have to do its own SEQR with regard to
1) the ordinance itself, and 2) when, as, and if an application is filed with the Town by TCI or
anybody else. The Town would have to address, to some extent, Mr. Siegle's concern and the
comments made tonight. Attorney Folmer explained that the proposed ordinance was not drafted
to deal with TCI, but was drafted for whoever makes an application. It was not drafted to either
assist or to prevent TCI in particular.
Attorney Folmer stated there were some provisions in the ordinance that are pretty
restrictive as to what is going to be required, but those were not aimed at any individual supplier.
The Board charged the Committee with drawing an ordinance which would permit the
construction of wind towers in a reasonable and safe manner, which is what the Committee
focused on.
Councilman Leach questioned when the public would be able to have input on the matter,
and when a public hearing would be held. Attorney Folmer explained there were two things the
Board would need to do. First, the Board would have to have a SEQR process, and those
enactments would be in the form of a local law. While it is discretionary as to whether the Board
has a public hearing or not with regard to SEQR, the Board may choose to have a public hearing
with regard to SEQR. On the other side, the Board may decide to have a single public hearing to
accomplish the hearing that the Board is required to have before they can adopt a local law. At
some point the Board would determine when the public hearing would happen.
Attorney Folmer stated that the Board would be presented with the draft ordinance at the
August 1st Town Board Meeting. However, he did not expect the Board to take any action
whatsoever on it until they've had a chance to review it. At the same time, copies of the draft
ordinance should be given to the Town Planning Board and the Zoning Board of Appeals.
Councilman Proud stated that review of the proposed ordinance would take some time to study.
As Attorney Folmer mentioned, one of the key elements to focus on was distances, however
there are other provisions in the draft that deserve some review and thought.
Attorney Folmer reiterated that the Board would be adopting an ordinance to regulate
wind towers. When, as, and if TCI or anybody else files an application with the Town, then they
would have to comply with the provisions of the ordinance that the board adopts. To discuss
whether or not TCI is qualified to do this work or not is not relevant to the ordinance itself.
Councilman Proud reminded the Board that the Town has a moratorium in place, so even
if Town receives an application they could not act on it until the moratorium is not in effect. He
maintained that the Town needs a wind ordinance. He stated that if TCI pulls its application and
nobody else comes around for 10 years, the Town would still be well served by having an
ordinance in place.
Councilman Testa questioned whether the Town would investigate the company or
individual who made an application to the Town. He also questioned if the Town could turn
down an applicant even if he followed the provisions of the ordinance. Attorney Folmer
suspected the Town would not reject an applicant who satisfactorily recognizes and meets all the
requirements. Supervisor Tupper agreed. He stated that when the Board conducts the public
hearing on the ordinance it would be limited to the local law only and not TCI or another
company. To alleviate some concern that the Town may have, Attorney Folmer stated there are
some very strict requirements to follow in order to construct wind towers.
Councilman Testa questioned whether there was anything in the draft ordinance that
would address whether a "deposit" would be required if a wind turbine was built. Attorney
Folmer stated the issue was addressed.
Order for Demolition — Route 13 Partners, LLC:
With regard to the Unsafe Building violation of the former Golden Skillet located on
Route 13, owned by Route 13 Partners, LLC, Attorney Folmer apprised the Board there was no
sign of any activity on behalf of the owners to demolish the building. He was not sure if any
asbestos work was complete or not. He informed the Board that the Order was served on the
owner and the 10 day clock, which began on Friday, July 13th, 2012, was running. CEO
Williams was on vacation and was due back on Monday, July 23`d, at which point the 10 day
period will have or would be expired. Attorney Folmer and CEO Williams would take the next
step at that point.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from NYS Homes & Community Renewal, dated July 11, 2012, regarding the
New York State Community Development Block Grant Project for Pall Corp. and the staff
reassignment for the program. All voting aye, the motion was carried.
JULY 18, 2012 TOWN BOARD MEETING PAGE 4
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Councilman Leach presented the Board with a petition from Patrick Leach for a reduced
speed limit on East River Road. He noted that some of the residents who signed the petition do
not live on East River Road but use the road for other purposes and have an interest. Town Clerk
Snyder suggested the Board receive and file the petition. She would forward the petition to the
County Highway Sup't. to be added to the Town's application for a reduction in speed limit,
which was already received by the NYS DOT.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Petition for a reduced speed limit on East River Road submitted by Patrick A. Leach and
signed by the residents of East River Road, Ames Road, and Loring Crossing. All voting aye,
the motion, was carried.
Attorney Folmer informed the Board that Pat Reidy and Amada Barber from the Cortland
County Soil and Water Conservation District were asked to put together a proposal for the Town
regarding inspecting and maintaining stormwater management systems. Kathy Wickwire, Chair
of the Planning Board, invited both Mr. Reidy and Ms. Barber to attend the July 31St Planning
Board Meeting to discuss the proposal. The Town Board was also invited to attend the meeting
to listen to the discussion. Attorney Folmer also reported that the testing of the stormwater
system at Walgreens was being conducted today.
Supervisor Tupper added that he met with both Mr. Reidy and Ms. Barber and was quite
impressed with how detailed their proposal was, however the cost was not indicated. Supervisor
Tupper also mentioned that he was provided with a list and the number of stormwater
management systems that were approved by the Town and have requirements that are not being
followed up on.
Councilman Leach commented on the repaving of Route 281 by the NYS DOT and
thought it was a job well done. Supervisor Tupper added that the DOT also erected all the NY
JETS signs on the highway to direct traffic to the training camp. The JETS would be in town
before the Board's next meeting.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 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 July 27, 2012.
The draft version of this meeting was approved as written at the Town Board meeting of August 1, 2012.
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