HomeMy WebLinkAbout08-04-20101 zo
AUGUST 4, 2010
5:00 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW OF 2010
ELECTING A RETIREMENT INCENTIVE
AS AUTHORIZED BY PART A OF
CHAPTER 105 OF THE LAWS OF 2010
FOR ELIGIBLE EMPLOYEES OF THE
TOWN OF CORTLANDVILLE
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding a
Local Law to provide the benefits of Part A of Chapter 105 of the Laws of 2010, a Retirement
Incentive Program, for eligible employees of the Town of Cortlandville.
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; Town Highway Sup't. Carl Bush;
Barbara Tupper; Barbara Leach; Joan Kearney Flatt; Jane Penrose; Anne Furman; Mike Bosetti;
Charlotte Farris; Cynthia Lewis; Ray Dunnigan; Vince Legnetto; Vincent Legnetto; Bob Martin;
Carla Walsh; David Lewis; Judith Pierpont; JoAnne Cipolla-Dennis; Deborah Cipolla-Dennis;
Mary Beilby; Ian Julius; News Reporters: Eric Mulvihill from WHXC, Holden Slattery from the
Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussions were heard.
The Public Hearing was closed at 5:02 p.m.
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AUGUST 4, 2010
5:02 P.M.
PUBLIC HEARING NO. 2
LOCAL LAW OF 2010
2010 MORATORIUM LAW
ON HYDRAULIC FRACTURING
AND/OR HYDROFRACKING IN
THE TOWN OF CORTLANDVILLE
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding a
Local Law to provide a moratorium law on hydraulic fracturing and/or hydrofracking in the
Town of Cortlandville.
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; Town Highway Sup't. Carl Bush;
Barbara Tupper; Barbara Leach; Joan Kearney Flatt; Jane Penrose; Anne Furman; Mike Bosetti;
Charlotte Farris; Cynthia Lewis; Ray Dunnigan; Vince Legnetto; Vincent Legnetto; Bob Martin;
Carla Walsh; David Lewis; Judith Pierpont; JoAnne Cipolla-Dennis; Deborah Cipolla-Dennis;
Mary Beilby; Ian Julius; News Reporters: Eric Mulvihill from WHXC, Holden Slattery from the
Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper commented that the public hearing was being conducted to decide
whether or not the Town should approve a local law asking for a moratorium on hydrofracking.
The public hearing was not to discuss the merits of hydrofracking.
Supervisor Tupper offered privilege of the floor to those in attendance.
Mike Bosetti, resident of the Town of Virgil, spoke in favor of the moratorium. He
informed the Board that he grew up in Pittsburgh and still has family/friends there who have
been affected and devastated by hydrofracking; including pollution to their water. He suggested
the Board adopt the moratorium for one year similar to the Town of Dewitt to increase public
awareness.
Ray Dunningan, resident of the Town of Cortlandville, thanked the Board for bringing up
the moratorium proposal, which he was in favor of. He commented that hydrofracking has
affected Pennsylvania tremendously and noted the 1400 recorded violations in the state regarding
hydrofracking since January 2008, including drilling, transporting, and many other aspects. He
requested the Board extend the moratorium to one year to allow more time to look into the
complex matter. Mr. Dunningan informed the Board that yesterday, the New York State Senate
passed a one-year moratorium to allow the NYSDEC to take the time to look into the matter. He
requested the Board consider the same time frame.
Bob Martin, resident of the Town of Cortlandville, stated he appreciated the fact that the
Board was considering the moratorium. He mentioned a recent article in the Ithaca Times
regarding the Town of Ithaca, which has $50,000 in funding from different organizations to hire
a planner specifically for the issue. He suggested the Town of Cortlandville look into hiring an
engineering consultant to do the same
Mary Beilby, former resident of the Town of Cortlandville and now a resident of the City
of Cortland, stated she was very interested in the issue and spoke with many Board members
over the years regarding her concerns. She thanked the Board for recognizing the need to study
the issue and to start working on the laws and regulations that are under the purview of the
municipalities. She apprised the Board the Cortland Council made a recommendation on July 6`h
to start working on a regional water plan at the advice of John Helgren, Environmental Health, to
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AUGUST 4, 2010 PUBLIC HEARING NO. 2 PAGE 2
protect the aquifer. She encouraged the Board to extend the moratorium for one-year and to start
working cooperatively with surrounding towns.
