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HomeMy WebLinkAbout06-18-2014JUNE 18, 2014 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT PYROTEK, INC., OWNER WATSON ENGINEERING, APPLICANT NYS ROUTE 13 TAX MAP #105.00-03-14.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Blodgett Mills Independent Baptist Church, Blodgett Mills, New York, concerning an application for an Aquifer Protection Permit submitted by Watson Engineering for Pyrotek, Inc. to construct a 39,000 sq. ft. building for use as a storage facility for non-combustible material, for property located on the west side of NYS Route 13, immediately north of the southern intersection of Byrne Hollow Crossing and NYS Route 13, tax map #105.00-03-14.000. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Ken and Dee Ettenberger; Jim and Lydia Ferro; Anna -Mae Artim; Show -Chen Huang; Marilee Comerford; Lynne Meredith Corey; Barbara Parker; Donna Atkins; Shirley Breed; Donna and Alex Fumarola; Pat and Bill Geis; Barb Leach; Dale and Barb Weaver; Ronald Angell; Erin Watson; Robert Orleski; Mike Najur; Levi and Danny Niggli; James Bulger; News Reporters: Tyrone Heppard from the Cortland Standard; Sharon Stevans from 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 discussion were heard. The Public Hearing was closed at 5:02 p.m. 11 JUNE 18, 2014 5:02 P.M. � TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Blodgett Mills Independent Baptist Church, in Blodgett Mills, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Ken and Dee Ettenberger; Jim and Lydia Ferro; Anna -Mae Artim; Show -Chen Huang; Marilee Comerford; Lynne Meredith Corey; Barbara Parker; Donna Atkins; Shirley Breed; Donna and Alex Fumarola; Pat and Bill Geis; Barb Leach; Dale and Barb Weaver; Ronald Angell; Erin Watson; Robert Orleski; Mike, Levi and Danny Najur; James Bulger; News Reporters: Tyrone Heppard from the Cortland Standard, Sharon Stevans from Channel 2, Access TV. Supervisor Tupper called the meeting to order. RESOLUTION # 108 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER 40101 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0101 submitted by Water & Sewer Sup't. Alteri to be paid to Aftermarket Effects, LLC for the purchase of two truck caps for the Water & Sewer Department's two new pickup trucks, for the total cost of $2,479.90. RESOLUTION # 109 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0102 Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0102 submitted by Water & Sewer Sup't. Alteri to be paid to Kinsley Power Systems for the purchase of a backup generator for the Terrace Road Pump Station, for the total cost of $24,038.00. RESOLUTION # 110 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1225 Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order 41225 submitted by Highway Sup't. Bush to be paid to Stadium International for the purchase of a turbo charger for truck #11, for the total cost of $2,821.50. 1 1 1 JUNE 18, 2014 TOWN BOARD MEETING PAGE 2 RESOLUTION # 111 AUTHORIZE PAYMENT OF VOUCHERS - JUNE Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, 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 #599-654 General Fund A $ 21,021.77 General Fund B $ 7,577.43 Highway Fund DA $ 0.00 Highway Fund DB $ 47,021.65 Funds CD I, CD3, CD4 Voucher # (none) BMills Rehab CD $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Fund HC, SS, SW Voucher #239-256 NYS Rt 13 Sewer Rehab HC $ 2,504.00 Sewer SS $ 8,267.04 Water SW $ 5,463.79 Funds SF, TA, TE Voucher #18-20 C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 36,312.76 Expendable Trust TE $ 0.00 Supervisor Tupper moved to agenda item H-1 under old business, to receive and file comments regarding the request made by Gutchess Lumber Co., Inc. for a Zoning Map Amendment. Councilman Testa commented that he reviewed the correspondence regarding Gutchess Lumber's proposed Zone Change request. He stated that there was a lot of concern from the public and that he was concerned as well. Supervisor Tupper stated that the Board read the comments submitted and there were a lot of valid points, as well as some duplicate comments. Councilman Rocco thanked everyone for submitting comments and for calling the councilmen as well. He and Councilman Proud took a tour of the property in question on Tuesday, June 17, 2014. A lot of the questions they had were answered both visually and orally. Supervisor Tupper stated that the correspondence would become part of the official record. Attorney Folmer suggested that the names and dates of the correspondence be included in the minutes. