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HomeMy WebLinkAbout2022-09-07 Town Board Minutes SEPTEMBER 7, 2022 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT COMPAGNI LAND DEVELOPMENT, LLC 3737 LUKER ROAD TAX MAP #95.08-01-16.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding, concerning an application for an Aquifer Protection Permit submitted by Compagni Land Development, LLC for the purpose of constructing additional warehouse storage space onto an existing building as well as paving a small additional parking lot space, for property located at 3737 Luker Road, tax map #95.08-01-16.000. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, David J. Donlick Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present were: Deputy Town Clerk, Abbi Albro; Highway Sup’t. Larry Drach; Water & Sewer Superintendent, Brian Congdon; Town Financial Advisor, Dick Tupper; Town resident, Barbara Leach; and Tim Alger from CCC. Others joining via Zoom video/telephone conference: Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor, Amanda Rainbow; and News Reporter, Kevin Smith from the Cortland Voice. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to those in attendance. No requests were made. No further comments or discussion were heard. The Public Hearing was closed at 5:03 p.m. SEPTEMBER 7, 2022 5:03 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, David J. Donlick Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present were: Deputy Town Clerk, Abbi Albro; Highway Sup’t. Larry Drach; Water & Sewer Superintendent, Brian Congdon; Town Financial Advisor, Dick Tupper; Town resident, Barbara Leach; and Tim Alger from CCC. Others joining via Zoom video/telephone conference: Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor, Amanda Rainbow; and News Reporter, Kevin Smith from the Cortland Voice. Supervisor Williams called the Regular Meeting to order. Councilman Cobb made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of August 17, 2022. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Zoning Board of Appeals Minutes of May 24, 2022, and the Cortlandville Planning Board Minutes of July 26, 2022. All voting aye, the motion was carried. There was a brief discussion regarding the payment of vouchers. Councilman Leach voiced concern regarding Voucher #1167 payable to Genson Overhead Door for work completed at the Highway Department. The Board previously authorized payment in the amount of $5,515, however the voucher to be paid was for $8,383. Highway Sup’t. Drach mentioned that additional work was completed in the loader room. He would investigate the matter further and report back to the Board. Councilman Leach made a motion, seconded by Councilman Cobb, to authorize payment of the bills with the exception of Voucher #1167. RESOLUTION #246 AUTHORIZE PAYMENT OF VOUCHERS – SEPTEMBER Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #1154-1166; 1168-1229 HG, SF, SS, SW General Fund A $ 40,735.37 General Fund B $ 95,218.89 Highway Fund DA $ 0.00 Highway Fund DB $ 32,258.98 Gutchess Lumber SC Project HG $ 8,808.45 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 3,508.11 Water Fund SW $ 7,286.01 Funds CD1, CD3, CD4 Voucher #(None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #25-27 Trust & Agency TA $ 54,158.38 Expendable Trust TE $ 0.00 Supervisor Williams acknowledged that there were no requests for privilege of the floor. SEPTEMBER 7, 2022 TOWN BOARD MEETING PAGE 2 Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1. Code Enforcement Officer, Kevin McMahon – August 2022. 2. Town Clerk – August 2022; and 3. Fire & Safety Inspector, Desiree Campbell – August 2022. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Charter Communications, dated September 1, 2022, regarding programming services. All voting aye, the motion was carried. Under old business there was discussion regarding the Aquifer Protection Permit application submitted by Compagni Land Development to permit the construction of additional warehouse storage space onto an existing building as well as paving a small additional parking lot space, for property located at 3737 Luker Road, tax map #95.08-01-16.000. Supervisor Williams asked the Board to move to agenda item I-6, to receive and file the County Planning Department and Board recommendations. He explained that due to the lack of a quorum, the County Planning Board was unable to officially act and provide a recommendation regarding the Aquifer Protection Permit application. The Town Planning Board approved the Conditional Permit for the proposed building addition and recommended the Town Board issue the Aquifer Protection Permit. Councilman Leach made a motion, seconded by Councilman Cobb to receive and file Cortland County Planning Department Review and Recommendations, dated August 10, 2022, regarding the Aquifer Protection Permit Application submitted by Compagni Land Development, LLC, for property located at 3737 Luker Road, tax map #95.08-01-16.000. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb to receive and file correspondence from Trisha Jesset, P.E., Director of Planning and Alex Schultz, Planner, dated August 19, 2022, notifying the Town that due to a lack of quorum at the Cortland County Planning Board’s meeting on August 17, 2022, the board was unable to officially act on the General Municipal Law 239-m referral for the Conditional and Aquifer Protection Permit requested by Compagni Land Development, LLC for property located at 3737 Luker Road, tax map #95.08-01- 16.000. All voting aye, the motion was carried. The Board commenced their review of Part 2 of the SEQR Short Environmental Assessment Form with Supervisor Williams reading the questions. The Board answered “no impact to small impact” for all the questions. RESOLUTION #247 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #5 OF 2022 SUBMITTED BY COMPAGNI LAND DEVELOPMENT, LLC FOR PROPERTY LOCATED AT 3737 LUKER ROAD AND AUTHORIZE SUPERVISOR TO SIGN THE SEQRA APPLICATION Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Compagni Land Development, LLC to permit the construction of additional warehouse storage space onto an existing building as well as paving a small additional parking lot space, for property located at 3737 Luker Road, tax map #95.08-01-16.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of Compagni Land Development, LLC, Aquifer Protection Permit #5 of 2022, shall have no significant environmental impact, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #5 of 2022. SEPTEMBER 7, 2022 TOWN BOARD MEETING PAGE 3 RESOLUTION #248 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2022 SUBMITTED BY COMPAGNI LAND DEVELOPMENT, LLC Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Cortland County Planning Department and Town Planning Board reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the Town Board duly reviewed and completed the Short Environmental Assessment Form and declared that the proposed project of Compagni Land Development, LLC shall have no significant environmental impact, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #5 of 2022, submitted by Compagni Land Development, LLC for the construction of additional warehouse storage space onto an existing building as well as paving a small additional parking lot space, for property located at 3737 Luker Road, tax map #95.08-01-16.000, and it is further RESOLVED, the Supervisor is hereby authorized to sign the permit. Under new business, Town Clerk Rocco-Petrella updated the Board regarding the conversion of the Town’s phone system from Windstream to NEC Cloud Communication. While the conversion has not been seamless, it was expected to be complete by the end of the week. The Town Clerk’s office was also busy working on the 3rd Quarter billing for water/sewer, compiling information for the billing program, work on the upcoming newsletter, and conservation sales. Town Board Member reports: Councilman Guido apprised the Board that he met with some residents of Bell Drive regarding flooding issues and the possibility of adding a turning lane for Bell Drive when Phase 3 of the Route 281 Project moves forward. Highway Superintendent Drach indicated that the Town would be contacted by the NYS DOT about one year before work on Phase 3 would commence. Councilman Guido stated that residents in the area of Bell Drive/Route 281/Renaissance Development were concerned about flooding. He asked whether the Town could make the retention pond deeper at the bottom of Renaissance Development (Route 281/Davinci Drive). Discussion was had regarding flooding concerns in the Bell Drive area. Highway Superintendent Drach explained that he sent a camera through the drainage pipe, and it has been clear. Some concerns have to do with ground water rather than flooding; there is not much you can do regarding ground water. Councilman Leach voiced concerns regarding the intersection of Walden Oaks Blvd. and Bennie Road and vehicles not stopping for the 3-way stop sign. He asked if the Sheriff could patrol the area. Supervisor Williams indicated that the Sheriff patrols the area and that he talks with Sheriff Helms often. Councilman Leach sated it was a “precarious situation” and sympathized with the residents who think the speed limit should be reduced. Councilman Donlick reported that work was being done regarding the location of electric vehicle chargers in the Town. Supervisor Williams and Highway Superintendent Drach were looking at the proposed locations. Supervisor Williams reported: Solar Simplified Program: Supervisor Williams indicated that there have been questions and complaints regarding the Solar Simplified program being offered to Town residents. Attorney DelVecchio worked with the company and was in the process of receiving more specific information that can be provided to residents. Supervisor Williams was comfortable stating that it looked like the issues would be SEPTEMBER 7, 2022 TOWN BOARD MEETING PAGE 4 resolved. Councilman Leach commented that he had at least one resident ask him if the Town would be responsible “if something goes wrong”. Supervisor Williams explained that the Town was not endorsing the company. Drafting of 2 Local Laws: Supervisor Williams apprised the Board that representatives from the Cortlandville Fire District (CVFD) talked to Town representatives about two different situations involving the inspection of privately owned fire hydrants and access to apartment complexes. Attorney DelVecchio was in the process of drafting local laws to address the concerns. Supervisor Williams explained that there are approximately 40 fire hydrants in the Town that are privately owned and may not be tested annually as the