Councilman Rocco added to comments made by Ray Dunningan regarding the 1400
violations filed in Pennsylvania. Of the 1400 violations, 952 were environmental violations such
as pollution of streams, wastewater reserves, and discharging industrial wastes.
Joan Kearney Flatt, resident of the Town of Cortlandville, apprised the Board she was in
favor of a moratorium for one year or more to protect the aquifer and to make sure that necessary
research is done.
Charlotte Ferris, resident of the Town of Cortlandville, informed the Board she had an
extensive conversation with a gentleman from Bradford, Pennsylvania, who spoke of ruined
roads, streams, wells, and plummeting real estate values. Bradford did not have any guidelines
for hydrofracking in place.
No further comments or discussions were heard.
The Public Hearing was closed at 5:18 p.m.
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AUGUST 4, 2010
5:18 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 Tupper
Councilman, Theodore Testa
Councilman, Ronal L. Rocco
Councilman, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Town Highway Sup't. Carl Bush;
Barbara Tupper; Barbara Leach; Joan Kearney Flatt; Jane Penrose; Anne Furman; Mike Bosetti;
Charlotte Farris; Cynthia Lewis; Ray Dunnigan; Vince Legnetto; Vincent Legnetto; Bob Martin;
Carla Walsh; David Lewis; Judith Pierpont; JoAnne Cipolla-Dennis; Deborah Cipolla-Dennis;
Mary Beilby; Ian Julius; News Reporters: Eric Mulvihill from WHXC, Holden Slattery from the
Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order. He welcomed those in attendance, and noted
the arrival of the NY Jets NFL football team to Cortland for their 2010 training camp.
The Draft Town Board Minutes of July 21, 2010 were presented to the Board for their
review.
RESOLUTION #134 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST
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 #420 - 433
$ 97,079.10
General Fund B
B94 - B 101
$ 2,556.45
Highway Fund DB
D277 - D297
$ 30,838.42
Special Grants
C28 - C29
$ 2,927.82
Water Fund
W 163 - W 173
$111,484.85
Sewer Fund
S78 - S82
$106,344.79
Capital Project
H104 - H111
$ 6,040.51
The monthly reports of the Town Clerk, Town Supervisor, and Water & Sewer
Department for the month of July 2010 were on the table for review and are filed in the Town
Clerk's office.
Supervisor Tupper offered privilege of the floor to those in attendance. No comments or
discussion were heard.
Under communications, Supervisor Tupper apprised the Board he received six copies of a
letter from residents of Solon and Cortlandville asking the Board to please move forward with
the windmills.
Councilman Rocco questioned whether the letter was from people who were
leaseholders. Supervisor Tupper was not sure, but noted that the letter was a "form letter".
Also under communications, Supervisor Tupper noted receipt of correspondence from
Pam Raney, thanking the Town for use of the Raymond G. Thorpe Municipal Building for the
Village Park Association's annual meeting. She thanked Deputy Supervisor Testa for taking the
time to open the building on a Sunday.
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AUGUST 4, 2010 TOWN BOARD MEETING PAGE 2
There was discussion regarding the proposed Local Law to provide the benefits of Part A
of Chapter 105 of the Laws of 2010. Supervisor Tupper commented that three eligible
employees were interested in participating in the retirement benefit program under Part A. The
Town's local law was specific to Part A, which requires the Town to save 50% of the salary over
a two-year period. In order to participate in the program, the Town must enact a local law by
August 31, 2010. Information must be submitted to the State including the names of the
employees the Town would allow to participate in the program, as well as the calculations of
savings to the Town.
Councilman Proud added that the State will review the Town's calculations, and must
approve them as well.
