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HomeMy WebLinkAboutB - 02 Town Board Minutes 6/21/2023 JUNE 21, 2023 5:03 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT TRIPLE CITIES HOLDINGS, LLC, APPLICANT LOUIS AND MILDRED PETRELLA, OWNERS 3772 US ROUTE 11 TAX MAP #97.02-01-25.000 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 with Supervisor Williams presiding, concerning an application for an Aquifer Protection Permit submitted by Triple Cities Holdings, LLC to permit the construction of an 11,670 sq. ft. warehouse addition to an existing 1,620 sq. ft. building with approximately 8,189 sq. ft. of new pavement installed for parking and truck deliveries, for property owned by Louis and Mildred Petrella, described as 3772 US Route 11, tax map #97.02-01-25.000. 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: Highway Superintendent, Larry Drach; Jamie Easton representing Regan Development; Joe Cavender from TPK Design and Rob Geiger representing Cortland Chrysler Dodge Jeep, Inc.; Tyler Burk; Shawn Herceg; Town Residents: Barbara Leach; John Reynolds; Bill Masterson; Pamela Jenkins; Larry & Teresa Biviano; Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow. 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 5:04 p.m. JUNE 21, 2023 5:18 P.M. PUBLIC HEARING NO. 2 AQUIFER PROTECTION PERMIT CORTLAND CHRYSLER DODGE JEEP, INC., APPLICANT 8961 RT 11 PROPERTIES, LLC, OWNER 3878 ROUTE 281 TAX MAP #86.17-01-08.210 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 with Supervisor Williams presiding, concerning an application for an Aquifer Protection Permit submitted by Cortland Chrysler Dodge Jeep, Inc. to permit the construction of a new 24,460 sq. ft. auto sales and car repair facility with additional paved area, for property owned by 8961 Rt 11 Properties, LLC, described as 3738 Route 281, tax map #86.17-01-08.210. 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: Highway Superintendent, Larry Drach; Jamie Easton representing Regan Development; Joe Cavender from TPK Design and Rob Geiger representing Cortland Chrysler Dodge Jeep, Inc.; Tyler Burk; Shawn Herceg; Town Residents: Barbara Leach; John Reynolds; Bill Masterson; Pamela Jenkins; Larry & Teresa Biviano; Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow. 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. Town resident, Pamela Jenkins, offered the following comments. Pamela Jenkins, Town Resident: I'm speaking to agenda item number 2, and pointing out that the Cortland County Planning Board met on April 19, 2023, and they resolved that only upon adherence to the following contingencies does the Board recommend approval of this application, and that the contingency number one is that the applicant does not increase the impervious surface above the existing 62.5%. The coordinated committee, the county coordinated committee also met, and they wrote, the project is located within Area 1A of the town's aquifer protection zone, and therefore is required to have less than 50% lot coverage. However, the proposed project would increase the existing live coverage and impervious surface from 62.5% to 75.7%, which is well above the allowable 50%. Then the Cortland County Soil and Water Conservation District noted that this site is immediately upgradiant 1,800 feet from the City of Cortland Water Public water supply well, and is located over the Cortland Homer Preble sole source aquifer. Sighting of any commercial industrial facility handling toxic and hazardous substances at a location such as this is a concern for the safety of the city's only water supply. So throughout the adopted comprehensive plan there's language that the Aquifer Protection plan will be adhered to. So, along with the Cortland County Planning Board, I urge you not to allow expansion of the impervious surface from 62.5% to 75.7%. To allow expansion of the impervious surface would be inconsistent with aquifer protection and inconsistent with our comprehensive plan. Thank you. Supervisor Williams thanked Ms. Jenkins for her comments and offered privilege of the floor to Jospeh Cavender. Joseph Cavender from TPK Design, site engineer for the project representing the applicant Cortland Chrysler Dodge Jeep, Inc., made the following comments: Joseph Cavender: Joseph Cavender of TPK Design, site engineer for the project. Represented the project through the Planning Board and ZBA variance for this site. We vetted several designs based on corporate requirements for an expanded building. Compared to the size of the facility there now we're increasing it by approximately 1/3 square footage building roof. That is the increase in impervious. Unfortunately we don't have a way to reduce building size and still conform to corporate standards and allow the project to move forward. Due to the not self-created