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the following comments regarding the request made by Gutchess Lumber Co., Inc. for a Zoning Map Amendment: a) Valarie Ferro, received June 4, 2014; b) Ter-Jenq Huang, received June 4, 2014; c) Ter-Jeng Huang, received June 6, 2014; d) James & Lydia Ferro, received June 4, 2014; e) Barbara Hilsinger, received June 5, 2014; fl Anna -Mae Artim, received June 6, 2014; g) Pauline and Kenneth Ettenberger, received June 10, 2014; h) Susan J. Fitts, received June 10, 2014; i) Justine Butler, received June 10, 2014; j) Raphael Stark, received June 10, 2014; k) William Locke, received June 11, 2014; 1) Thomas Dovi, received June 11, 2014; m) Gary Gutchess, received June 12, 2014; n) Bruce Buchanan, received June 13, 2014; o) Terri Maxson, received June 13, 2014; p) Marilee Comeford, received June 13, 2014; q) Lydia Ferro, received June 13, 2014; r) Petitions Opposing Gutchess Lumber Zoning Map Amendment, received June 13, 2014; s) Lynne Meredith Corey, received June 13, 2014. All voting aye, the motion was carried. Supervisor Tupper moved to agenda item H-2 to discuss the Zone Change request made by Gutchess Lumber. Councilman Proud mentioned that he just took his second tour of the Gutchess property with Councilman Rocco. The applicant was requesting a zone change, which the DEC refers to as a Type 1 action under SEQR, an action that requires a lot of attention. Councilman Proud mentioned that he used to work for the DEC but he did not work with SEQR. 0 JUNE 18, 2014 TOWN BOARD MEETING PAGE 3 Councilman Proud stated that under the SEQR regulations there was a list of items that define an action as a Type 1 action, which includes a zone change over 25 acres and requires an environmental assessment form (EAF). In the past, the Town Board has done many environmental assessments with a short form. In this case a long form EAF must be completed by the applicant; it is not the Town Board's responsibility. When the long form EAF is completed by the applicant it would be submitted to the Town for review. Councilman Proud did not believe that the Board members had the experience to review the long form EAF and stated that the Town would have to hire a consultant to review the application. Attorney Folmer explained that SEQRA means the State Environmental Quality Review Act. He suggested the Board declare itself the Lead Agency for the project with regard to SEQR, because the Board would make the final approval as to whether or not the Town's zoning law would be changed or not. The Board should also have the applicant complete a long form EAF, which deals with issues such as traffic, noise, odor, etcetera. The Board should then confirm that it will hire its consultant to review the long form EAF, and to make recommendations with regard to what action the Board should take regarding the responses that the applicant has made. Attorney Folmer referred to the long form EAF. Part I, which answers a series of questions, would be prepared by the applicant. With the consultants help, the Board would review Part II about the impact of the project. Every time the Board answers that there would be a severe impact on the environment, they must proceed to Part III to explain why the determination was made and what mitigation could be put into place. Attorney Folmer stated that in the County Planning Board's report there is reference to a short form EAF, which was submitted by the applicant to the County Planning Board. Town Clerk Snyder attempted to obtain a copy of the short form EAF from the County Planning Board this afternoon, but was unable to do so by the time of the meeting. The County Planning Board recommended the Town complete a long form EAF, which was consistent with what Councilman Proud suggested. Attorney Folmer commented that SEQRA is not a determination process. It does not decide whether an action is granted or denied. What it does is force the Town to examine in significant detail whatever environmental impacts there might be as the result of the request the Board has been given. He stated that many people believe that a SEQRA determination determines the issue, which is not the case. Attorney