HomeMy WebLinkAbout09-05-2012SEPTEMBER 05, 2012 5:00 P.M.
TOWN BOARD MEETING
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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
Deputy Town Clerk, Kristin Rocco-Petrella, RMC
Absent: Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Dr.
Mecke Nagel; Mike Barylski; Jerry Darling; Barb Leach; Andrew Porter; Attorney Mike Shafer
for Bestway Enterprises; Randy Young; Steve Flatt; News Reporter: Sharon Stevans for Channel
2 Access TV.
Supervisor Tupper called the meeting to order. He mentioned to Sharon Stevans that he
spoke with the City of Cortland today and was led to believe that they were making the
arrangements to purchase the new video equipment, which will be utilized to tape Town and City
meetings.
Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of August 15, 2012 as submitted. All voting aye, the motion was carried.
RESOLUTION #145 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER 40099
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 #0099 submitted by Water & Sewer Sup't. Peter Alteri to be paid to Pasco for
repairs to the Town Hall HVAC due to storm damage, for the total cost of $333.00.
Councilman Proud mentioned that a purchase order is required for purchases of $2,500 or
more and questioned why a purchase order was necessary for Pasco. Supervisor Tupper agreed
but stated that Pasco would not do the work without a purchase order. Many companies insist on
a P.O. before work is complete.
RESOLUTION #146 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER
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 #444 - 471
$
98,493.98
General Fund B
B 123 - B 131
$
20,283.41
Highway Fund DB
D323 - D344
$274,786.95
Trust & Agency
T22 - T24
$
30,165.07
Special Grants
C 12 - C 15
$
17,511.05
Water Fund
W237 - W258
$
9,474.51
Sewer Fund
S 114 - S 120
$
2,543.58
SEPTEMBER 05, 2012 TOWN BOARD MEETING
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Supervisor Tupper offered privilege of the floor to Dr. Mecke Nagel.
Dr. Mecke Nagel read from a prepared statement which was provided to the Deputy
Town Clerk and Supervisor Tupper. Dr. Nagel noted the Town's Moratorium on wind energy
facilities, which she stated was an indication of how serious the Town took the proposed wind
turbine project. In reviewing the prepared Scoping Document (for the Crown City Wind Farm),
she asked the Board to consider questions and areas of concern that have not been addressed but
which were raised in the Open Meeting in July and in the citizens' written questions. Such
questions were: What does TCI's wind data show, and what are the wind speeds at different
points in Cortlandville?
Dr. Nagel stated that Cortland County is wind poor, and was concerned with regard to
that fact. She stated that she was not against wind projects, but that they should be sited
properly. Dr. Nagel also mentioned her concern with the use of Rare Earth Metals that are
essential for the proper functioning of the gearbox of a current GE turbine. She stated that
radioactive waste is produced from mining the Rare Earth Metals. Dr. Nagel thanked the Board
for listening to her comments.
Supervisor Tupper offered privilege of the floor to Mike Barylski.
Mike Barylski apprised the Board he had three items to discuss. First, he mentioned that
a group of concerned citizens who have been meeting and talking about the windmill project
would be showing the movie Windfall at the Center for the Arts in Homer, on Thursday,
September 13, 2012 at 7:00 p.m. The public was invited to attend the, free showing, which would
include a question/answer period at the conclusion of the meeting. TCI was also invited to
attend.
Secondly, Mr. Barylski commented that the County as lead agency is moving forward
with scoping outlines. As a citizen of the Town, and as someone with 20 years of experience, he
stated that the document that the consultant prepared was "woefully inadequate" in that it took
"some liberties in excising comments" that he felt were substantive. He hoped that the Town as
an involved agency would take steps to suggest to the lead agency that they need to have all the
substantive comments considered and incorporated into the scoping outline so they could be
included in the Final Environmental Impact Statement.
Finally, Mr. Barylski apprised the Board that some members of the concerned citizens
group would like to have an opportunity to talk to the Board and present some information about
the various types of instruments that are available to ensure decommissioning; to ensure that
what ends up in the Town's draft ordinance has the full force and effect that the Board would
like.
Attorney Folmer questioned who the consultant was that Mr. Barylski mentioned with
regard to the report that was inadequate. Mr. Barylski indicated that although Pat Snyder is the
lead attorney for the County, the task of reviewing the comments from the scoping outline was
given to the engineer working for Labella. He stated that in his 20 years of personal experience,
if a comment was omitted from a report an explanation was given of why it was not
incorporated. Mr. Barylski suggested that some substantive comments have been omitted
without any explanation or rationale. He also stated that there was a sense of urgency because
the County Ag. & Planning Committee was meeting at 9:30 a.m. on September 6, 2012 to vote
on the adequacy of the document and have it sent to the entire Legislature.