JUNE 21, 2023 PUBLIC HEARING NO. 2 PAGE 2 hardship of a fire my client needs to rebuild and rebuild expeditely. To cover his loss of business insurance it needs to be functional by the spring in order to not go belly up on the site. We worked extensively with the Planning Board to come up with strategies for producing impervious, ultimately exploring gravel for parking as opposed to asphalt. After further review it was found that asphalt is more appropriate, and on paper it looks like we're increasing, impervious. But the asphalt allows us to capture all storm water, route it to hydronic devices they’re called, which have a very high removal, efficiency with … with hydrocarbons, sediment, floatables, and we have designed those to exceed State DEC requirements thereby assuring all impervious areas are captured and treated by these devices prior to being discharged to a primary treatment facility which provides additional treatment to the water quality found here before releasing from our site. The Zoning Board agreed to allow a 70% lot coverage. And we did reduce that by 5, with the understanding that the project would die if we did not conform to the corporate size requirements of the building facility. The project has been reviewed the last 6 months, almost, 5, and we have been working extensively with both the Planning and Zoning Board to come to an agreement. It's not that we want to exceed and pollute but we had no other way to store vehicles, to get vehicles in and through the site safely while accommodating pedestrian and vehicle access, while attenuating these storm events and providing and exceeding DEC requirements for water quality volume controls. I can answer any other questions related to the site design and engineering of the property. Councilman Guido: So there's gonna be safeguards in place. Water treatment. Joseph Cavender: Yeah, the water quality treatment is treated twice. Conventionally you send it to a basin, you treat it once. In this case we're capturing all impervious area including roof, treating it once at 100% of that required treatment volume, then allowing it to discharge to an infiltration basin, which then discharges to an existing swale north of this property. That provides treatment on its way to an existing detention facility behind Harbor Freight in the plaza to the north before releasing to Otter Creek further to the north and then continuing to the southwest. Councilman Guido: And these are in compliance with DEC requirements? Joseph Cavender: Correct. I was on a teleconference today with Kathy McGrath with the County. Her and I reviewed extensively the removal efficiencies of these facilities was provided. She crafted a letter and submitted that to Bruce Weber today at approximately 2:30 p.m. stating that we are in full compliance with state and county stormwater ordinances. In fact, we exceeded because we wanted to. We recognize this is a hotspot. Supervisor Williams: And what they're trying to deal with are gasoline and oil that sort of thing … Joseph Cavender: That’s correct, and there will be no intermittent dripping or pollution of that type, because of those vehicles will immediately be brought into the service department. In fact, you can't legally transport a vehicle leaking fluid at a large quantity that's going to affect anything other than visual effects. You are speaking to affecting groundwater, that’s a massive quantity that's gonna saturate through feet of soil before reaching that water and it is, it's lighter than water and gets stuck in the dirt. Our detention facilities have 6 feet of separation between the bottom of that practice and groundwater. There's really no way for the hydrocarbons to get through that. And we're also treating that with manholes that spin and separate oils before that water is discharged to that basin. All hazardous materials will be stored inside the facility in New York State DEC compliant bins or tanks. Those are required to be inspected, I’ll say annually, and up to code. So unloading, loading, discharging of those materials will occur on the interior which has a significant trench drain and an invert on that trench drain is approximately 6 inches below the finished floor of the doors. So that trench drain discharges to an oil water separator immediately to sanitary. There's no cross contamination of storm exiting our site. And in the event of fire, this was reviewed should it happen again, this new building design will not allow water from firefighting activities to exit the site pre-discharge to the soil. It will be captured by that 6-inch difference in building slab to the trench drain and direct it to the sanitary facilities. Supervisor Williams: That’s inside. Joseph Cavender: That’s completely inside. Supervisor Williams: And outside? Joseph Cavender: Outside all water collected from those firefighter activities will not contain hazardous materials and if they do, they’re gonna be captured by our storm network routed to these JUNE 21, 2023 PUBLIC HEARING NO. 2 PAGE 3 devices prior to discharging which our size for approximately 5 year storm drain, which is pretty large, a fire truck can't reproduce that volume. Supervisor Williams: So that building was built when? When was that design? Joseph Cavender: 1988. Supervisor Williams: 1988. And as a professional engineer, what would you say was the - if there were improvements in design from ‘88 til now, how would you characterize those? Joseph Cavender: Significantly beneficial. Fire suppression code is immensely greater to suppress fire than it was in ‘88 inside the building meaning that fire that got that big won’t be allowed to get that big. It will be put out before it started by … The floor drains themselves have much greater capacity to convey water. It's a long linear trench drain as opposed to spot area drains that will get incapacitated quickly. And then discharge via site. This doesn't have that opportunity. Supervisor Williams: This runs basically the length of the service area right? Joseph Cavender: Yeah, on the interior. We have the luxury of having sanitary pump station, town facility, centered on the northern property line on our site. That truncates via 2 easements through our site, north south and southwest. That line is 8 inches, which is more than we need. So we have an upgraded service. That's the ability to of additional water during firefighting activities, God forsake that happen again. Supervisor Williams: Questions? Thank you. Supervisor Williams asked if asked if anyone else wished to speak for or against the project. No further comments or discussion were heard. The Public Hearing was closed at 5:18 p.m. JUNE 21, 2023 5:18 P.M. PUBLIC HEARING NO. 3 AQUIFER PROTECTION PERMIT REGAN DEVELOPMENT, APPLICANT JOSEPH & DANTE ARMIDEO, OWNERS 978 ROUTE 13 TAX MAP #96.13-01-02.110 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 with Supervisor Williams presiding, concerning an application for an Aquifer Protection Permit submitted by Regan Development to permit the construction of a four-story mixed use building consisting of 68 apartment units and 6,278 square feet of commercial space, for property owned by Joseph and Dante Armideo, described as 978 Route 13, tax map #96.13-01-02.110. 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: Highway Superintendent, Larry Drach; Jamie Easton representing Regan Development; Joe Cavender from TPK Design and Rob Geiger representing Cortland Chrysler Dodge Jeep, Inc.; Tyler Burk; Shawn Herceg; Town Residents: Barbara Leach; John Reynolds; Bill Masterson; Pamela Jenkins; Larry & Teresa Biviano; Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow. 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. Jamie Easton, Civil Engineer with EP Land Services, representing Regan Development introduced himself to the Board and gave a brief explanation of the project. He mentioned that the project received Site Plan approval from the Town Planning Board. Per Code a 50% maximum impervious coverage per lot is allowed, however the project will be at 12% for this project site. There’s approximately 2.8 acres of impervious area on the project site. All stormwater will be collected, sent to a DEC approved practice, and they are infiltrating up to the hundred-year storm event. Mr. Easton explained that they took measures above and beyond to take the hill behind the project and promote infiltration above and beyond Code. Cortland County reviewed the stormwater report and deemed it complete. The Planning Board also reviewed the project. He stated that no one had any questions in regards to stormwater runoff or effects on Otter Creek or to the watershed due to the fact that such a low percentage of the project site being impervious and that we are recharging up to the hundred year storm event. All stormwater goes back in the ground just as it was before to preserve the Town’s water source. Supervisor Williams thanked Mr. Easton and asked if anyone else wished to speak for or against the project. No further comments or discussion were heard. The Public Hearing was closed at 5:21 p.m. JUNE 21, 2023 5:21 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 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: Highway Superintendent, Larry Drach; Jamie Easton representing Regan Development; Joe Cavender from TPK Design and Rob Geiger representing Cortland Chrysler Dodge Jeep, Inc.; Tyler Burk; Shawn Herceg; Town Residents: Barbara Leach; John Reynolds; Bill Masterson; Pamela Jenkins; Larry & Teresa Biviano; Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow. Supervisor Williams called the Regular Meeting