HomeMy WebLinkAbout10-03-2012OCTOBER 03, 2012
5:10 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; Keith
Dayton; Michael Barylski; Dr. Mecke Nagel; Victor Siegle; Steve Flatt; Barb Leach; News
Reporters: Neil Benjamin from the Cortland Standard; Eric Mulvihill from WXHC; and Sharon
Stevans for Channel 2 Access TV.
Supervisor Tupper called the meeting to order.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of August 28, 2012. All voting aye, the
motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the Cortlandville Planning Board Minutes of August 28, 2012. All voting aye, the motion was
carried.
RESOLUTION #179 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
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 #503 - 530
$100,961.24
General Fund B
B137 - B144
$
5,937.40
Highway Fund DB
D373 - D390
$
9,448.11
Water Fund
W272 - W288
$
9,458.04
Sewer Fund
S 131 - S 136
$
2,625.72
Supervisor Tupper offered privilege of the floor to Keith Dayton.
Keith Dayton introduced himself to the Board as a candidate for Cortland County District
Attorney, and presented a handout regarding his experience and qualifications. He discussed his
background as a practicing attorney for 19 years, primarily on the defense side of the justice
system, and as a reside nt of Cortland County. He apprised the Board that he was trained
specialist in the field of law and economics.
Mr. Dayton discussed his platform for District Attorney, which was for the strict and
efficient enforcement of justice, and to put Cortland first. He discussed several areas of concern
that he would address, including sex offenders, drug dealers, welfare, and efficient enforcement
which would alleviate some of the problems with the County Jail, including overcrowding and
the fact that over $100,000 is spent each year housing overflow inmates.
Mr. Dayton mentioned that as a defense attorney he was responsible for the
representation of more than 10,000 cases. His criminal trial record was greater than any other
attorney in Cortland County in the last 15 years. Mr. Dayton stated that he understood the
system and was prepared to assist Cortland County in changing direction. He felt that he would
make a dramatic and noticeable impact in both the level of safety in our county and with
taxpayer dollars.
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Supervisor Tupper offered privilege of the floor to Victor Siegle and Mike Barylski.
Victor Siegle stated that the proposed industrial wind turbine project was the worst public
or private project in Cortland County in his 45 years of business. He apprised the Board he had a
conversation with Bret, Gareth, and Mark from TCI and asked them "why are you here?" Their
one word answer was "incentives." Mr. Siegle explained that our tax dollars and utility
surcharges will pay for TCI to build and profit from the wind turbines.
According to the Draft Environmental Impact Statement, TCI admits that they will sell
the project, preferably to a large foreign company, before construction begins. Mr. Siegle stated
that every verbal promise TCI has made in the past four years was "dust in the wind." Mr.
Siegle discussed the SEQRA process and suggested that it was now time for the Cortlandville
Town Board to participate in the process. Mr. Siegle referred to the SEQRA handbook, which
states that each involved agency should assist the lead agency in reviewing a Draft EIS for
adequacy. He stated that if the Board does not participate in the review, the Board may not have
legal rights in the future because the legal rights come from the fact of participation. Mr. Siegle
read from the SEQRA handbook the following:
"What recourse does an involved agency have if it has participated in the EIS process but its
concerns have been ignored or inadequately addressed?"
"It is important for an involved agency which has substantive concerns regarding the EIS to make
this known to the lead agency. If the involved agency's comments have been disregarded or
responded to unsatisfactorily it may take such deficiencies into account in making its own
decision regarding the action which can result in negative SEQRA findings and a denial.
Alternatively you can commence litigation."
Mr. Siegle stated that the Draft EIS submitted by TCI was supposed to include
scientifically fair and balanced information, however he compared it to an infomercial that was
one sided and does not deal with real issues. The engineering consultants for the County,
LaBella, found almost 60 major deficiencies. Working independently, the County Ag. &
Planning Department also found almost 60 deficiencies. Mr. Siegle stated that almost 120 items
were found to be wrong with the document which relate to things such as setback, noise, and the
relationship between the County and Cortlandville. Mr. Siegle stated it was time for the Town to
participate so they would not lose any legal rights in the future.
Councilman Rocco stated that the Town would be conducting its own SEQRA and its
own DEIS, and questioned whether that eliminated the need for the Towri to participate in the
County's adventure. Mr. Siegle responded that he was not an attorney. However, in the SEQRA
rules, the County would do the DEIS and the FEIS and would come up with the findings. The
County then comes to the Town with information and then the Town would do its own findings.
