SENECA FALLS — For the fourth straight month, the Town Board tabled a vote on issuing a permit for Seneca Meadows Inc. because of ongoing odor complaints.

The board voted 5-0 Tuesday to endorse Supervisor Frank Schmitter’s call to table, citing odor issues. There was no board discussion.

The board tabled votes on the permit in January, February and March for the same reason.

The Seneca Meadows landfill on Route 414 doesn’t need a town permit to operate. Its state permit takes precedence, and that permit doesn’t expire until 2025. SMI has applied to expand upward and is seeking a new permit to remain open until 2040. A decision is pending.

The Town Board issued permits to SMI for 2022 and ‘23, but not for 2020 or ‘21. The town permit indicates the use of the 400-acre landfill property complies with zoning and code regulations.

At the start of the meeting, Mark Pitifer, representing glass bottle business Waterloo Container and its owner, Bill Lutz, read a statement opposing a town permit for the landfill owner, Waste Connections of Texas.

“Since we last spoke to this board, the odors from the SMI landfill have only continued to be a problem for area businesses and residents,” he said. “In the month of March, both landfill officials and town zoning officials confirmed odors on site at Waterloo Container. This odor occurred on several occasions and entered into our buildings as well.

“We need this board to have Seneca Meadows mitigate the problems they have created. This Town Board should rely on the veracity of the complainants and vote to deny SMI their operating permit due to the fact that they are violating the Seneca Falls town code.”

Specifically, Pitifer said the odor violates Section 300-26B of the town code.

“Waterloo Container, along with some of the other large employers in the town and county, implore this board to hold SMI to a greater level of accountability and use your authority and power given to you,” Pitifer said. “It is your duty to enforce the town codes and the host agreement and make SMI comply.”

Waterloo Container, which is across Route 414 and just south of the landfill, employs 85 people, Pitifer said.

Pitifer continued to say that while looking for expert opinions on landfill odor, he found that the Agency for Toxic Substances and Disease Registry says landfill odors contain hydrogen sulfide, ammonia, benzene, dichloroethylene, ethybenzene, toluene, trichloroethylene, tetrachloroethylene and vinyl chloride — “to name a few. Let’s pick one. Trichloroethylene, for example, is a substance listed as an actual emission in SMI’s annual reports.”

He said recent analysis of epidemiological studies report trichloroethylene exposure is associated with several types of cancer in humans, especially kidney, liver, cervix and the lymphatic system.

“Enough is enough. Stop being blinded by public relations and financial campaigns,” Pitifer concluded. “Please uphold your town codes, hold this business accountable, and protect the health, safety and well-being of your residents.”

State Street resident Nicki Catalano said she experienced a “horrible” landfill odor at her home in March and filed a complaint. She said she told board members about it and only heard back from Jackson Puylara, who asked her if she filled out the required affidavit, which she said she did.

“It was horrible and I almost got sick, but there was no response,” Catalano said.

Board member Dawn Dyson told Catalano she had informed SMI District Manager Kyle Black and town Code Enforcement Officer Peter Porcelli about the complaint. Porcelli said he investigated and sent a notice of violation to SMI officials.

Catalano said she received a letter from SMI saying they found no odor at her address.

“There should be no permit until this is mitigated,” Catalano said. “The smell is awful.”

In other action:

CULVERT — The board voted 5-0 to take ownership of the West Bayard Street culvert from Sampson Creek to the Cayuga-Seneca Canal. Schmitter noted a four-year dispute with the state over who owned the culvert under the street, which was blocked and caused flooding severe enough to close one block of the street for a period of time in 2020.

“Rather than keep arguing, I say we take ownership and apply for grants to fix the culvert,” Schmitter said.

UPGRADES — Trustees voted 4-1 to seek bids for installation of secure customer service windows in the town clerk and water department offices in the municipal building, plus handicapped-access, push-button door openers at the municipal building and community center.

Town Manager Pete Soscia said the money could come from the town’s American Rescue Plan Act allocation. Board member Kaitlyn Laskoski voted no, questioning a lack of information on accounting for the ARPA funds. Soscia acknowledged there has been little documentation of that money, which was not put in a separate account. He and Schmitter said they are working on making improvements.

APPOINTMENTS — The board approved the permanent appointments of Recreation Director Mary “Missy” Jones and Assistant Recreation Director Justin Hlywa after both passed Civil Service tests.