Folmer apprised the Board he took a closer look at the County Planning Board's report, in which they recommended unanimously that the matter be approved. Considering the comments that the Town received, it occurred to him that the County Planning Board looked at the application as if to say "the mere fact that you change the zone does not accomplish much"; the only time you begin to feel impact is when someone wants to make use of the land. The long form EAF specifically identifies many of the concerns that have been addressed in the comments made. He hoped that all of the comments that were received would be provided to the Town's consultant. RESOLUTION # 112 DECLARE TOWN BOARD AS LEAD AGENCY WITH REGARD TO THE ADOPTION OF A LOCAL LAW FOR THE YEAR 2014 WHICH WOULD AMEND THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE SUBMITTED BY GUTCHESS LUMBER CO., INC. Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby declare itself Lead Agency for SEQRA purposes with regard to the adoption of a Local Law for the year 2014, which would amend the Zoning Law and Map of the Town of Cortlandville, submitted by Gutchess Lumber Co. Inc. 0 JUNE 18, 2014 TOWN BOARD MEETING PAGE 4 RESOLUTION # 113 REQUEST APPLICANT, GUTCHESS LUMBER CO., INC. SUBMIT A FULL ENVIRONMENTAL ASSESSMENT FORM (EAF) Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby request the applicant, Gutchess Lumber Co. Inc. submit a Full Environmental Assessment Form (EAF) with regard the adoption of a Local Law for the year 2014, which would amend the Zoning Law and Map of the Town of Cortlandville. RESOLUTION # 114 AUTHORIZE SUPERVISOR TO SOLICIT CONSULTANTS FOR THE REVIEW OF A FULL ENVIRONMENTAL ASSESSMENT FORM (EAF) TO BE SUBMITTED BY GUTCHESS LUMBER CO.. INC. Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to solicit consultants to review a Full Environmental Assessment Form to be submitted by Gutchess Lumber Co., Inc. regarding the adoption of a Local Law for the year 2014, which would amend the Zoning Law and Map of the Town of Cortlandville. Supervisor Tupper indicated that the issue sits until the Board receives the EAF. Attorney Folmer noted the items that a long form EAF deals with: planning and zoning actions; adopted land use plans; zoning; proposed or potential development; project operations; protected species; land uses on and surrounding the project site; potential resources on or near the project site; designated public resources on or near the project site; and additional requirements with regard to archaeological or historic sites as well as nature sites and endangered species. Attorney Folmer stated that it was a comprehensive form that was recently revised. Supervisor Tupper stated that the public comments did not go in vain. He stated that there were a lot of rumors and misconceptions going around. He stated that the Board understands and listens to the public, and appreciated everyone who attended the meeting tonight. Councilman Proud suggested the public look at the DEC's website and search SEQRA for more information. Meredith Corey, who resides on Bowling Green, questioned what parcels were involved in the zone change request. Supervisor Tupper indicated that Gutchess Lumber has owned property adjacent to them since 1973 for future expansion. The company was now asking the Town to change the zoning. He explained the locations of the parcels included in the request, which are located on Route 281, McLean Road and Stupke Road, and noted that none of the parcels included residential homes. Supervisor Tupper referred to the Town Zoning Map and pointed out that property was zoned Industrial in the surrounding area — from Pall Trinity on Route 281 to the former Borg Warner building located on Luker Road. He stated that it would be much less expensive to expand the company on property they already own versus moving the operation. He mentioned that Gutchess Lumber has significant holdings in Pennsylvania. Town resident, Lydia Ferro commented that she agrees with the business existing and that it is beneficial to the area, however she asked the Board to remember that a lot of people live in the area. She was concerned that a zone change to Industrial (I-2) would infringe on the residents. She stated that "making this an industrial area with no projection into the future will affect all of us." �D JUNE 1 E, 2014 TOWN BOARD MEETING PAGE 5 An unknown