to order and explained there would be no privilege of the floor offered this evening. The Board’s agenda was limited to the “old business” items and a few “new business” items. At the conclusion of the meeting he would ask for a recess to Wednesday, June 28, 2023 at 5:00 p.m. The Board proceeded with old business items on the agenda. The Board conducted its SEQRA review with regard to the Aquifer Protection Permit application submitted by Triple Cities Holdings, LLC to permit the construction of an 11,670 sq. ft. warehouse addition to an existing 1,620 sq. ft. building with approximately 8,189 sq. ft. of new pavement installed for parking and truck deliveries, for property owned by Louis and Mildred Petrella, described as 3772 US Route 11, tax map #97.02-01-25.000. In Attorney DelVecchio’s absence, Town Clerk Rocco-Petrella read Part 2 of SEQR aloud, with the Town Board answering “No, or small impact may occur” to all of the questions. RESOLUTION #197 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #3 OF 2023 SUBMITTED BY TRIPLE CITIES HOLDINGS, LLC FOR PROPERTY OWNED BY LOUIS AND MILDRED PETRELLA, DESCRIBED AS 3772 US ROUTE 11 AND AUTHORIZE SUPERVISOR TO SIGN THE SEQRA APPLICATION Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Triple Cities Holdings, LLC to permit the construction of an 11,670 sq. ft. warehouse addition to an existing 1,620 sq. ft. building with approximately 8,189 sq. ft. of new pavement installed for parking and truck deliveries, for property owned by Louis and Mildred Petrella, described as 3772 US Route 11, tax map #97.02-01-25.000, 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 Triple Cities Holdings, LLC, Aquifer Protection Permit #3 of 2023, 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 #3 of 2023. JUNE 21, 2023 TOWN BOARD MEETING PAGE 2 RESOLUTION #198 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2023 SUBMITTED BY TRIPLE CITIES HOLDINGS, LLC. SUBJECT TO CONDITIONS Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have 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 Triple Cities Holdings, LLC shall have no significant environmental impact, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2023, submitted by Triple Cities Holdings, LLC permitting the construction of an 11,670 sq. ft. warehouse addition to an existing 1,620 sq. ft. building with approximately 8,189 sq. ft. of new pavement installed for parking and truck deliveries, for property owned by Louis and Mildred Petrella, described as 3772 US Route 11, tax map #97.02-01-25.000, subject to the following conditions from the Town and County Planning Boards: 1. The applicant obtain a Highway Work Permit from the NYSDOT for any work done within the NYS right-of-way. 2. The applicant consider adding a fire alarm system to their facility. 3. The applicant provide the Town with a complete SWPPP in accordance with Article XVI of the Code. 4. That consideration be made of including a forebay or other water quality treatment practice above the proposed infiltration basin to protect the infiltrating capacity of the basin. 5. The applicant consult with the County Health Department and Town regarding any approvals required for these connections and to ensure any existing connections if used will be sufficient. 6. That any new lighting be designed in accordance with the Design and Development guidelines outlined in Article XXIII of the Code section 178-140 (D.)(4). Any lighting for the proposed facility shall also be directed in such manner so as not to infringe on the neighboring properties. 7. That if that applicant includes any signage either on the building or near NYS Route 11 that the signage be in accordance with the Town of Cortlandville Zoning Code Article XVIII: Signs. 8. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. RESOLUTION #199 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2023 SUBMITTED BY CORTLAND CHRYSLER DODGE JEEP, INC. SUBJECT TO CONDITIONS Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and JUNE 21, 2023 TOWN BOARD MEETING PAGE 3 WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the Cortlandville Planning Board, as Lead Agency, duly reviewed and completed the Full Environmental Assessment Form and declared that the proposed project of Cortland Chrysler Dodge Jeep, Inc. shall have no significant environmental impact, and WHEREAS, the Cortlandville Zoning Board of Appeals granted an Area Variance to allow for a lot coverage no greater than 70%, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #4 of 2023, submitted by Cortland Chrysler Dodge Jeep, Inc. permitting the construction of a new 24,460 sq. ft. auto sales and car repair facility with additional paved area, for property owned by 8961 Rt 11 Properties, LLC, described as 3738 Route 281, tax map #86.17-01-08.210, subject to the following conditions from the Town and County Planning Boards, excluding County Planning Board condition #1, “that the applicant does not increase the impervious surface above the existing 62.5 percent”: 1. That the applicant submit final sign dimensions of the building mounted signs for the Towns’ review and that the same proof be provided as above in order for area variance to be approved. 