Mr. Siegle stated that the Town should use the County's information, however the Town could
do its own research.
Councilman Rocco questioned whether the Town as an involved agency has or should
have received the DEIS from the County. Supervisor Tupper indicated .that the Town did not
have an application from TCI or anybody at this time; the application by TCI is strictly at the
County level and the County is conducting its SEQRA process. He stated that at this point the
Town would not waste its resources as it is very expensive to hire experts. The Town would
participate in the process and would read the documents. Supervisor Tupper stated that if the
application ever gets to the Town, the Town would hire the right consultants to go through the
process.
With regard to Councilman Rocco's question about the DEIS, Attorney Folmer stated
that SEQRA requires that a copy be made available, not necessarily provided. Town Clerk
Snyder recalled that the County submitted a document to the Town that was received and filed
through a Town Board Meeting, however she could not be certain if it was TCI's application or
the DEIS. Town Clerk Snyder would check her records.
Councilman Rocco asked for assurance that the Town did not have to participate in the
process by Attorney Folmer's evaluation, to which Attorney Folmer responded yes.
Mike Barylski recalled that at a prior Town Board Meeting he committed to provide
some information on financial instruments for the decommissioning of wind turbines. Per
Councilman Testa's request, he was asked to put the information in writing which he had not yet
prepared. Mr. Barylski stated he would like to make good on that promise by first giving a few
documents to Attorney Folmer and talking with him first about the decommissioning. Mr.
Barylski was informed by Attorney Folmer in a prior discussion that modifications to the draft
ordinance were already being discussed and that his concerns may not be necessary.
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OCTOBER 03, 2012 TOWN BOARD MEETING PAGE 3
With regard to Mr. Siegle's comments, Mr. Barylski stated that he worked for the DEC
for many years and that one of his major responsibilities was with regard to SEQRA. Over the 9
counties in the region that he would review projects in, Cortlandville was one of the best
communities for SEQRA review; many towns do not have SEQRA experience. On the other
hand he was very concerned with the County with respect to SEQRA and the wind turbine
project. Mr. Barylski stated that the County's engineering consultant firm LaBella did not
include some substantive comments with documentation in the scoping document. He stated that
LaBella also allowed EDR, TCI's consultant for the project, to have direct access to the working
copy of the scoping outline they were preparing and allowed them to make changes directly to
the document that was later presented to the County Legislature for approval. He mentioned that
the DEIS was submitted four days later, yet the inadequacy comments prepared and filed by TCI
were dated three days before the scoping outline was complete.
Supervisor Tupper stated that while the Board appreciated his comments he was getting
into areas that had no involvement with the Town. At this time no application had been filed
with the Town.
Councilman Rocco questioned Mr. Barylski what information he found with regard to the
cost of decommissioning a turbine. Mr. Barylski had not done any r esearch at this time.
Supervisor Tupper informed Mr. Barylski that the Board was going through the draft ordinance
at this time and that there would be some strong language regarding decommissioning. The
Town's engineering firm was providing the figures at this time.
Mr. Barylski requested that the Town become more engaged. He was concerned that once
the project goes through the process at the County level, and the Town is forced to write findings
on the project, that the major opportunity for the town to affect what appears in the document
and in the final format of the project may be grim.
Attorney Folmer had a different view than Mr. Barlyski. He stated the Town needs to be
careful about how much involvement they have in the County process. Under the SEQRA
regulations, and in some of the decisions he read interpreting the regulations, Attorney Folmer
stated that if the Town participates in such an extent that we have precluded ourselves from a
second review it could be detrimental in the final analysis. He agreed that whether or not the
County's mechanical compliance with SEQRA is appropriate, it is the County's process.
Attorney Folmer was concerned about the preclusion of the Town's best interests if the Town
participates to a great degree. He stated that the Town should look at the DEIS to prepare what
the Town may have in the future. Attorney Folmer acknowledged the documents he received
from Mr. Barlyski and stated he would review and discuss them with him at a later date.
The monthly reports of the Code Enforcement Officer, Fire & Safety Inspections, Town
Clerk, Supervisor, and Water & Sewer Department for the month of September 2012 were on the
table for review and are filed in the Town Clerk's office.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated October 3, 2012, regarding programming
services. All voting aye, the motion was carried.
Under new business, Town Clerk Snyder mentioned that the 2013 Tentative Budget was
presented to the Board via their agenda packets. Supervisor Tupper stated that by law the Town
Clerk must be presented with the budget by September 30th, which it was. The budget must then
be presented to the Board. Supervisor Tupper thanked Town Bookkeeper, Marcia Hicks and all
department heads for their efforts in the budget process.