RESOLUTION 4135 ELECT TO PROVIDE THE BENEFITS OF PART A OF
CHAPTER 105 OF THE LAWS OF 2010
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby elect to
provide the benefits of Part A of Chapter 105 of the Laws of 2010, commencing on November
15, 2010 for all eligible employees who retire with an effective date of retirement set during the
47 day period beginning with an immediately following the commencement date and who are
otherwise eligible as specified by Part A of Chapter 105 of the Laws of 2010.
RESOLUTION #136 ADOPT LOCAL LAW NO. 3 OF 2010 - ELECTING A
RETIREMENT INCENTIVE AS AUTHORIZED BY PART A
OF CHAPTER 105 OF THE LAWS OF 2010 FOR ELIGIBLE
EMPLOYEES OF THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law,
"Electing a Retirement Incentive as authorized by Part A of Chapter 105 of the Laws of 2010 for
Eligible Employees of the Town of Cortlandville", and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, therefore
Be it enacted by the Town Board of the Town of Cortlandville as follows:
1. The Town of Cortlandville hereby elects to provide all of its eligible employees with a
retirement incentive program authorized by Part A of Chapter 105 of the Laws of 2010.
2. The commencement date of the retirement incentive program shall be November 15,
2010.
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TOWN BOARD MEETING
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3. The open period during which eligible employees may retire and receive the additional
retirement benefits shall be 47 days in length commencing November 15, 2010 and
expiring on December 31, 2010.
4. The actuarial present value of the additional retirement benefits payable pursuant to the
provisions of this local law shall be paid as one lump sum, or in five annual installments.
The amount of the annual payment shall be determined by the Actuary of the New York
State and Local Employees Retirement System, and it shall be paid by the Town of
Cortlandville for each employee who receives the retirement benefits payable under this
local law.
5. This local law shall take effect when filed with the Secretary of State as required by law.
There was discussion regarding the proposed Local Law, 2010 Moratorium Law on
Hydraulic Fracturing and/or Hydrofracking of the Town of Cortlandville.
Councilman Rocco noted that the NYS DEC is already reviewing hydrofracking, and
hoped the Town would take the time to study the issue. He stated that he was aware of the
problems in Bradford, Pennsylvania as a result of hydrofracking. He also noted that the EPA has
not been paying attention to the Clean Water Act, and haven't updated industry information
since 1999.
Councilman Rocco stated that passing the moratorium was a way for the Town to show
the Senate and Assembly that the issue is very important. He informed the Board that while the
Senate passed a bill for a one-year moratorium, the Assembly did not pass the bill.
Councilman Rocco explained to those in attendance that the Town's proposed
moratorium was for six months and could not be changed to one-year because the change would
be a "material issue" that would require a new local law be drafted and another public hearing be
held. If the Board chose to do so, it would take another four weeks to adopt a moratorium. The
Board could, however, revisit the issue and extend the moratorium at a later date. Councilman
Rocco stated he wanted "to be on the record here in the Town of Cortlandville, as many towns
are, that we want to have a say in this."
Attorney Folmer stated it was important to understand that the moratorium does not in
any way affect the ability of an individual landowner to execute and enter into a lease agreement;
the Town has no authority to prohibit such. With regard to the length of time of the moratorium,
a valid moratorium must be for a specified purpose and must have an expiration date. The
expiration date can be extended by the Board if they chose to do so by amending the local law.
With regard to legislation pending in Albany, in the event that the State of New York were to
preempt the field of regulation with regard to the process, the Town's moratorium would be
moot because the State would have indicated that it intends to regulate the activities. As
Councilman Rocco indicated, the Senate adopted a moratorium until May 10, 2011 - the
Assembly has not. Once the Assembly acts on the moratorium, the Governor must also act on it.
Attorney Folmer apprised the Board if they adopt a six-month moratorium today, and
decide at some point to extend the moratorium, they could do so by amending the local law by
adopting another local law. The process is open to the Board at any time.
