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HomeMy WebLinkAbout07-09-2014!q JULY 09, 2014 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT DMK DEVELOPMENT — CORTLAND, LLC, APPLICANT JOANN CLOWSER, OR NYS ROUTE 13 TAX MAP #105.00-01-49.110 A Public Hearing was held by the Town Board of the Town of Cortlandville at the J.M. McDonald Center, Cortland, New York, concerning an application for an Aquifer Protection Permit submitted by DMK Development — Cortland, LLC, to demolish an existing abandoned house and barn and construct a 19,067 sq. ft. (+/-) agricultural product retail store with outdoor display building, for property owned by Joann Clowser, located at 706 Route 13, on the east side of NYS Route 13, immediately north of the southern intersection of Byrne Hollow Crossing and NYS Route 13, tax map #105.00-01-49.110. 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; Rod Ives from Napierala Consulting; Jackie Hartnett from Cornell Cooperative Extension; Mikayla MacNeill, 2nd Alternate NYS Dairy Princess; Esther Ripley, Cortland County Fair Queen; Barb Leach and her grandsons; News Reporters: Tyrone Heppard from the Cortland Standard, and 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. He indicated that the applicant was in attendance. Councilman Proud questioned whether the access road goes in on the property boundary. Rod Ives, from Napierala Consulting, explained that the contract was for the entire 78 acre parcel. The Tractor Supply store would be located in the northwest corner of the property. The access road would be a shared access drive. The rest of the partial extends to the southeast. According to the comments from the Planning Board and the NYS DOT there would be one driveway for the site, which was midpoint of the frontage along Route 13. There was potential to develop the 7 acres in front of the proposed building in the future. Access to the 7-acre lot would be from the same drive. No further comments or discussion were heard. The Public Hearing was closed at 5:07 p.m. 1 JULY 09, 2014 PUBLIC HEARING NO.2 5:07 P.M. qs LOCAL LAW OF 2014 SIGNFICANT INDUSTRIAL USERS, WATER RATES A Public Hearing was held by the Town Board of the Town of Cortlandville at the J.M. McDonald Center, Cortland, New York, concerning the enactment of a Local Law regulating Significant Industrial Users, water rates, in the Town of Cortlandville. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Rod Ives from Napierala Consulting for Tractor Supply; Jackie Hartnett from Cornell Cooperative Extension; Mikayla MacNeill, 2nd Alternate NYS Dairy Princess; Esther Ripley, Cortland County Fair Queen; Barb Leach and her grandsons; News Reporters: Tyrone Heppard from the Cortland Standard; and 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 5:08 p.m. 1 JULY 09, 2014 5:08 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at the J.M. McDonald Center, Cortland, 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; Rod Ives from Napierala Consulting for Tractor Supply; Jackie Hartnett from Cornell Cooperative Extension; Mikayla MacNeill, 2nd Alternate NYS Dairy Princess; Esther Ripley, Cortland County Fair Queen; Barb Leach and her grandsons; News Reporters: Tyrone Heppard from the Cortland Standard; and Sharon Stevans from Channel 2, Access TV. Supervisor Tupper called the meeting to order. He welcomed the 2nd Alternate NYS Dairy Princess and Cortland County Fair Queen to the meeting. He noted that the Cortland County Jr. Fair is the largest Jr. Fair in the State of New York. Councilman Leach made a motion, seconded by Councilman Rocco, to approve the Draft Town Board Minutes of June 4, 2014 as written. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Rocco, to approve the Draft Special Town Board Minutes of June 12, 2014 as written. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Rocco, to approve the Draft Town Board Minutes of June 18, 2014 as written. All voting aye, the motion was carried. RESOLUTION # 125 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0103 Motion by Councilman Leach Seconded by Councilman Rocco 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 #0103 submitted by Water & Sewer Sup't. Alteri to be paid to EMA Drives & Automation to purchase drives to upgrade the system at the Walden Oaks Water Booster Station, for the total cost of $3,599.00. Councilman Proud noted that there were actually 3 drives included in the upgrade. Once the drives are installed and the system is operational the Town would qualify for a NYSERDA rebate of up to $1,200 for each drive. RESOLUTION # 126 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0104 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 #0104 submitted by Water & Sewer Sup't. Alteri to be paid to N.Y.L.D. (New York Leak Detection) to conduct a leak survey of the Town's water system, for the total cost of $3,900.00. 