RESOLUTION #180 ACKNOWLEDGE RECEIVING 2013 TENTATIVE BUDGET
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Clerk received the 2013 Tentative Budget on September 27,
2012, and has presented it to Town Board members, in accordance with Town Law.
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OCTOBER 03, 2012 TOWN BOARD MEETING PAGE 4
Attorney Folmer reported:
Demolition of Unsafe Building — Route 13 Partners, LLC:
Attorney Folmer apprised the Board he was in the process of finishing the request to
Judge Rumsey for the authorizations the Town needs for entrance and demolition of the
property. He hoped the request would be complete in the next few days.
Councilman Rocco questioned whether Attorney Folmer had any more contact with the
owners of the property. Attorney Folmer indicated that he had not, and suspected that CEO
Williams also had not. Supervisor Tupper indicated that the owners still had time before the
Town received court approval.
Membership in NJPA and EKA Inc. — Bidding Process:
Attorney Folmer apprised the Board that Dave Law of CNY Power Sports informed him
that there are two national organizations that do bidding for municipalities and non -for -profit
organizations. One is known as the NJPA and the second is known as the EKA Inc. Government
Sales Experts. There has been a recent change in the General Municipal Law which permits the
Town to buy certain things using this process as opposed to the state contract. It was Attorney
Folmer's understanding that it would not cost the Town any money to become a member of the
two organizations. Attorney Folmer was assured by the City Finance Officer that the
organizations do their bidding the same way the Town would solicit bids. The difference would
be that rather than trading in a vehicle or a piece of equipment you would purchase the new
equipment and then sell the used equipment.
Attorney Folmer requested the authority to contact the two organizations and find out
what the Town needs to do to become a member, and to ascertain for sure that it would not cost
the Town any money to become a member.
Supervisor Tupper indicated that Highway Sup't. Bush informed him that the State is not
bidding as much as it used to and it is therefore not as easy to purchase equipment. Attorney
Folmer agreed and stated that the statute that was changed only provides for the purchase of
certain things such as equipment, repair equipment and supplies. Attorney Folmer would
provide Highway Sup't. Bush with a list of what he would be permitted to buy. He was hopeful
that next year the State Legislature would amend the General Municipal Law again to broaden
the scope of things that could be purchased this way.
RESOLUTION #181 AUTHORIZE THE TOWN ATTORNEY TO CONTACT THE
NJPA AND THE EKA INC., GOVERNMENT SALES EXPERTS
REGARDING MEMBERSHIP IN EACH OF THE
ORGANIZATIONS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to
contact the NJPA and the EKA Inc., Government Sales Experts with regard to membership in
each of the organizations for the purpose of purchasing equipment.
Westvale Drive — Sale of a Portion of Town Property:
Attorney Folmer apprised the Board the Town owns a small piece of property on
Westvale Drive for drainage purposes. The Town was approached by a resident who would like
to purchase 15' x 90' of the property. Highway Sup't. Bush did not believe the sale of the
portion of land would interfere with the operation of the drainage system. In order to convey the
property in exchange for $100.00, the Board would have to adopt a resolution authorizing the
sale subject to permissive referendum.
Councilman Testa questioned what the resident planned to do with the property.
Attorney Folmer indicated that the resident was going to construct a large garage on his own
property, but needs the additional property to satisfy setback requirements. The Town Zoning
Board of Appeals granted a Variance for the garage, but the garage could not be built unless the
strip of land was sold by the Town. Councilman Testa was concerned regarding any future uses
for the property, such as turning the garage into a business. Supervisor Tupper indicated that the
property was is a R-1 district so the use of the garage for anything else would be difficult.
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OCTOBER 03, 2012 TOWN BOARD MEETING PAGE 5
Councilman Rocco asked for Attorney Folmer's opinion. Attorney Folmer stated it was
not his area of expertise, but if Highway Sup't. Bush indicated that the sale of the property would
not affect the drainage he would defer to his judgment. The property has a minimal value, so the
$100.00 purchase price was not inappropriate. Attorney Folmer did not see any reason why the
sale should not be permitted. Attorney Folmer also mentioned that the statute gives the Town
the right to sell real property by resolution with a permissive referendum.