Town’s hydrants are. If there is a fire and the privately owned hydrant does not work, there would be difficulties fighting the fire. Recently, it was discovered that several private hydrants were either not installed properly or were not working. Supervisor Williams explained that the proposed law would require the privately owned hydrants to resemble the Town’s hydrants in that they would be painted the same. There would also be a stipulation in the local law that the owner of the hydrant must have the hydrants tested annually or allow the Town to complete the test and charge a fee. One of the concerns that was being investigated is that the Town cannot complete work on private property. Councilman Cobb asked, “when the private hydrants were installed was the plan for the Town to take them over?” Supervisor Williams explained that the owner had to install a certain make and model, but that the hydrants were to remain private. He provided an example of a problem discovered at the Byrne Dairy facility in that none of the private hydrants were on or working. He explained that a local law would allow the Town to ensure that the private hydrants are inspected and working. The second matter brought up by the CVFD was the need for apartments to have dual access for emergency equipment to access the site. One of the ways to alleviate the need to have dual access is to design the roadway like Walden Oaks Blvd with two lanes in, two lanes out, with the divider down the middle. Supervisor Williams explained there are some things that the fire code prohibits. Town Code Enforcement Officers, Attorney DelVecchio and CVFD representatives were working together to draft a local law that will address the dual access for emergency vehicles. Both matters would be brought up at a later date. Cortland County Redistricting Commission: Supervisor Williams apprised the Board he received communication from Cortland County that there was an opening on the Redistricting Commission, and they requested a representative from the Town. Supervisor Williams asked for a volunteer to sit on the committee, which would meet the 2nd and 4th Tuesdays of the month at 4:00 p.m. Councilman Guido volunteered to be the Town’s representative. RESOLUTION #249 APPOINT COUNCILMAN GUIDO AS THE TOWN OF CORTLANDVILLE’S REPRESENTATIVE TO THE CORTLAND COUNTY REDISTRICTING COMMISSION Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby appoints Councilman Jeffrey Guido as the Town of Cortlandville’s representative to the Cortland County Redistricting Commission. Expansion of Sewer on Cosmos Hill Road, Blue Creek Road, and Alexandria Drive: There was discussion regarding the potential expansion of Town sewer on Cosmos Hill Road, Blue Creek Road, and Alexandria Drive. At the Town’s request, CHA Consulting Inc. submitted a proposal for professional engineering services. Supervisor Williams asked the Board to discuss the proposal. Water & Sewer Superintendent, Brian Congdon explained that 67 homes would be involved in the project. In order for CHA to provide an estimate on the cost of the proposed project, the Town would have to spend money on the engineering. Councilman Guido asked if property owners would be hesitant to hook up and asked if the Town should first do a survey of the property owners prior to moving forward. Councilman Cobb commented that in his personal SEPTEMBER 7, 2022 TOWN BOARD MEETING PAGE 5 experience, there was not a choice; if sewer was available you had to hook up. He supported the project. Councilman Donlick asked if the Town had to use CHA for the study, or if the Town could seek other options to get the study done for less money. Supervisor Williams explained there were five tasks proposed by CHA for the project totaling $130,430: Task A: Preliminary Design Phase, $47,930; Task B: Design Phase, $55,600; Task C: Regulatory Permitting, $13,750; Task D: Bidding Assistance, $7,500; Task E: Easement Assistance, $5,650. Discussion continued on the matter, with the Board determining that they would move forward with the Preliminary Design Phase for $47,930. RESOLUTION #250 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM CHA CONSULTING INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR TASK A: PRELIMINARY DESIGN PHASE, FOR THE PROPOSED SEWER EXPANSION ON COSMOS HILL ROAD, BLUE CREEK ROAD AND ALEXANDRIA DRIVE Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the proposal from CHA Consulting Inc. to provide professional engineering services for Task A: Preliminary Design Phase for the proposed sewer expansion on Cosmos Hill Road, Blue Creek Road, and Alexandria Drive, for the total cost not to exceed $47,930. There was discussion regarding the placement of a historical marker at the South Cortland Cemetery through the submission of a grant to the William G. Pomeroy Foundation (WGPF). The WGPF is a private foundation that provides grants for historic markers. The South Cortland Cemetery may qualify for the Patriot Burial Markers program, which commemorates the burial sites of veterans of the American Revolution. If funding is received, the marker could be placed roadside/in or within the cemetery. Councilman Guido commented that in his prior research there are ten or more veterans interred in the cemetery. The Board agreed to allow for the placement of the historical marker should the application for