Attorney Folmer stated that in his understating of the scoping process and SEQR review,
that a scoping document must address in some fashion each and every comment that is made;
they cannot avoid a comment. If a scoping document is submitted and accepted, and it has those
gaps in it, then the SEQR process is flawed. Mr. Barylski agreed and stated that the only
remedies in SEQR are through the courts. He stated that the Town is an involved agency, and
later on the Town may be "stuck writing findings on a document that may not have had all of the
issues adequately discussed at the end of the process."
Councilman Testa and other Members of the Board stated it would be helpful if Mr.
Barylski could provide the Board with comments prior to appearing at the next Town Board
Meeting. Mr. Barylski would send the comments to Supervisor Tupper to be distributed.
Supervisor Tupper offered privilege of the floor to Jerry Darling.
Jerry Darling questioned whether Dog Control Officer, Bill Carr was employed by the
Town as he wanted to make a complaint. Attorney Folmer stated that as he already explained to
Mr. Darling in a conversation yesterday, the Town contracts for the provision of dog services
with the SPCA. Mr. Carr is employed by the SPCA. He suggested that Mr. Darling discuss his
concerns with the Director and the Board of Directors of the SPCA.
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Councilman Rocco requested privilege of the floor. He mentioned the correspondence
the Board received from Victor Siegel regarding the financials of TCI, and thanked Mr. Siegel
for the information. He stated that he did not understand why the IDA that dispenses the funds
from the government to any wind company is not vetting the financials of this corporation. He
stated we would not want to be doing business with someone where if something went wrong we
could find ourselves in trouble with a partially completed project. Councilman Rocco stated that
he had the financials of the corporation, which would soon be made public, and encouraged the
Board to look them. Councilman Rocco reminded the Board that "there are 15,000 rotting
turbines in the United States that have not been taken down", and that after the government
money runs out the companies run away from their projects.
Supervisor Tupper mentioned that he received Mr. Siegel's correspondence today and
that copies were made and distributed to the Board and the Town Clerk.
The monthly reports of the Code Enforcement Officer for the month of August 2012, and
the Fire & Safety Inspection Report for the months of July and August 2012 were on the table for
review and are filed in the Town Clerk's Office.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated September 5, 2012, regarding programming
services. All voting aye, the motion was carried.
Supervisor Tupper mentioned that an article written by Connie White was printed in the
Scotsman Pennysaver on August 29, 2012 regarding the ceremony honoring contributors to Ted
Testa Park.
Attorney Folmer reported:
Easements:
Attorney Folmer apprised the Board that in connection with Mr. Yaman's construction
project for property located on Route 13, there are three easements that need to be accepted by
the Board. He explained that one easement was for the relocation of a waterline, and the other
two were sewer easements. Attorney Folmer was in possession of all three easements, which he
stated were in proper form. Both Highway Sup't. Bush and Water & Sewer Sup't. Alteri
indicated that the construction of the various utilities were done in accordance with the Town's
specifications. Attorney Folmer requested the Board adopt a resolution accepting the three
easements. He would provide the information regarding the easements to the Town Clerk's
office and would file the easements with the County Clerk's office.
RESOLUTION #147 ACCEPT WATER AND SEWER PERMANENT EASEMENTS
AND RIGHT-OF-WAYS FROM THE FERGUS COMPANY,
LLC AND CORTLAND COMMERCE RETAIL CENTER, LLC
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the following water and sewer
permanent easement and right-of-ways in connection with the construction of the Cortland
Commerce Retail Center:
Water Easement: Cortland Commerce Retail Center, LLC 863 Route 13 tax map #95.00-10-04.000
Sewer Easement: Cortland Commerce Retail Center, LLC 863 Route 13 tax map #95.00-10-04.000
Sewer Easement: The Fergus Company, LLC 857 Route 13 tax map #95.00-10-05.000
Demolition of Unsafe Building — Route 13 Partners, LLC:
Attorney Folmer apprised the Board that he and CEO Williams had a meeting with one of
the owners of the former Golden Skillet located on Route 13 regarding the demolition of the
building. He indicated that the Board may be receiving a presentation by the owners at the
September 19th Town Board meeting.
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SEPTEMBER 05, 2012 TOWN BOARD MEETING PAGE 4
Councilman Rocco informed Attorney Folmer that he received a complaint from a
constituent regarding Walgreens. He was told that the maintenance workers who clean the store
at night were dumping water in the outside stormwater drain, which may include
chemicals/waxes from cleaning floors etcetera. He asked Attorney Folmer to convey the
information to the appropriate people.
