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OCTOBER 19, 2011
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; Steve
Flatt; and News Reporter Matthew Nojiri from the Cortland Standard.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft
Town Board Minutes of October 5, 2011. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the Cortlandville Board of Assessment Review Minutes 2011. All voting aye, the motion was
carried.
RESOLUTION 9185 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
Motion by Councilman Rocco
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 #540 - 566
$ 55,644.66
General Fund B
B 141 - B 145
$ 704.07
Highway Fund DB
D409 - D424
$196,504.77
Water Fund
W218 - W226
$102,311.12
Sewer Fund
S 125 - S 131
$ 851.44
Supervisor Tupper offered privilege of the floor to Steve Flatt.
Town resident, Steve Flatt apprised the Board that the County Legislature would be
conducting a public hearing on October 27, 2011 regarding a proposed law for the operation of
the County Landfill. Because of the potential ramifications the proposed changes could have on
the Town, he encouraged the Board to spread the word regarding the upcoming public hearing.
Mr. Flatt informed the Board the proposed law would govern Beneficial Use
Determinants (BUD) Materials. NYS DEC regulations allow landfills to take in materials that
can be used beneficially by the landfill; or rather,material that should be used for covering other
uses. Mr. Flatt commented that since the public informational meeting held in January, two or
three of the legislators have really tried to push programs that would make the landfill a regional
landfill. Mr. Flatt felt that expanding the landfill would be highly detrimental to the Town of
Cortlandville, including McGraw and western parts of Solon, because of the aquifer issues and
pollution issues. Mr. Flatt felt that the upcoming County Legislature meeting was a "stepping
stone into a process of greatly expanding this landfill." Last month the Legislators voted to hire
an engineering firm to look at the environmental issues, and he stated that they expected to get a
short form Negative Declaration. As a professional Civil Engineer, Mr. Flatt stated he did not
see how any ethical engineer could make such decision based on what the County's long-range
plans for the landfill seem to be. He also stated that it was hard to get information from the
legislators regarding the issue, which made him suspect of their motivations. Mr. Flatt
commented that if the County makes the wrong decision on the landfill, we will still be suffering
the costs and the environmental impacts fifty years from now.
Councilman Rocco apprised Mr. Flatt and the Board that in 1987 the County Legislature
almost voted to locate the landfill on Bennie Road/Route 281. The NYS DEC would not
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OCTOBER 19, 2011 TOWN BOARD MEETING PAGE 2
approve the location, siting that the County did not complete any studies, and because of the
aquifer. Councilman Rocco asked the Board to imagine where Cortland County would be today
if the Legislature located a dump at Bennie Road and Route 281. He stated there would be no
growth in Cortlandville and certainly nothing going on in the Cortland County area. Councilman
Rocco stated that while Cortlandville has representation in the Legislature, we only have a few
votes. He agreed with Mr. Flatt that it is very important to be concerned and to watch the
Legislature, and felt that the Legislature was very secretive. Councilman Rocco stated he has
concerns for the future of the County with regard to things such as wind turbines and oil and gas.
He stated that when we are long gone, what we do or don't do will impact the citizens of the
Town and County.
On another topic, Mr. Flatt suggested that the podium be utilized for Board Meetings to
give the public a place to stand when speaking in front of the Board. He also suggested the
Board consider purchasing and operating its own video camera to ensure that Town meetings are
broadcasted. Councilman Rocco agreed that it was important to broadcast the Town Board
meetings without interruption, and noted that the meetings are videotaped by a volunteer at no
charge. The Board thanked Mr. Flatt for his comments.
The monthly report of the Town Justice for the month of September 2011 was on the
table for review and is filed in the Town Clerk's Office.
Under communications, Supervisor Tupper recalled discussion from the October 5, 2011
Town Board Meeting regarding a complaint from former Town residents, Jim and Gail
VanDusen, regarding connection to public sewer. Supervisor Tupper apprised the Board the new
County Health Engineer, Joel Mironti sent a response to the VanDusens regarding the
connections. Mr. Mironti apprised the VanDusens that according to Water & Sewer Sup't.
Alteri, there are 74 properties that are not connected to public sewer throughout the Town.
Water & Sewer Sup't. Alteri mailed letters to 52 of the 74 property owners who have not
connected, and would contact another 12 people. In his letter, Mr. Mironti stated he was pleased
to report Water & Sewer Sup't. Alteri's progress, and agreed it was in everyone's best interest
for the connections to be made when financially feasible.