Supervisor Tupper stated he was in support of the moratorium. He felt it was important
to get on record with the State that a much more serious look should be taken on hydrofracking.
The DEC is moving very quickly on the issue, which concerned the Town and the 150+
municipalities that have adopted a similar local law.
Councilman Testa questioned whether a date should be set for the Board to review the
extension of the moratorium. The Board agreed to examine the issue again by January 1, 2011.
AUGUST 4, 2010 TOWN BOARD MEETING PAGE 4
RESOLUTION #137 ADOPT LOCAL LAW NO. 4 OF 2010 — 2010 MORATORIUM
LAW ON HYDRAULIC FRACTURING AND/OR HYDRO-
FRACKING OF THE TOWN OF CORTLANDVILLE
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law,
"2010 Moratorium Law on Hydraulic Fracturing and/or Hydrofracking of the Town of
Cortlandville", and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, therefore
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1. TITLE
This law will be known as the 2010 Moratorium Law on Hydraulic Fracturing and/or
Hydrofracking of the Town of Cortlandville.
Section 2. LEGISLATIVE INTENT
The Town Board of the Town of Cortlandville, Cortland County, State of New York, is
vested by the State of New York to regulate and control land use within the Town of
Cortlandville and to protect the health, safety and welfare of its residents. The issue of
hydrofracking has generated much concern about the safety and reliability of this method to
recover and develop natural gas. The Town Board believes that based on these concerns,
additional study and examination of necessary land use regulations relating to hydrofracking is
warranted. Therefore, the Town Board, through this local law, declares a six-month moratorium
on any activity or processes associated with hydrofracking or in furtherance of hydrofracking,
including the establishment, implementation, place and construction of hydrofracking processes
or activities in the Town of Cortlandville.
The Town Board is well aware of the current review of hydrofracking by the New York
State Department of Environmental Conservation (DEC), including an assessment of the various
potential environmental impacts of hydrofracking, state regulations currently in place and the
potential for additional regulations of hydrofracking at the state level. This moratorium period
will allow for the review and determination of the need for additional state regulations which
will necessarily impact the role of the Town in further regulation on a local level.
This moratorium is also intended to allow necessary time for the Town Board to examine
whether additional local regulation is necessary, the extent of such regulation, and if such local
regulation is necessary, the Town Board may determine the appropriate rules and regulations to
ensure comprehensive uniformity, fairness and consistency in such regulations. Further, the
Town Board will utilize the moratorium period to further examine the significant environmental
issues relating to hydrofracking.
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AUGUST 4, 2010 TOWN BOARD MEETING PAGE 5
The Town Board recognizes the importance of finding and developing other sources of
natural gas for energy resources and believes that natural gas may be a cleaner and more
beneficial source of energy than other oil and gas consumption. Natural gas development has
existed in New York State since approximately 1821. There are vast amounts of natural gas in
reserves of shale deposits and new technology has made it more economical to produce natural
gas from shale deposits. There have been studies indicating that natural gas production using the
hydrofracking method could be a significant benefit to economic activity.
However, the Town is also concerned with the potential for damage to groundwater
quality and quantity, potential for sediment and erosion and the use of naturally occurring
radioactive materials. Hydrofracking requires the use of large amounts of water, including the
use of surface water (rivers, basins, lakes), private ponds, groundwater, municipal water, waste
water and produced water. Further, the use of hydrofracking will -create more demand for
commercial waste water treatment facilities to dispose of produced water. The Town Board is
concerned with the potential for groundwater pollution, affecting many water wells in the town.
There may also be further impacts to local roads during the construction and use of any potential
well. Lastly, the Town is concerned with the potential environmental impacts on water quality,
agricultural land uses, wetlands, and sole source aquifer, which is the primary source of water for
the Town of Cortlandville and other local municipalities.
The Town of Cortlandville has legitimate goals and aims to protect the community,
cultural, historical, recreational and environmental resources within the Town and the Town
Board believes that studying this issue is necessary so that hydrofracking operations are
regulated to protect the town's predominant residential and agricultural land uses and to protect
the environment from potential negative impacts.