1 1 LJ q7 JULY 09, 2014 TOWN BOARD MEETING PAGE 2 RESOLUTION # 127 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0105 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 #0105 submitted by Water & Sewer Sup't. Alteri to be paid to SCADATEK, Inc. for Phase I of the upgrade to the Town's SCADA System, which is responsible for the operation of Terrace Road well pumps and tank level monitoring, for the total cost of $7,490.00. RESOLUTION # 128 AUTHORIZE PAYMENT OF VOUCHERS - JULY Motion by Councilman Rocco Seconded by Councilman Leach 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 #655-725 General Fund A $ 31,471.57 General Fund B $ 3,725.48 Highway Fund DA $ 0.00 Highway Fund DB $ 66,107.94 Funds CD I, CD3, CD4 Voucher # 4-5 BMills Rehab CD $ 0.00 Town Wide Rehab CD3 $ 13,369.39 Business Devl CD4 $ 0.00 Fund HC, SS, SW Voucher #257-279 NYS Rt 13 Sewer Rehab HC $ 0.00 Sewer SS $ 3,514.69 Water SW $ 34,013.83 Funds SF, TA, TE Voucher #21-22 C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 35,715.33 Expendable Trust TE $ 0.00 Supervisor Tupper offered privilege of the floor to Darryl Hall, however he was not in attendance. No other requests were made. The monthly reports of the Code Enforcement Officer, Supervisor, Town Clerk, and Water & Sewer Department for the month of June 2014, and the 2nd Quarter 2014 Report of the Cortland County SPCA, were on the table for review and are filed in the Town Clerk's Office. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Time Warner Cable, dated July 2, 2014, regarding programming services. All voting aye, the motion was carried. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by DMK Development — Cortland, LLC, for property located off of NYS Route 13. JULY 09, 2014 TOWN BOARD MEETING PAGE 3 RESOLUTION # 129 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #4 OF 2014 SUBMITTED BY DMK DEVELOPMENT — CORTLAND, LLC FOR PROPERTY LOCATED OFF OF NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by DMK Development — Cortland, LLC to permit the demolition of an existing abandoned house and barn and the construction of a 19,067 sq. ft. (+/-) agricultural product retail store with outdoor display building, for property owned by Joann Clowser, located at 706 Route 13, on the east side of NYS Route 13, immediately north of the southern intersection of Byrne Hollow Crossing and NYS Route 13, tax map # 105.00-01-49.110, 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 DMK Development — Cortland, LLC, Aquifer Protection Permit #4 of 2014, shall have no significant environmental impact. RESOLUTION # 130 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #4 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 #4 of 2014, submitted by DMK Development — Cortland, LLC. RESOLUTION # 131 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2014 SUBMITTED BY DMK DEVELOPMENT — CORTLAND, LLC FOR PROPERTY LOCATED OFF OF NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman Testa 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 #4 of 2014, submitted by DMK Development — Cortland, LLC to permit the demolition of an existing abandoned house and barn and the construction of a 19,067 sq. ft. (+/-) agricultural product retail store with outdoor display building, for property owned by Joann Clowser, located at 706 Route 13, on the east side of NYS Route 13, immediately north of the southern intersection of Byrne Hollow Crossing and NYS Route 13, tax map #105.00-01-49.110, subject to conditions from the Town and County Planning Boards: pi JULY 09, 2014 TOWN BOARD MEETING PAGE 4 The applicant obtaining a permit and approval from the NYS Department of Transportation (DOT) for the proposed new driveway entrance on NYS Route 13. 2. Any proposed signage on site either conforming to the "Zoning Local Law of the Town of Cortlandville" or the applicant applying for and receiving a bulk variance. 3. Submittal of a list and quantity of proposed chemicals to the Town, and a plan of primary and secondary storage facilities for these chemicals. 4. That any fertilizers containing herbicides, pesticides, or fungicides be stored underneath some type of cover/overhang to prevent direct rainfall contact and any potential leachate from impacting the aquifer. 