There was a brief discussion regarding the Owner -Occupied Loan Agreements between
the Town and Kyle Dinardo. Supervisor Tupper explained that both 2011 CDBG funds and the
2008 HOME Grant funds would be used. The project would use the remaining 2008 HOME
Grant funds, and the grant could be closed out.
RESOLUTION 4148 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
KYLE DINARDO FOR THE TOWN' S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Kyle Dinardo, 840 S. Lamont,
Cortland, New York, for a 100% deferred loan for the 2011 Community Development Block
Grant Housing Rehabilitation Program in the amount of $15,427.75.
RESOLUTION #149 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
KYLE DINARDO FOR THE 2008 HOME GRANT - SENIOR
HOUSING REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Kyle Dinardo, 840 S. Lamont,
Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant — Senior Housing
Rehabilitation Program in the amount of $13,760.00.
RESOLUTION #150 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN'S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM AND THE 2008 HOME
GRANT — SENIOR HOUSING REHABILITATION PROGRAM
BETWEEN THE TOWN AND KYLE DINARDO
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the Town's 2011 Community Development Housing Rehabilitation Program and the
2008 HOME Grant — Senior Housing Rehabilitation Program, between the Town of Cortlandville
and Kyle Dinardo, 840 S. Lamont, Cortland, New York, regarding the extension of loan funds by
the Town's CDBG Programs for the total amount of $29,010.00.
SEPTEMBER 05, 2012
TOWN BOARD MEETING
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RESOLUTION #151 AUTHORIZE APPROVAL REQUEST OF JONI GREENE AND
FERN CRANDALL FOR THE 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Joni Greene
and Fern Crandall, for property located at 11 North Street in the Village of McGraw, Town of
Cortlandville, for a 100% deferred loan for the 2011 Community Development Block Grant
Housing Rehabilitation Program, and it is further
RESOLVED, the work to be completed would include electric, exterior carpentry, masonry,
windows and doors, and other, for a total of $23,235.00.
RESOLUTION #152 AUTHORIZE APPROVAL REQUEST OF ELLEN CROSBY
FOR THE 2011 COMMUNITY DEVELOPMENT BLOCK
GRANT HOUSING REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Ellen
Crosby, for property located at 3645 Luker Road in the Town of Cortlandville, for a 100%
deferred loan for the 2011 Community Development Block Grant Housing Rehabilitation
Program, and it is further
RESOLVED, the work to be completed would include plumbing, roofing, masonry, exterior
carpentry, windows & doors, interior carpentry, heating and other, for a total of $25,000.00.
There was a brief discussion regarding authorizing the Town Clerk to make adjustments
up to $75.00 on water/sewer accounts without Town Board approval. Supervisor Tupper thought
that the authority was already given by the Board to the Town Clerk in the past, however Town
Clerk Snyder reviewed her records and found that the Board never took any action. Councilman
Proud also recalled that it was discussed in the past.
RESOLUTION #153 AUTHORIZE TOWN CLERK TO MAKE ADJUSTMENTS UP
TO $75.00 ON WATER/SEWER ACCOUNTS WITHOUT
TOWN BOARD APPROVAL FOR EACH ADJUSTMENT
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to make
adjustments up to $75.00 on water/sewer accounts without Town Board approval for each
adjustment.
There was discussion regarding correspondence from the Cortland County Soil & Water
Conservation District (SWCD) regarding the Phase 1 Proposal - Stormwater Systems
Maintenance Program for the Town of Cortlandville. Attorney Folmer explained that according
to the correspondence, there are over 40 stormwater systems in place in the Town of
Cortlandville. The Planning Board was concerned that the stormwater systems in place are not
checked on a regular basis to be sure that they are operating in accordance with the construction
diagrams and the specifications that were made when the approval of the system was given.
Attorney Folmer noted that one of the best stormwater systems in place is the system at Wal-
Mart, which is operating according to periodic reporting exactly as it is supposed to.
SEPTEMBER 05, 2012 TOWN BOARD MEETING PAGE 6
Attorney Folmer explained that the Planning Board opened up discussion on the matter
with Pat Reidy and Amanda Barber from the SWCD to find out what type of program could be
put in place for evaluating and monitoring the performance of the various systems. The
correspondence represented Phase 1 of the project. The proposal was presented to the Planning
Board in August 2012. The Planning Board adopted a resolution recommending the Town
Board enter into an agreement with the SWCD for Phase 1 for the cost of $6,000.00. Attorney
Folmer suggested the Board review the proposal and the Town's budget to see if the project
could move forward. He felt that the project was a very important step to take, and deserved to
be considered and dealt with relatively promptly.