2. Any proposed floor drains must connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank. 3. Any wastes collected in a holding tank must be disposed of through a licensed waste hauler. 4. Waste degreasing solvents must be stored in drums or a holding tank and disposed of through a licensed waste hauler. 5. Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler. 6. Storage facilities for tanks and/or drums require coated concrete floors and dikes to retain accidental spills or leaks; a permanent roof to protect tanks or drums and to prevent precipitation from entering dikes. Drums should be sealed, and tanks and drums must be located away from floor drains. 7. Large drip pans should be kept beneath drums which have spigots and are stored in horizontal position on racks. 8. Potentially contaminated scrap, including but not limited to scrap parts, batteries and used filters shall be stored in proper containers to prevent environmental release of contaminants. 9. Submittal of a list and quantity of all chemicals to be stored on site to the Town, regardless of the quantity, including a plan for primary and secondary storage for these chemicals, as well a plan for paint booth emissions. 10. The applicants’ submittal and the Town’s acceptance of the Spill Response Plan and Spill Prevention, Control & Countermeasures Plan for the site. 11. The County Health Department and Town being consulted regarding any approvals required for the connection of the existing building’s public water and sewer facilities. 12. That all collected waste fluids should be pretreated in an oil-water separator under cover and discharged to the public sewage treatment infrastructure. 13. Any new lighting for the site being directed in such a manner so as to not infringe on the neighboring properties. 14. The Stormwater Pollution Prevention Plan for the site being approved by the Town upon review by the County Soil and Water Conservation District. JUNE 21, 2023 TOWN BOARD MEETING PAGE 4 15. The applicant file a Notice of Intent with the NYS Department of Environmental Conservation (DEC) in addition to the preparation of a stormwater pollution prevention plan for the site per the NYS Phase II stormwater regulations as it is determined that this proposal would result in the disturbance of more than one acre of land. 16. The applicant must coordinate the site development with NYSDOT, including site plan, drainage report, and photometric plan. 17. Any work within the State right-of-way will require a Highway Work Permit. 18. The traffic signal has loop detection, the proposed pavement work will destroy the detection. The applicant is responsible for installing detection meeting current NYSDOT standards. 19. That the Town receive verification from NYSDEC, Cortland County Health Department, and/or the Cortland County Soil and Water Conservation District that all required remediation of the recent event is complete prior to commencement of construction and that no proposed excavation or work shall further endanger the municipal public water supply. 20. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. RESOLUTION #200 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2023 SUBMITTED BY REGAN DEVELOPMENT SUBJECT TO CONDITIONS Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have 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 Cortlandville Planning Board, as Lead Agency, duly reviewed and completed the Full Environmental Assessment Form and declared that the proposed project of Regan Development shall have no significant environmental impact, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #5 of 2023, submitted by Regan Development permitting the construction of a four-story mixed use building consisting of 68 apartment units and 6,278 square feet of commercial space, for property owned by Joseph and Dante Armideo, described as 978 Route 13, tax map #96.13-01-02.110, subject to the following conditions from the Town Planning Board and County Planning Department: 1. That the applicant provide the Town with an updated site plan including all information required in §178-71 of the Code of the Town of Cortlandville. 2. That the updated site plan take into consideration applicable guidelines in §178-140 “Design and Development Guidelines” of the Code of the Town of Cortlandville. 3. That the applicant and Town consider whether a pocket park would be appropriate on the triangular-shaped strip of land between NYS Route 13, Otter Creek, and United Auto Supply. 