5. The applicant's submittal and the Town's acceptance of the Spill Response Plan and Spill Prevention, Control & Countermeasures Plan for the site addressing not only storage of pesticides/fertilizers in unopened containers, but also any regular use of pesticides/fertilizers on site and the capture and management of "wash off' from the outdoor storage area. 6. That there be no floor drains in the facility, other than within the restrooms. Any restroom floor drains must be connected to the facility's sewage disposal system. 7. 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. 8. The Stormwater Pollution Prevention Plan being approved for the site by the Town upon review by the County Soil and Water Conservation District. 9. The applicant filing 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 since this proposal involves the disturbance of at least one acre of land. 10. The Town consider requiring the applicant to design the proposed site to conform with the Town's Design and Development Guidelines including building placement and landscaping. 11. The Town consider the possibility of a future access road paralleling NYS Route 13 between Webb Road and South Cortland Virgil Road in the design of this development as referenced in the Town of Cortlandville/Virgil NYS Route 13 "Corridor Study Area -Proposed Access Road" presented to the Town by the NYS DOT, Central New York Regional Planning and Development Board, and County Planning Department in 2005. 12. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. There was discussion regarding a Local Law of 2014 for Significant Industrial Users, water rates. Attorney Folmer indicated that a SEQR form was not necessary, as all the local law would do is add a definition to the regulations. He explained that the definition of a "Significant Industrial User" is based on a determination in the EPA regulations, and has to do with the usage of water over a period of time monitored during a quarter. If one of the users exceeds the usage they would qualify for the rate that would be established for a Significant Industrial User. The Town's water rates can be changed by the Board pursuant to a provision in the Town Code. Councilman Rocco was concerned that using the word industrial could be confusing to many businesses who consider themselves an industry. He questioned whether a different word should be used on the water bill to avoid complaints from businesses who don't qualify for the industrial rate. Councilman Proud stated that the EPA definition of industrial is narrow; the user has to meet the requirements. He did not think that different wording was necessary. l ov JULY 09, 2014 TOWN BOARD MEETING PAGE 5 Attorney Folmer stated that there are only two industries in the Town right now that could qualify for the industrial rate: Pall Trinity and Byrne Dairy. He understood Councilman Rocco's concern, but clarified that other businesses are classified as a commercial entities under the codes the Town has in existence. There is a difference between the EPA definition of industry and the Webster's Dictionary definition. RESOLUTION # 132 ADOPT LOCAL LAW NO. 1 OF 2014 ENACTING THE REGULATION OF SIGNIFICANT INDUSTRIAL USERS, WATER RATES Motion by Councilman Proud Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law enacting the Regulation of Significant Industrial Users, Water Rates, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part . thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2014, amending Section 171-16 and adding Section 171-29 of the Code of the Town of Cortlandville, a copy of which is attached hereto and made part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Section 171-16 of the Code of the Town of Cortlandville is amended by adding the following in its alphabetical position: SIGNIFICANT INDUSTRIAL USER — Any non -governmental user as defined by the Environmental Protection Agency using publicly owned treatment works. Section 2. Section 171-29 is added to said Code to provide as follows: Any business wishing to be considered a Significant Industrial User shall: a. Complete an Industrial Water Rate application and submit the completed form and all required paper work to the Town of Cortlandville Water/Sewer Department. The Department's representative will review the application to insure that the facility meets the NACIS and EPA requirements for an industry. b. Once the application has been reviewed and approved, the consumption of the business will be monitored for one billing quarter (90 days), during which time the standard water rate will apply. If after such monitoring it has been demonstrated that /o/ JULY 09, 2014 TOWN BOARD MEETING PAGE 6 Section 3. the facility uses an average of 25,000 GPD, the industrial water rate will then be applied to the account for future billings. The Town will continue to monitor