Supervisor Tupper apprised the Board he received a petition from residents of Raphael
Drive, dated October 19, 2011, requesting the installation of a street light to be located on
Raphael Drive at the large curve. Supervisor Tupper stated that he and Councilman Testa had
conversations with Highway Sup't. Bush a couple of years ago regarding the installation of lights
on Raphael Drive and learned there was no underground wiring along the road to connect a street
light. Supervisor Tupper explained that a new house was being constructed by Pamela Raney at
the corner of Raphael Drive and Davinci Drive in which NIMO was requiring that she install an
electric box on her side of the road at her expense. Councilman Testa questioned whether a
street light could be tied into the electric box for the large curve of Raphael Drive. Highway
Sup't. Bush explained that although a box was going to be installed there was no underground
wiring to the curve of Raphael Drive. At the Board's request, Highway Sup't. Bush would look
into the cost of running the underground wiring.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file a
Petition submitted by residents of Raphael Drive, dated October 19, 2011, requesting the
installation of a street light at the large curve of Raphael Drive. All voting aye, the motion was
carried.
RESOLUTION #186 SCHEDULE PUBLIC HEARING REGARDING THE 2012
PRELIMINARY BUDGET
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
OCTOBER 19, 2011 TOWN BOARD MEETING PAGE 3
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 2, 2011 at 5:00
p.m. regarding the 2012 Preliminary Budget, and it is further
RESOLVED, that copies shall be made available for distribution to the public on November 2,
2011.
RESOLUTION #187 SCHEDULE DATE TO ADOPT 2012 PRELIMINARY
BUDGET AS THE 2012 ADOPTED BUDGET
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2012 Preliminary Budget as the 2012 Adopted
Budget at the Regular Town Board Meeting on November 16, 2011 at 5:00 p.m.
Attorney Folmer reported:
NYS Route 13 Sewer Project:
Attorney Folmer apprised the Board he received a Full Environmental SEQR form
prepared by Rich DeGuida, Clough Harbour & Associates, with regard to the NYS Route 13
Sewer Project. However, to Attorney Folmer's knowledge the Town did not formally declare
itself lead agency for the project or provide notice to interested agencies. Prior to the next
meeting he would double check with the Town Clerk regarding lead agency status. The Board
could proceed as necessary at the next meeting.
Article 10 — Public Service Law — Windmills:
Attorney Folmer apprised the Board that in the most recent State Legislative session there
were amendments made to Article 10 of the Public Service Law, which has to do with the
location of electrical generating facilities, including windmills. The statute establishes a board,
the members of which are appointed by the Governor and the Legislature, who would review and
approve the siting of the applications. The statute also provides that if an application is made for
a siting within a particular municipality or jurisdiction, the chief executives of that jurisdiction
would have an opportunity to suggest four people from the locality to serve on the board as ad -
hoc members. If Cortlandville was sited, the Town would select four people, the County would
select four people, and the Governor would choose four of the eight people to serve as ad -hoc
members.
There is also a provision that limits the power of a local authority, which he read briefly.
"No state agency, municipality, or any agency thereof may, except as expressly authorized,
require any approval, consent, permit, certificate, or other condition for the construction or
operation of a major electric generating facility where an application has been filed with this
board." The power over dealing with the placement of such facilities would be placed with the
board, as opposed to the local municipalities. Attorney Folmer explained there was also a
provision in the statute for judicial review. He also noted that there was a discussion on the topic
in the most recent issue of the Talk of the Towns magazine.
Councilman Rocco discussed his concerns regarding the new legislation and commented
that citizens were losing the right to decide what goes on in their own communities. He was
concerned that the committee selected by the Governor would have the only voting rights while
the ad -hoc members from the community involved would not. Councilman Rocco stated that
Home Rule was being taken away from the citizens of upstate New York for placement of things
such as hydrofracking, or windmills. He was concerned that the committee, made up of people
from downstate, would not have an interest in what happens in Cortland, yet would be deciding
our fate on such matters. Councilman Rocco mentioned that the Governor was looking to
relocate a power plant from downstate to upstate New York.
Councilman Proud stated it was a complex issue, to which every community would say
"not in my backyard." He stated that the need for power would continue to increase as the
population grows and uses increase. He argued that it was not appropriate to say that a
committee member from downstate would not be sensitive to what happens in another
community.
Attorney Folmer explained the reason there would be ad -hoc members on the board for a
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OCTOBER 19, 2011 TOWN BOARD MEETING PAGE 4
particular site was to give the right to citizens of the community to participate and vote on such
site. The statute was brand new, so one should not presume how it would operate. Councilman
Rocco did not agree that the ad -hoc committee would have voting rights. He asked Attorney
Folmer for further clarification of the law.
Councilman Leach apprised the Board that according to the article from Talk of the
Towns they would have to obey all zoning laws, which would mean that siting of such facilities
would apply. Councilman Rocco did not agree, and stated that the committee's ruling would
supersede local laws.
On a final note, Councilman Rocco suggested that if the Town of Cortlandville was
selected for the siting of an electrical facility that members of the community who do not have a
personal interest in the matter serve on the ad -hoc committee rather than elected officials.
Certiorari Tax Proceeding — Gator Cortlandville Partners:
Attorney Folmer apprised the Board he signed the stipulation settling the Gator
Cortlandville Partners certiorari proceeding and would be submitting it to the court in the next
few days.