The Town of Cortlandville does hereby find a moratorium of six months duration is
necessary and reasonable in order to afford the Town Board an opportunity to refer this issue to
the Code Enforcement Officer, Town Planning Board, and the Town Zoning Board of Appeals
for consideration and study and to afford such boards an opportunity to make recommendations
to the Town Board regarding appropriate amendments to the Town Code. A moratorium of six
months will prevent the establishment of hydrofracking facilities and operations that may be
contrary to any land use regulations ultimately adopted thus making the new regulations a
nullity. The health, safety and general welfare of the residents will be protected by the adoption
of the moratorium pending the issuance of final regulations by the Town of Cortlandville.
Section 3. DEFINITIONS
HYDRAULIC FRACTURING OR HYDROFRACKING—For purposes of this Local
Law, the term "hydraulic fracturing" or "hydrofracking" shall mean the process of recovering
and/or developing natural gas trapped within shale or rock and which generally is accomplished
by a gas well that is drilled vertically into the ground and then horizontally from the well head,
after which water, sand and/or chemicals are injected into the well breaking and/or fracturing of
shale and/or other natural structures under the ground intending to release natural gas from the
ground.
PERSON — For the purposes of this local law, the term "person" shall include an
individual, society, club, firm, partnership, joint venture, corporation, or the association of
persons, and the singular shall include the plural number.
Section 4. SCOPE AND CONTROL
A. For the period of six months following the effective date of this local law, no new
hydrofracking facilities or operations, as defined by this local law, or expansions
beyond existing operations or facilities shall be permitted by any person in the
Town of Cortlandville.
B. During the effective period of this Local Law:
1. The Town Planning Board shall not consider and/or approve any site plan,
approve any special use permit or other permit which would have as a
result the establishment, implementation, placement, construction or
development of any new hydrofracking facility or operation, including any
activity associated therewith or in furtherance of hydrofracking, or the
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AUGUST 4, 2010 TOWN BOARD MEETING PAGE 6
enlargement of any existing hydrofracking facility or operation within the
Town.
2. The Town Zoning Board of Appeals shall not consider and/or grant any
variance, special use permit or other permit for any use which would result
in the establishment, implementation, placement, construction or
development of any new hydrofracking facility or operation, including any
activity associated therewith or in furtherance of hydrofracking, or the
enlargement of any existing hydrofracking facility or operation within the
Town.
3. The Codes Enforcement Officer of the Town shall not consider and/or
issue any building permit or other permit which would result in the
establishment, implementation, placement, construction or development of
any new hydrofracking facility or operation, including any activity
associated therewith or in furtherance of hydrofracking, or the
enlargement of any existing hydrofracking facility or operation within the
Town.
C. If, within six months, the Town Board adopts a local law relating to
hydrofracking, then, in that event the moratorium imposed by this local law shall
expire immediately on the date the Town local law relating to hydrofracking takes
effect in accordance with Section 27 of the Municipal Home Rule Law.
Section 5. EXCEPTIONS.
The lawful use of any premises on the effective date of this local law operated under a
permit issued by the Town of Cortlandville or other appropriate state or federal agency may be
continued, provided that such use shall not be enlarged or extended beyond the existing location
and operation.
Section 6. VARIANCES.
The Town Board reserves to itself the power and sole discretion to vary or adapt
the strict application of the requirements of this Local Law in the case of unusual
hardship or circumstances that would deprive the owner of the reasonable use of
the lands involved, provided the application is consistent with the intent of this
Local Law.
2. An application for a variance plus 7 copies thereof shall be filed with the Town
Clerk, together with a filing fee of $250.00. The application shall specifically
identify the land involved, recite the nature of the proposed use of the land,
provide a narrative description of the project and identify the circumstances
pursuant to which the variance is sought and the reasons why the variance is
claimed. Any costs, including expert consulting fees, incurred by the Town shall
be paid by the Applicant immediately upon request or the application may be
denied.