resident questioned whether one of the parcels included in the request was the corn field behind the residences on McLean Road. She was shocked with how close the property was to the residences. Supervisor Tupper noted that the parcel she was referring to was included in the zone change request. Supervisor Tupper offered privilege of the floor to Shirley Breed. Shirley Breed informed the Board she was very upset about the creek that runs through the backyard of her property located in Blodgett Mills next to the Blodgett Mills Park, and flooding problems. Supervisor Tupper informed Mrs. Breed that state law prohibits the Town from performing work on private property. Attorney Folmer explained that there is a constitutional provision that the Town may not work on private property. He stated that he would discuss her concern with Highway Sup't. Bush and that one of them would be in contact with her. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Watson Engineering for Pyrotek, Inc., for property located off of NYS Route 13. RESOLUTION # 115 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #3 OF 2014 SUBMITTED BY WATSON ENGINEERING FOR PYROTEK, INC. FOR PROPERTY LOCATED OFF OF NYS ROUTE 13 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Watson Engineering for Pyrotek, Inc. to permit the construction of a 39,000 sq. ft. building for use as a storage facility for non-combustible material, for property located on the west side of NYS Route 13, immediately north of the southern intersection of Byrne Hollow Crossing and NYS Route 13, tax map #105.00- 03-14.000, 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 Watson Engineering for Pyrotek, Inc., Aquifer Protection Permit #3 of 2014, shall have no significant environmental impact. RESOLUTION # 116 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT 43 OF 2014 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #3 of 2014, submitted by Watson Engineering for Pyrotek, Inc. M JUNE 18, 2014 TOWN BOARD MEETING PAGE 6 Attorney Folmer suggested that if the Board approved the Aquifer Protection Permit that they do so subject to the Town and County Planning Board recommendations. The Town Planning Board had two issues that were reflected in their May 27, 2014 minutes. The first issue was regarding the color of the siding of the building, which Attorney Folmer thought had been resolved. The second issue was regarding the approval of the Stormwater Pollution Prevention Plan (SWPPP), which was completed and submitted to the Cortland County Soil & Water Conservation District, but had not been approved by the Town. Approval of the SWPPP by the Town was also included in the conditions from the County Planning Board. The Town Planning Board was not scheduled to meet again until June 24, 2014. RESOLUTION # 117 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2014 SUBMITTED BY WATSON ENGINEERING FOR PYROTEK, INC. FOR PROPERTY LOCATED OFF OF NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, 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, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2014, submitted by Watson Engineering for Pyrotek, Inc., permitting the construction of a 39,000 sq. ft. building for use as a storage facility for non-combustible material, for property located on the west side of NYS Route 13, immediately north of the southern intersection of Byrne Hollow Crossing and NYS Route 13, tax map #105.00-03-14.000, subject to conditions from the Town and County Planning Boards: 1. That there be no floor drains in the facility, other than within the restrooms and mechanical room. Any floor drains must be connected to the facility's sewage disposal system. 2. The applicant obtaining approval of the public water and sewer connections, including the installation of a backflow prevention device for the public water connection, from the County Health Department and Town. 3. The applicant filing a Notice of Intent with the NYS Department of Environmental Conservation (DEC) per the NYS Phase II stormwater regulations in addition to the preparation of a stormwater pollution prevention plan for the site since this proposal involves the disturbance of more than one acre of land. 4. The Stormwater Pollution Prevention Plan being approved for the site by the Town per the Town's stormwater ordinance. 