funding be approved. Town Clerk Rocco-Petrella thanked Cortland County resident, Zachary Finn, for providing the information to the Town to commemorate the soldiers. Supervisor Williams asked the Town Clerk to write a letter of thanks to Mr. Finn for his efforts. RESOLUTION #251 AUTHORIZE THE SUBMISSION OF AN APPLICATION FOR A GRANT ON BEHALF OF THE TOWN OF CORTLANDVILLE FROM THE WILLIAM G. POMEROY FOUNDATION FOR A HISTORIC MARKER TO BE PLACED AT THE SOUTH CORTLAND CEMETERY TO COMMEMORATE THE BURIAL SITES OF VETERANS OF THE AMERICAN REVOLUTION Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the submission of an application for a grant on behalf of the Town of Cortlandville from the William G. Pomeroy Foundation for a historic marker to be placed roadside/in or within at the South Cortland Cemetery located off of Route 13 (tax map #95.00-10-07.000), owned by the Town of Cortlandville, to commemorate the burial sites of veterans of the American Revolution, and it is further RESOLVED, the application shall be made by the local chapter of the National Society of the Sons of the American Revolution (SAR) on behalf of the Town of Cortlandville. SEPTEMBER 7, 2022 TOWN BOARD MEETING PAGE 6 RESOLUTION #252 AUTHORIZE SUPERVISOR TO SIGN THE STIPULATION IN THE MATTER OF HOMER SOLAR ENERGY CENTER, LLC (MATTER NO. 21-00976) ADDRESSING THE TOWN’S NOISE ORDINANCE AND STATE WETLAND IMPACTS Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the Stipulation in the Matter of Homer Solar Energy Center, LLC (Matter No. 21-00976), received on August 25, 2022, addressing the Town of Cortlandville’s Noise Ordinance and State Wetlands Impacts, in which the Town agrees to the following: A. Noise Ordinance – the Parties agree that the Cortlandville Noise Ordinance (Town of Cortlandville Zoning Code § 109(5)) does not apply to construction of the Homer Solar Project. Operational noise limits shall be those set forth in Section 5.5(b) of the Draft Permit. B. State Wetland Impacts – the Parties agree that the waiver of Cortlandville Zoning Law § 178-123.3(D)(3)(b)(ii) should apply to federally regulated and state-regulated wetlands and prime soils, as outlined in the Application, given that impacts to those resources were minimized and are considered by the Town to be incidental. RESOLUTION #253 AUTHORIZE SUPERVISOR TO SIGN THE TRAIL LICENSE AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND C’VILLE, LLC FOR A PORTION OF TWO PROPERTIES LOCATED OFF OF BYRNE HOLLOW CROSSING FOR USE BY THE TOWN OF CORTLANDVILLE AND THE PUBLIC Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the Trail License Agreement between the Town of Cortlandville and C’Ville, LLC for a portion of property located at 3125 Byrne Hollow Xing, tax map #105.00-03-25.000, and a portion of property located off of Byrne Hollow Xing, tax map #105.00-03-22.000 (as shown and identified as the “Proposed License to the Town of Cortlandville” on a Survey Map entitled “Survey of Lands of East Lake Venture, LLC” by Denkenberger Surveying, P.C. dated June 15, 2021), and it is further RESOLVED, the purpose of the Agreement is to grant the Town of Cortlandville “the right-of- way over, on, in, across, and through the Trail License Area for the purpose of ingress, egress, and regress of pedestrian, bicycle, and similar traffic, with the right to make such available to the public” as described in the Trail License Agreement, and it is further RESOLVED, the term of the Agreement shall be for one year and automatically renew if neither party terminates the agreements pursuant to section 1.05. RESOLUTION #254 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 6 OF 2022 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 6 of 2022, “A Local Law Adopting the Town of Cortlandville’s Participation in Meetings Via Videoconference in the Town of Cortlandville, New York”, to be effective August 9, 2022. SEPTEMBER 7, 2022 TOWN BOARD MEETING PAGE 7 Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from the New York State Department of Transportation, dated August 9, 2022, denying the Town’s request for a reduction in speed limit from 40 mph to 30 mph on McLean Road, from the intersection of Route 281 to Fairview Drive. All voting aye, the motion was carried. Supervisor Williams asked that no action be taken on agenda item I-13, to schedule a public hearing for October 5, 2022 regarding a Local Law for a zone change for properties located off Route 13. No action was taken. With no further comments or discussion to be heard, Supervisor Williams requested the Board convene to an Executive Session to discuss personnel. He anticipated that no action would be taken after Executive Session. Councilman Leach made a motion, seconded by Councilman Cobb to recess the Regular Meeting to an Executive Session to discuss personnel. All voting aye, the motion was carried. The meeting was recessed at 5:48 p.m. Councilman Leach made a motion, seconded by Councilman Cobb, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 7:02 p.m. No further comments or discussion were heard. Supervisor Williams adjourned the Regular Meeting at 7:03 p.m. Respectfully submitted, Kristin E. Rocco-Petrella, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on September 30, 2022. The final version of this meeting was approved as written at the Town Board meeting of October 5, 2022.