3. The Town Board may refer any applications for a variance herein to the Planning
Board, the Zoning Board of Appeals, and/or its retaining consultant, for their
advice and recommendations, but all decisions on granting or denying such
variances shall be made by the Town Board solely, after determining whether or
not the requested variance is compatible with the Comprehensive Plan of the
Town, the Town Code and any contemplated amendments to the Zoning Law.
Unless completely satisfied that the proposed variance is compatible, the Town
Board shall deny the application.
4. The Town Board shall conduct a public hearing on any request for a variance
within forty-five (45) days of receipt of a completed application; and shall issue
its final decision on requests for a variance within thirty (30) days from the public
hearing.
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AUGUST 4, 2010
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Section 7. ENFORCEMENT.
This local law shall be enforced by the Code Enforcement Officer of the Town of
Cortlandville, or such other individual(s) as designated by the Town Board, it shall be the duty of
the enforcement individual(s) to advise the Town Board of all matters pertaining to the
enforcement of this local law and to keep all records necessary and appropriate to the office and
to file the same in the office of the Town Clerk.
Section 8. VIOLATIONS.
Any person violating any of the provisions of this local law shall be guilty of an offense
and upon a conviction thereof, be given a civil penalty of no less than $500.00 and no more than
$1,000.00 per day for this violation. Each day's violation shall constitute a separate and
additional violation. An action may, be commenced in a court of competent jurisdiction to
recover such penalty. In addition thereto, violations of this local law shall be subject to being
restrained by injunctive relief.
Section 9. CONFLICT WITH OTHER LAWS.
This Local Law is enacted pursuant to the provisions of the Town Law and the Municipal
Home Rule Law of the State of New York. During the duration of times that this Law is in
effect, it shall take precedence over and shall be considered controlling over contrary laws,
ordinances and provisions including, but not limited to, the statutes set forth in the New York
Town Law related to zoning and subdivisions. Specifically, this Law is intended to supersede
Town Law Sections 130, 261, 262, 263, 264, 265, 267, 267-1, 267-b, 268, 269, 274-1, 274-b,
276, 277, 278 and 279.
Section 10. SEVERABILITY.
If any clause, sentence, paragraph, section, article or part of this local law shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause,
sentence, paragraph, section, article, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
Section 11. EFFECTIVE DATE.
This Local Law shall become effective immediately upon filing with the Secretary of
State.
Under new business, Town Clerk Snyder apprised the Board she received notice from the
Town of Virgil and a copy of the SEQR findings for the Virgil Country Store project. No action,
other than it being received and filed, was necessary.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Attorney Patrick M. Snyder, dated July 23, 2010, presenting a copy of the
SEQR findings adopted by the Town of Virgil Planning Board on July 14, 2010 for the Virgil
Country Store to be located along Webb Road at the NYS Route 13 intersection.
RESOLUTION #138 ACKNOWLEDGE RECEIVING SMALL CLAIMS
ASSESSMENT REVIEW PETITION
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Small Claims Assessment Review Petition from Richard and Francine Gysel for property located
at 3855 Highland Road, tax map #85.19-01-15.000, regarding their current assessment property
value.
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TOWN BOARD MEETING
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RESOLUTION #139
ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR
REVIEW OF ASSESSMENTS
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition, regarding their current assessments, from the following property owners:
Benderson-Cortland Associates
Ceruzzi Holdings; LLC
Cortland Suites, LLC and
UC Cortland Suites, LLC
K-MART #7134
Route 281 tax map #86.17-01-08.110
Route 13 tax map #95.00-10-11.100
980, 1002 Route 13 tax map #96.13-01-02.100
951 Route 13 tax map #95.16-01-15.000
854 Route 13 tax map #95.20-02-06.000-1
Town Clerk Snyder noted that copies of the Small Claims Notice of Petition and other
Notice of Petitions were submitted to the Town Attorney, Town Supervisor, and Town Assessor.