5. The Town consider requiring the applicant to design the proposed building to conform with the Town's Design and Development Guidelines. 6. Compliance with SEQR requirements. 7. Town Planning Board reserves final approval of the color of the siding for the building. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. qd JUNE 18, 2014 TOWN BOARD MEETING PAGE 7 made. Supervisor Tupper offered privilege of the floor to those in attendance. No requests were Councilman Rocco stated that he would like to see the Town help Mrs. Breed with her flooding problems involving the creek that runs through her property. He requested Attorney Folmer research what the Town could do that would not be against the law or put the Town at risk. Councilman Testa indicated that the Town has received 9 other requests regarding the same issue. Attorney Folmer stated that if the work to be done on Mrs. Breed's property and the other 9 properties involve working on private property, that the Town would be doing so against state law. Councilman Proud stated that he was not in favor of any illegal action by the Town. Councilman Rocco stated that he would like to know if there were any alternatives available that would not put the Town at risk. He requested a copy of the current law. Attorney Folmer would provide the Board with the requested information. The monthly reports of the Town Justices for the month of May 2014 were on the table for review and are filed in the Town Clerk's Office. RESOLUTION # 118 ACCEPT 2014 TAX COLLECTOR'S SUMMARY Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the 2014 Tax Collector's Summary is hereby accepted and shall be received and filed. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Time Warner Cable, dated June 18, 2014, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk Snyder apprised the Board she received a Notice of Appearance regarding the bankruptcy proceedings of UC Cortland Housing, LLC. The Town of Sweden, who was named in the Notice, now had an attorney who would be representing them. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Attorney James D. Bell, dated June 6, 2014, and the Notice of Appearance and Waiver in Foreclosure on behalf of the Town of Sweden, in the matter of General Electric Capital Corporation vs. UC Cortland Housing, LLC et al. All voting aye, the motion was carried. There was a brief discussion regarding the award of the Program Delivery and Administrative Services for the 2013 CDBG Town -Wide Housing Rehabilitation. Attorney Folmer explained that the Town received two RFP's from Thoma Development Consultants and Ken Jackson of Kenday Management Systems. In the Town's request there was a great deal of information regarding the steps that a successful bidder would take, including monitoring and arranging for mortgaging and inspections, selection of contractors, etcetera. None of which was included in the proposed submission from Mr. Jackson. Based on his and Town Clerk Snyder's review, Attorney Folmer stated that Thoma Development Consultants submitted the only responsive bid. 1 1 1 qt JUNE 18, 2014 TOWN BOARD MEETING PAGE 8 RESOLUTION # 119 AWARD BID TO THOMA DEVELOPMENT CONSULTANTS FOR PROGRAM DELIVERY AND ADMINISTRATIVE SERVICES FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT — TOWN -WIDE HOUSING REHABILITATION Motion by Councilman Testa Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED WHEREAS, a Request for Proposal was advertised for the program delivery and administrative services for the 2013 Community Development Block Grant — Town -Wide Housing Rehabilitation, and WHEREAS, sealed bids were opened by the Town Clerk on June 2, 2014 at 12:00 p.m. as follows: Thoma Development Consultants $69,000.00 34 Tompkins Street Cortland, NY 13045 Kenday Management Systems $ 7, 100.00 105 Rann Ave. Syracuse, NY 13204 BE IT RESOLVED, the bid as recommended is hereby awarded to Thoma Development Consultants of Cortland, New York, the only responsive bid, in the amount of $69,000.00. Attorney Folmer reported: Home Rule Request: Attorney Folmer apprised the Board the Town's Home Rule Request passed the State Senate on June 17, 2014. The State Assembly referred the Bill to the Ways and Means Committee, but had not yet passed the Bill. Closing of Budget Inn Motel: Attorney Folmer apprised the Board that according to an article in the Cortland Standard the Budget Inn, located on Route 11 in the Town of Cortlandville and Village of