RESOLUTION #182 AUTHORIZE SALE OF A PORTION OF TOWN PROPERTY
LOCATED ON WESTVALE DRIVE SUBJECT TO
PERMISSIVE REFERENDUM
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the sale of a 15' x 90' portion of
Town property located on Westvale Drive, tax map #95.07-01-25.000, to James and Richelle
Cicioni of 3703 Westvale Drive, Cortland, New York, in the amount $100.00, subject to
permissive referendum.
There was a brief discussion regarding the resignation of Joann O'Rourke from the
Cortlandville Zoning Board of Appeals. Supervisor Tupper noted that with over 18 years of
service on the Town ZBA, Mrs. O'Rourke would be moving out of the area. He thanked Mrs.
O'Rourke for her service, and asked that the resignation be accepted with regret.
RESOLUTION #183 ACCEPT RESIGNATION FROM JOANN O'ROURKE FROM
THE CORTLANDVILLE ZONING BOARD OF APPEALS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the letter of resignation from Joann
O'Rourke as Member of the Cortlandville Zoning Board of Appeals, effective October 31, 2012,
and it is further
RESOLVED, that the resignation is hereby received and filed with regret.
There was discussion regarding rescheduling the Regular Town Board Meeting of
November 21, 2012. Supervisor Tupper explained that the state law requires the Town to pass
its budget by November 20th. After discussion the Board agreed to reschedule the meeting to
Tuesday, November 20, 20t2 at 5:00 p.m.
RESOLUTION #184 RESCHEDULE REGULAR TOWN BOARD MEETING OF
NOVEMBER 21 2012 TO TUESDAY NOVEMBER 20, 2012
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reschedule the Regular Town Board Meeting
of November 21, 2012 to Tuesday, November 20, 2012 at 5:00 p.m. at the Raymond G. Thorpe
Municipal Building, 3577 Terrace Road, Cortland, New York.
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OCTOBER 03, 2012 TOWN BOARD MEETING PAGE 6
RESOLUTION #185 AUTHORIZE APPROVAL REQUEST OF MICHELLE
TOWSLEY FOR THE 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 approval request of Michelle
Towsley, for property located at 1368 East River 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 exterior carpentry, interior carpentry,
plumbing, roofing, siding, windows and doors, and other, for a total of $25,933.00.
RESOLUTION 4186 AUTHORIZE APPROVAL REQUEST OF FRANCIS AND
GRETCHEN GARROW FOR THE 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 approval request of Francis and
Gretchen Garrow, for property located at 3783 McGraw Marathon 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 windows and doors, heating, roofing,
siding, plumbing, interior carpentry, electric and other, for a total of $28,805.00.
RESOLUTION #187 AUTHORIZE APPROVAL REQUEST OF CHRISTINE BAKER
FOR THE 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 approval request of Christine
Baker, for property located at 3187 Gracie 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 roofing, interior carpentry, windows and
doors, masonry, painting, tree trimming and other, for a total of $26,580.00.
RESOLUTION #188 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE ONE
NEW HOLLAND BACKHOE FROM THE NJPA CONTRACT
BID THROUGH CNY POWER SPORTS
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Sup't.
to purchase one New Holland Backhoe, Model #NH B95C TLB from the NJPA Contract Bid,
through CNY Power Sports, in the amount of $89,874.00, and it is further
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OCTOBER 03, 2012 TOWN BOARD MEETING PAGE 7
RESOLVED, the new Backhoe will replace a 1998 New Holland Backhoe, Model #555E, which
will be traded in to CNY Power Sports for the amount of $22,804.00, and it is further
RESOLVED, the total cost with the trade difference is $67,070.00.
There was a brief discussion regarding correspondence from the Cortland County Health
Department regarding the need for the NYS Route 13 Sewer Rehabilitation Project in the Town
of Cortlandville. Supervisor Tupper stated that the Town was proactive and sent a camera
through the sewer lines which documented many problems such as collapsing lines. By
notifying the County that the Town has a problem, the County puts the Town on notice that there
is a problem. Notice was immediately sent to the USDA and gives the Town extra points on its
grant application. Supervisor Tupper sated that the Town would have to fix a portion of the
sewer line that is collapsing even if it does not receive a grant.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Michael J. Ryan, P.E., Cortland County Health Department Division of
Environmental Health, dated September 28, 2012, regarding the health and safety need for the
NYS Route 13 Sewer Rehabilitation Project for the Town of Cortlandville. All voting aye, the
motion was carried.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:55 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 October 17, 2012.
The draft version of this meeting was approved as written at the Town Board meeting of November 7, 2012.
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