Attorney Folmer reported:
Certiorari Proceedings:
With regard to the certiorari proceedings, Attorney Folmer apprised the Board that
negotiations were going on to resolve two of the proceedings. He would advise the Board at a
later date.
Road Striping:
Attorney Folmer reminded the Board that they authorized the Supervisor to sign a
contract with the County for 2010 road striping at the last Town Board Meeting. He presented
Town Clerk Snyder with a copy of the executed contract for her files.
Town Planning Board Actions:
Attorney Folmer apprised the Board that Town Planning Board Member, Nick Renzi
developed a form summarizing the Planning Board's actions for the first 6-months of 2010, and
for the year 2010, and asked that he share the summary with the Board. One of the purposes of
the summary was to help the Planning Board keep track of Conditional Permits, and to ensure
that the conditions have been met. Supervisor Tupper thanked Mr. Renzi for his work.
Wal-Mart Supercenter:
Attorney Folmer recalled that the Board recently accepted conveyances of the new
roadway and easements from Wal-Mart Supercenter. Between the time the Board accepted such,
and the time the documents were recorded, two large mechanics liens were recorded against the
project. Attorney Folmer spoke with Highway Sup't. Bush and Attorney Kelly Pronti
(representing Wal-Mart) and indicated to them that, "should we be asked whether or not we are
the owners of any road our answer is that we accepted a conditional delivery of the deed, and the
condition was that there be no liens against the property." Therefore the Town has not taken
final ownership of the roadway and would not do so until the liens have been bonded away or
have been released. Attorney Pronti was aware of the situation, and indicated that Wal-Mart was
in the process of dealing with the liens.
Grass Ordinance:
Attorney Folmer gave the Board an update regarding a Grass Ordinance violation for
property in Blodgett Mills, which Councilman Leach brought to the Board's attention. The
property owner was served notice of the issue and had ten -days to comply.
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AUGUST 4, 2010 TOWN BOARD MEETING PAGE 9
Fireworks Policy:
Attorney Folmer reminded the Board that when they adopted the Fireworks Policy,
Councilman Rocco suggested the general public be notified of the new requirements regarding
fireworks. Attorney Folmer reported he would write a news release to be published in the
Cortland Standard indicating there is a new requirement under the Penal Law, and that the Town
Clerk's Office should be consulted with regard to an application for a permit for fireworks.
Supervisor Tupper noted that the Town has faxed its policy to other municipalities
interested in adopting a similar policy.
RESOLUTION #140 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S
SHARE OF COUNTY SALES TAX
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid
directly all of its share of county sales taxes which would otherwise be applied to reduce the
county taxes levied upon real property in the Town of Cortlandville, and be it further
RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective
commencing with calendar year 2011, and it is further
RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution
to the Cortland County Treasurer and the Cortland County Director of Real Property Tax
Services by registered or certified mail before September 01, 2010.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the New York State Department of Transportation, dated July 20, 2010,
notifying the Town that its request to lower the speed limit on Bennie Road to 30 MPH was
deemed appropriate. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Troy & Banks Utility & Telecommunication Consultants, dated July 20,
2010, regarding the letter sent to NYS Department of Public Service regarding street lighting
accounts. All voting aye, the motion was carried.
Supervisor Tupper indicated that the Town hired Troy & Banks Utility &
Telecommunication Consultants to review the Town's utility bills. Troy & Banks found some
problems with the Towns accounts, but is not getting much response from National Grid.
RESOLUTION #141 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT AND AFFIDAVIT BETWEEN
THE TOWN AND ANNA-MAE ARTIM FOR THE 2008 HOME
GRANT SENIOR HOUSING REHABILITATION PROGRAM
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement and Affidavit between the Town of Cortlandville and Anna -Mae Artim,
714 McLean Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant -
Senior Housing Rehabilitation Program in the amount of $16,338.34.