Councilman Testa questioned whether the project included testing wells. Supervisor
Tupper indicated that the Town was talking with the SWCD about another well testing program,
but that wells were not included in the proposal. Attorney Folmer would talk with the SWCD
about putting together a similar proposal for testing wells.
Supervisor Tupper indicated that since the correspondence from the SWCD was included
in the Board's agenda packets they all had time to review the proposal. The Board could
authorize him to sign the proposal, as the SWCD would like to have Phase 1 complete by
December 31, 2012, and to have a report to the Board by February 2013. The Board would have
to put money for Phase 2 in the 2013 budget, although the Town was not obligated to participate
in Phase 2.
Councilman Proud mentioned that out of the 40 stormwater systems in the Town, the
proposal would cover the review of 33 commercial/industrial developments. Supervisor Tupper
explained that the residential stormwater systems would not be checked as they were in new
developments where if they were failing it would be visible. Councilman Proud agreed, but
added that they would be relatively easy to check.
Councilman Proud suggested the report made by the SWCD of the Phase 1 program be
submitted to the Town Planning Board for review. Attorney Folmer agreed and stated that the
Planning Board ought to receive the report as the primary contact, with information to be given
to the Town Board at the same time.
RESOLUTION 4154 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM
CORTLAND COUNTY SOIL AND WATER CONSERVATION
DISTRICT FOR PHASE 1 OF THE STORMWATER SYSTEMS
MAINTENANCE PROGRAM FOR THE TOWN OF
CORTLANDVILLE
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 the
proposal from the Cortland County Soil and Water Conservation District for Phase 1 of the
Stormwater Systems Maintenance Program for the Town of Cortlandville, for the total cost of
$6,000.00.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Daniel Dineen, Director of the Cortland County Planning Department,
dated August 16, 2012, regarding the Aquifer Protection Permit application of Intertek Testing
Services, for property located on Route 11, tax map #87.00-03-17.100, in which the County
Planning Board took "No Action" on the permit due to lack of a quorum; and to receive and file
the Cortland County Planning Department report dated August 15, 2012 regarding the Aquifer
Protection Permit application of Intertek Testing Services. All voting aye, the motion was
carried.
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SEPTEMBER 05, 2012 TOWN BOARD MEETING
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RESOLUTION #155 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
BESTWAY ENTERPRISES, INC. FOR PROPERTY
LOCATED ON LUKER ROAD
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for September 19, 2012 at 5:00 p.m. for
an Aquifer Protection Permit application submitted by Bestway Enterprises, Inc. for property
located on Luker Road, tax map #86.17-02-01.000.
RESOLUTION #156 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
INTERTEK TESTING SERVICES FOR PROPERTY
LOCATED ON ROUTE 11
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for September 19, 2012 at 5:00 p.m. or
as soon thereafter, for an Aquifer Protection Permit application submitted by Intertek Testing
Services for property owned by Electrical Testing Labs, Inc., located at 3933 Route 11, tax map
#87.00-03-17.100.
RESOLUTION #157 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
CROWN COURT, LLC FOR PROPERTY LOCATED ON
BENNIE ROAD
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for September 19, 2012 at 5:00 p.m. for
an Aquifer Protection Permit application submitted by Crown Court, LLC for property owned by
Wal-Mart Stores East, LP, located at 818 Bennie Road, tax map #105.00-02-04.000.
There was discussion regarding the Notice from the Cortland County Legislature
regarding the SEQR Positive Declaration for the Crown City Wind Energy Project. Councilman
Rocco asked for clarification of the Notice. Attorney Folmer explained that the County was
making the Town aware that they were making a Positive Declaration under SEQR with regard
to the proposed wind farm project. The County determined that the "project has the potential for
significant impacts including by not limited to visual, aesthetic, noise, water quality,
transportation, wetlands, avian, communications, and others." A Draft Environmental Impact
Statement (DEIS) would be prepared.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Notice from the Cortland County Legislature, via .Attorney Patrick Snyder, received August
31, 2012, regarding the State Environmental Quality Review Positive Declaration for the Crown
City Wind Energy Project. All voting aye, the motion was carried.
Supervisor Tupper questioned whether there was anything further to come before the
Board. Councilman Rocco reminded the public that a free showing of the movie "Windfall"
would be played on September 13, 2012 at 7:00 p.m. at the Center for the Arts in Homer.
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SEPTEMBER 05, 2012 TOWN BOARD MEETING PAGE 8
No further comments or discussion were heard.
Councilman Testa 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 final version of this meeting was submitted to the Town Board for their review on October 3, 2012.
The final version of this meeting was approved as written at the Town Board meeting of October 17, 2012.
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