4. That the applicant consider nonmotorized traffic in the design of the proposed pedestrian walkways on the site plan. 5. That, while considering the requested use variance, the applicant show the Town that the applicable zoning regulation has caused an unnecessary hardship. JUNE 21, 2023 TOWN BOARD MEETING PAGE 5 6. That, while considering the requested area variance, the Town balance the benefit to be realized by the applicant against any potential detriment to the health, safety, and general welfare of the neighborhood or community. 7. That the applicant prepare a storm water pollution prevention plan (SWPPP) in compliance with both NYSDEC stormwater regulations and the Town of Cortlandville stormwater ordinance (Article XVI of the 1985 Zoning Law of the Town of Cortlandville, Cortland County, New York) and provide it to the Town for review. 8. That the applicant obtain a Highway Work Permit for any work within the State right- of-way, including driveway alteration and sidewalk connections. 9. That access to NYS Route 13 be reviewed and approved by NYSDOT. 10. That the applicant provide NYSDOT with the required storm water pollution prevention plan (SWPPP). 11. That no post-construction SMP’s be sited in the FEMA floodplain. 12. That the applicant reach out to Holly Granat in the Region 7 DEC office for coordination of water resources on site. 13. That, if an Army Corps of Engineers permit is required, the applicant apply for an Individual Water Quality Certification and have it issued by NYSDEC. 14. That both erosion and sediment control during construction and post-construction stormwater management be installed and managed consistent with regulations to avoid contamination of Otter Creek and impacts on roads and downgradient properties. 15. That a vegetated buffer be left in place to protect the creek. 16. That erosion and sediment control practices be effective to ensure that water quality is not degraded during construction. 17. Compliance with SEQR requirements. 18. That the applicant add security cameras to the outside of the building. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. RESOLUTION #201 AUTHORIZE PAYMENT OF VOUCHERS – JUNE Motion by Councilman Guido Seconded by Councilman Leach 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 #819-890 HG, SF, SS, SW General Fund A $ 45,577.02 General Fund B $ 12,600.00 Highway Fund DA $ 0.00 Highway Fund DB $ 173,849.44 Gutchess Lumber SC Project HG $ 1,575.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 66,237.52 Water Fund SW $ 67,888.60 Funds CD1, CD3, CD4 Voucher #26-28 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 46,375.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 JUNE 21, 2023 TOWN BOARD MEETING PAGE 6 RESOLUTION #202 AUTHORIZE PAYMENT APPLICATION NO. 9 SUBMITTED BY SMITH SITE DEVELOPMENT, LLC FOR THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Payment Application No. 9 as submitted by Smith Site Development, LLC for payment in the amount of $82,180.57 for the Gutchess Lumber Sports Complex, which reflects the work completed and stored to date ($3,143,583.00) minus the previous applications for payment ($2,904,223.28) and the five percent retainage ($157,179.15). RESOLUTION #203 ACCEPT CERTIFICATE OF SUBSTANTIAL COMPLETION WITH PUNCH LIST FROM SMITH SITE DEVELOPMENT, LLC FOR GUTCEHSS LUMBER SPORTS COMPLEX PHASE 2 Motion by Councilman Donlick Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby accepts the Certificate of Substantial Completion with Punch List, dated May 31, 2023, from the contractor Smith Site Development, LLC for the work under the contract documents for Gutchess Lumber Sports Complex Phase 2. RESOLUTION #204 AUTHORIZE CHANGE ORDER NO. 5 SUBMITTED BY SMITH SITE DEVELOPMENT, LLC FOR THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order No.5 submitted by Smith Site Development, LLC for the Gutchess Lumber Sports Complex Phase 2, to provide the final project change of contract time and work orders as follows: Contract Time – items that remain to be completed: correct backstop netting installation; batting cage turf and netting system installation; sidewalk joint sealant; and irrigation winter shutdown. Work Orders – installation of asphalt pavement in lieu of concrete sidewalk for connection of west side fields; removal of topsoil and seed installation in area of 12 foot wide future sidewalk to parking area and pathways to double gates for equipment staging; and installation of gravel pads at fields near southside double gates. AND IT IS FUTHER, RESOLVED, that substantial completion of the project is expected by June 2, 2023 with final payment by September 1, 2023. RESOLUTION #205 AUTHORIZE APPROVAL REQUEST OF GEORGE AND LORI MOWRY FOR THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED JUNE 21, 2023 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the Town Board does hereby authorize the approval request of George and Lori Mowry for property located at 3238 S. Cortland-Virgil Road in the Town of Cortlandville, for a 100% deferred loan for the 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21), and it is further RESOLVED, the work to be completed includes windows and doors, interior and exterior carpentry, flooring, masonry, and other (cellar posts), for a total cost of $21,737.80. RESOLUTION #206 AUTHORIZE RECREATION DIRECTOR, JOHN MCNERNEY TO HIRE PART-TIME SEASONAL EMPLOYEES FOR THE RECREATION DEPARTMENT FOR THE YEAR 2023 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 Recreation Director, John McNerney to hire the following part-time seasonal employees for the Recreation Department for the year 2023: Jacob Rivers $18.00 per hour Rec. Attendant Start date 03/20/2023 Lawrence Brady $17.50 per hour Rec. Attendant Start date 04/22/2023 Nate Johnson $17.50 per hour Rec. Attendant Start date 04/07/2023 Michael Lippert $17.50 per hour Rec. Attendant Start date 04/04/2023 Michael Krewson $25.00 per hour Rec. Attendant Start date 03/27/2023 Cam Woodard $17.00 per hour Rec. Attendant Start date 05/28/2023 Alexandra Stout $17.00 per hour Rec. Attendant Start date 04/15/2023 Ben Hay $17.50 per hour Rec. Attendant Start date 05/29/2023 Riley McEvoy $17.50 per hour Rec. Attendant Start date 05/28/2023 Michael Dorn $17.50 per hour Cleaner Start date 04/02/2023 John Klamm $17.50 per hour Cleaner Start date 04/24/2023 Jon Barnes $17.00 per hour Cleaner Start date 05/30/2023 Brittany Haviland $17.00 per hour Cleaner Start date 05/24/2023 RESOLUTION #207 ACKNOWLEDGE THE HIRING OF FOUR PART-TIME SUMMER LABORERS FOR THE TOWN HIGHWAY DEPARTMENT BY HIGHWAY SUPERINTENDENT, LARRY DRACH Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge the hiring of four part-time summer laborers for the Town Highway Department for the year 2023 by Highway Superintendent, Larry Drach as follows: Jadon Bassett $14.45 per hour Part-Time Summer Laborer Start date 6/20/2023 Blair Mulcahy $14.45 per hour Part-Time Summer Laborer Start date 6/21/2023 Riley Reed $14.45 per hour Part-Time Summer Laborer Start date 6/20/2023 Town Board Member Reports: Councilman Leach made the following comments for the record: “I wanted to speak regarding what I had mentioned at our last board meeting concerning food trucks and ice cream sales at Gutchess Sports Complex. As the Cortland Standard stated, my wife and I own Shipwreck Amusements, which we have owned now going on 6 years. Yes, we do also sell ice cream to our customers. However, my intention was not to protect our sales persay, but rather the overall interests of the other ice cream vendors and their sales in close proximity to the Sports Complex. In addition, I believe the food trucks licensed in the area should be under the JUNE 21, 2023 TOWN BOARD MEETING PAGE 8 supervision of the Town Board as I feel it is our responsibility to the taxpayers. Also, I am concerned for the established businesses whom pay taxes year round and to ensure they are being adequately represented. In the future, I intend to recuse myself when it involves any conflict of interest on my behalf.” Supervisor Williams reported: Supervisor Williams had two items that he requested the Board take action on. The first was to receive and file the monthly report of the Supervisor for the month of May 2023. The second item was a request from Highway Superintendent Drach to declare a 2003 Ford F-250 as surplus equipment and to authorize its sale using Auctions International. He expl ained that the cost of repairs to the truck would exceed the value. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the Monthly Report of the Supervisor for the month of May 2023. All voting aye, the motion was carried. RESOLUTION #208 DECLARE A 2003 FORD F-250 TRUCK AS SURPLUS EQUIPMENT AND AUTHORIZE HIGHWAY SUPERINTENDENT TO SELL THE VEHICLE USING AUCTIONS INTERNATIONAL Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby declare a 20 03 Ford F-250 truck, Vin #3FTNX21L73MB29957 as surplus equipment due to cost of repairs exceeding the value of the truck, and it is further RESOLVED, the Town Board does hereby authorize and direct Highway Superintendent Drach to sell the vehicle using Auctions International. At this time in the meeting, Supervisor Williams explained that the meeting would be recessed until Wednesday, June 28, 2023 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building. No further comments or discussion were heard. The meeting was recessed at 5:34 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 June 30, 2023. The final version of this meeting was approved as written at the Town Board meeting of .