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AUGUST 4, 2010 TOWN BOARD MEETING PAGE 10
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortland County Planning Board Resolution #10-27 dated July 21, 2010, and Cortland
County Planning Department recommendations, dated July 16, 2010, regarding the Aquifer
Protection Permit application submitted by David Yaman, Cortland Commerce Center, LLC for
property located at 839 Route 13, tax map #95.00-10-01.100. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the Cortland County Health Department, dated July 8, 2010, regarding the
proposed project of David Yaman, Cortland Commerce Center, LLC for property located at 839
NYS Route 13, tax map #95.00-10-01.100. All voting aye, the motion was carried.
RESOLUTION #142 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY DAVID YAMAN,
CORTLAND COMMERCE CENTER, LLC FOR PROPERTY
LOCATED ON NYS ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 18, 2010 at 5:00 p.m. for the
Aquifer Protection Permit application submitted by David Yaman, Cortland Commerce Center,
LLC for property located on NYS Route 13, tax map #95.00-10-01.100.
Supervisor Tupper reminded the Board that the Town had to run an advertisement in the
Cortland Standard for three days in order to be in compliance with the USDA loan application.
Although the Town has not been approved, the application is in Washington D.C. On October
lst, the USDA will receive its allocation for 2011. The Town would hopefully receive funding
for the Polkville Waterline Extension Project. To date, the Town has spent $246,871.45 on the
proj ect.
RESOLUTION #143 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
WATER OPERATING FUND TO THE CAPITAL PROJECT
FUND — POLKVILLE WATERLINE EXTENSION PROJECT
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the
Water Operating Fund to the Capital Project Fund — Polkville Waterline Extension Project,
therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
$822.92 from the Water Operating Fund to the Capital Project Fund — Polkville Waterline
Extension Project, and it is further
RESOLVED, the Water Operating Fund will be reimbursed if and when the Town receives the
bond for the Polkville Waterline Extension Project. Total cost to date is $246,871.45.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Time Warner Cable, dated August 1, 2010, regarding programming
services. All voting aye, the motion was carried.
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AUGUST 4, 2010 TOWN BOARD MEETING PAGE 11
RESOLUTION #144 AUTHORIZE 2010 TOWN OF CORTLANDVILLE
REASSESSMENT PROJECT AND PAYMENT
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, in the 2009 Town of Cortlandville's budget process, the Town Board approved a
town wide reassessment, to be implemented on the 2010 Town of Cortlandville's Final Roll, and
WHEREAS, the Town Board authorized payment of $40,000 to be paid one half in 2009 and the
second half in 2010, for additional services necessary to complete the town wide reassessment,
and
WHEREAS, the additional reassessment services included are, but are not limited to:
Public Relation Meetings
Property Inventory Data Collection
Property Inventory Data Mailers
Response and Filed Verification of Data Mailer Discrepancies
Property Computerized Valuation Analysis and Production
100% Field Review of Computerized Valuation Value Estimates
Production of Full Disclosure Assessment Notices
Informal Assessment Review Meetings with Property Owners
Resolution of Assessment Discrepancies of the Informal Assessment
Review Meeting
WHEREAS, the first half of payment was made in 2009, and
WHEREAS, the 2010 Town of Cortlandville's Reassessment Project is complete, the 2010 Town
Equalization Rate is 100%, and the New York State Office of Real Property Tax Service has
verified the Reassessment Project, now therefore
BE IT RESOLVED, the second half payment for the completion of the 2010 Town of
Cortlandville Reassessment Project is hereby authorized.
Attorney Folmer mentioned item Town Planning Board Resolution 430 of 2010
regarding David Yaman's applications for Site Plan, Conditional, and Aquifer Protection.
According to the Resolution, the Planning Board approved the applications "subject to the
conditions set forth in the Cortland Co. Planning Board's Resolution #10-27 of 7/21/10, and as
modified by the Cortland Co. Planning Department, with subject modifications to be
communicated, in writing, to the Cortlandville Planning Board." Attorney Folmer requested the
Board remind him at the August 18th, 2010 public hearing as to whether or not modifications to
the conditions were made.
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 6:00 p.m.
Resp ctfully 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 August 18, 2010.