Homer, would be closing as of July 1, 2014. Assistant CEO Desiree Campbell made a comment to the newspaper concerning the reasons for the closure. A number of issues that were not able to be resolved led to the conclusion to close by the owners. Local Law for Significant Industrial Users Water Rates: Attorney Folmer apprised the Board that Councilman Proud and Water & Sewer Sup't. Alteri requested he prepare a proposed Local Law for Significant Industrial Users Water Rates, a copy of which he provided to the Board. He pointed out a typographical error in the last paragraph. The word "One" should read "Once". Attorney Folmer explained that the proposed Local Law created a definition for Significant Industrial Users, and discusses a process by which an industry can make application to be treated as such. The industry would be monitored quarterly to be sure they are using 25,000 gallons of water per day. Attorney Folmer suggested the Board schedule a public hearing for the proposed Local Law. �a JUNE 18, 2014 TOWN BOARD MEETING PAGE 9 RESOLUTION # 120 SCHEDULE PUBLIC HEARING FOR A LOCAL LAW OF 2014 - SIGNIFICANT INDUSTRIAL USERS, WATER RATES Motion by Councilman Leach Seconded by Councilman Rocco VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 9, 2014 at 5:00 p.m. at the J.M. McDonald Center, Cortland, New York concerning a Local Law of 2014 - Significant Industrial Users, water rates. RESOLUTION # 121 AUTHORIZE APPROVAL REQUEST OF CARA CUMMINS FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Cara Cummins, for property located at 7 Ok Street in the Town of Cortlandville, for a 100% deferred loan for the 2013 Community Development Block Grant Town -Wide Housing Rehabilitation Program, and it is further RESOLVED, the work to be completed would include roofing, for a total of $8,950.00. RESOLUTION # 122 AUTHORIZE APPROVAL REQUEST OF STACY CRANDALL FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Stacy Crandall for property located at 1280 Fisher Avenue in the Town of Cortlandville, for a 100% deferred loan for the 2013 Community Development Block Grant Town -Wide Housing Rehabilitation Program, and it is further RESOLVED, the work to be completed would include roofing, electric, plumbing, exterior carpentry, interior carpentry and flooring, for a total of $25,000.00. RESOLUTION # 123 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY DMK DEVELOPMENT - CORTLAND, LLC (TRACTOR SUPPLY) FOR PROPERTY LOCATED OFF OF ROUTE 13 Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 9, 2014 at 5:00 p.m., or as soon thereafter, at the J.M. McDonald Center, Cortland, New York, for the Aquifer Protection Permit application submitted by DMK Development - Cortland, LLC (Tractor Supply), for property owned by Joann Clowser, located off of Route 13, tax map #105.00-01-49.110. ELM JUNE 18, 2014 TOWN BOARD MEETING PAGE 10 Councilman Leach apprised the Board that the Cortland County Fair Board would like Fairground Drive and Carroll Street closed from July 8, 2014 thru July 12, 2014 as they have requested in the past. RESOLUTION # 124 AUTHORIZE "TEMPORARY CLOSURE" OF A SECTION OF FAIRGROUND DRIVE AND CARROLL STREET FOR THE CORTLAND COUNTY FAIR SUBJECT TO APPROVAL FROM THE TOWN HIGHWAY SUP'T. Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED WHEREAS, the Town received a request from the Cortland County Fair Board to authorize a "Temporary Closure" of a section of Fairground Drive and Carroll Street during the 2014 Cortland County Fair, and WHEREAS, the temporary closure will not prohibit emergency vehicles access to Fairground Drive or Carroll Street, therefore BE IT RESOLVED, the Town Board does hereby authorize a "Temporary Closure" on a portion of Fairground Drive and Carroll Street, being the "corner" where the two roadways connect, from July 8, 2014 through July 12, 2014 for the 2014 Cortland County Fair, subject to approval from the Town Highway Sup't, and it is further RESOLVED, signage for the temporary closure shall be provided by the Cortland County Fair Board. Councilman Leach introduced his two grandsons, Levi and Danny Niggli to those in attendance. 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 5:55 p.m. Respectfully submitted, WM A -e -;D e�;? 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 July 3, 2014. The draft version of this meeting was approved as written at the Town Board meeting of July 9.2014