College Suites:
Attorney Folmer apprised the Board there are were concerns regarding the College Suites
located on Route 13. He was in the process of drafting a letter to the owners of the college
residences, which he would give to the Board to review before it was mailed. Councilman
Rocco questioned what the concerns were. Supervisor Tupper apprised the Board he learned
there have been numerous fire alarms at the College Suites. Just last weekend the police were at
the College Suites three times in one night responding to fire alarms. Supervisor Tupper and
Councilman Testa asked Attorney Folmer to write a letter to the owners. The Planning Board is
also reviewing their information regarding the type of people/students living at the suites.
Attorney Folmer recalled that when the buildings were proposed the owners planned to fill the
housing with graduate students and students who wanted to live outside of a dormitory life. He
also recalled that people would be screened on the way in, and a manager would be on -site to
monitor the students. Attorney Folmer apprised the Board that CEO Williams and Assistant
CEO Campbell made the required fire inspections to the buildings and discovered that the rooms
looked like dorm rooms with no significant damage to the structure itself.
Repair to Walgreens Stormwater Management System:
With regard to the remediation plan for the Walgreens stormwater management system,
Attorney Folmer apprised the Board he was waiting for final approval of the plan from James
Trasher of Clough Harbour & Associates LLP. Attorney Folmer explained that the revisions
were consistent with a letter that CHA wrote in 2009. He would report back to the Board at the
next Town Board Meeting.
Dispose of Real Property that the Town Owns:
There was discussion regarding declaring a parcel that the Town owns as surplus
property and selling the property. Attorney Folmer apprised the Board that the survey of the
property was not yet complete. Highway Sup't. Bush questioned what specific parcel was being
discussed. He explained that several of the parcels deeded to the Town by Wal-Mart were part
of the retention basin system. Councilman Proud indicated that the parcel in question was the
triangular piece of property located near the corner of Route 13 and the new Bennie Road.
Attorney Folmer stated that once he received the survey he would discuss the matter with
Highway Sup't. Bush.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from USDA Rural Development to Clough Harbour & Associates LLP, dated
October 4, 2011, regarding Amendment No. 3 to the Polkville Waterline Extension Project. All
voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the New York State Department of Environmental Conservation, Division
of Lands and Forests, dated September 26, 2011, notifying the Town that its project proposal,
"Testa Park Tree Planting Project" was not selected for funding under the Urban Forestry
Planting Grants. All voting aye, the motion was carried.
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OCTOBER 19, 2011 TOWN BOARD MEETING PAGE 5
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Menter, Rudin & Trivelpiece, P.C., dated October 13, 2011, notifying the
Town .of a Public Hearing regarding the Cortland County Industrial Development Agency, Sky
Hospitality, LLC Project, to be held November 1, 2011 at 11:00 a.m. at the Raymond G. Thorpe
Municipal Building., All voting aye, the motion was carried.
There was discussion regarding correspondence from Water & Sewer Sup't. Alteri.
Supervisor Tupper informed the Board that Water & Sewer Sup't. Alteri ordered extensive
testing of Town wells for materials that he typically does not test for that are used in the
hydrofracking fluid. Water & Sewer Sup't. Alteri would test the wells for four quarters to show
that the materials are not in the Town's water. The Board was very pleased with Water & Sewer
Sup't. Alteri's actions. Councilman Proud noted that Penn State University's recommended
testing list was used for the testing. He suggested that the Board may want to discuss more
extensive testing in the future, and should also be aware of what the State is doing.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Water & Sewer Sup't. Peter Alteri Jr., dated October 18, 2011, with regard
to well testing, the replacement of water meters, the completed projects involving the Town's
two water storage tanks, and the Polkville Waterline Extension project. All voting aye, the
motion was carried.
Supervisor Tupper requested authorization to sign the Loan and Security Agreement
between the Town and Pall Corporation with regard to the Community Development Block
Grant awarded to the Town on behalf of Pall Corporation for the PASS Expansion project at the
Cortland Commerce Center, formerly Smith Corona. He explained that a portion of the money
awarded to Pall Corporation was a loan that would be repaid to the Town. Supervisor Tupper
encouraged members of the Board to visit the facility to see the renovations. Attorney Folmer
noted that he had not yet reviewed the agreement and suggested the Board authorize the
Supervisor to sign the agreement subject to his review.
RESOLUTION #188 AUTHORIZE SUPERVISOR TO SIGN THE LOAN AND
SECURITY AGREEMENT BETWEEN THE TOWN OF
CORTLANDVILLE AND PALL CORPORATION SUBJECT
TO TOWN ATTORNEY APPROVAL
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
Loan and Security Agreement between the Town of Cortlandville and Pall Corporation with
regard to the Community Development Block Grant awarded to the Town for the Pall
Corporation PASS Expansion project, subject to Town Attorney approval.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:25 p.m.
Respectfully submitted,
i
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 28, 2011.
The draft version of this meeting was approved as written at the Town Board meeting of November 2, 2011.