the account and if the average of 25,000 GPD is not maintained for two consecutive quarters the billing rate will return to the standard water rate and a new or amended application for recognition shall be required. This Local Law shall be effective upon filing with the Secretary of State as required by law. Attorney Folmer reported: Inter -Municipal Agreement for Sewer Inspection Camera: Attorney Folmer stated that the Town of Cortlandville, City of Cortland, Village of Homer, Village of Marathon and the Village of McGraw were in the process of entering into an agreement to jointly purchase and share a sewer inspection camera. The cost of the camera, including the operation and maintenance charges, would be shared by each municipality based on the miles of sewer within each municipality's jurisdiction. The Town would have to expend $24,069.00 from its Sewer Capital Reserve Fund to pay its pro rata share of the purchase price of the equipment. Attorney Folmer requested the Board authorize the expenditure, subject to permissive referendum. The inter -municipal agreement would be forthcoming. Supervisor Tupper explained that the joint purchase of the equipment would be beneficial for all municipalities involved, as the equipment is very expensive. He thanked Water & Sewer Sup't. Alteri and the others involved for working together. Councilman Proud explained that the equipment is used in emergencies but is also used for annual inspections. RESOLUTION # 133 AUTHORIZING THE EXPENDITURE OF $24,069.01 FROM THE SEWER CAPITAL RESERVE FUND TO PAY FOR THE PURCHASE OF ONE SEWER INSPECTION CAMERA SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED WHEREAS, the Town has agreed to enter into an agreement with the City of Cortland and the Villages of Homer, McGraw and Marathon, to purchase and maintain a sewer inspection camera, now therefore BE IT RESOLVED, that there be expended from the Sewer Capital Reserve Fund the sum of $24,069.00 to pay the Town's pro rata share of the purchase price of said equipment, and be it further RESOLVED, that this Resolution is adopted subject to Permissive Referendum as required by law. Town Personnel Policy — Vacation Days: Attorney Folmer reminded the Board that they recently adopted a change in the Town's Personnel Policy to establish a cap of vacation days at 50 days. An employee can accumulate a certain number of days per year, however when he/she reaches 50 days the vacation days stop. Unfortunately, between the time that the Board changed the policy and the time it became effective some employees had already accumulated a significant amount of vacation time. Attorney Folmer stated that the Board cannot take the vacation days away from them because it was accumulated under policies that existed prior to August 21, 2013. The Board authorized the payment of accumulated vacation time to another employee earlier in the year. Attorney Folmer suggested the Board amend the 2014 Budget to transfer funds, and to authorize payment of accumulated and unused vacation days to Water & Sewer Sup't. Alteri, and to Water & Sewer Department employee Jeffrey Maclean. taa JULY 09, 2014 TOWN BOARD MEETING PAGE 7 RESOLUTION # 134 AMEND THE 2014 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Proud Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer funds to adjust the accounts of the 2014 Budget for the Town of Cortlandville as follows: 1) SS — SEWER FUND: Transfer $7,017.40 FROM TO AMOUNT SS1990.4 SS8110.1 $ 5,000.00 SS8110.4 SS8110.1 $ 1,518.40 SS8110.4 SS9030.8 $ 499.00 TOTAL: $ 7,017.40 2) SW —WATER FUND: Transfer $5,185.64 FROM TO AMOUNT SW1990.4 SW8310.1 $ 4,816.64 SW1990.4 SW9030.8 $ 183.36 SW8310.4 SW9030.8 $ 185.64 TOTAL:. $ 5,185.64 AND IT IS FURTHER, RESOLVED, the 2014 Budget is hereby amended. RESOLUTION # 135 AUTHORIZE COMPENSATION FOR ACCUMULATED UNUSED AND UNPAID VACATION DAYS TO WATER & SEWER SUP'T. PETER ALTERL JR. Motion by Councilman Proud Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED WHEREAS, the Town Board recognizes that Water & Sewer Sup.t, Peter Alteri, Jr. in his capacity as an employee in the Water & Sewer Department has, over his years of service accumulated unused and unpaid vacation days for which he has asked to be compensated; and WHEREAS, the accumulation of said unused and unpaid vacation days were accumulated prior to August 21, 2013, pursuant to Personnel Policies no longer in effect; and WHEREAS, the Board wishes to compensate Peter Alteri, Jr. for such accumulated time and bring him in compliance with current Personnel Policies and insure that his benefits in the future are calculated in accordance with present and future policies as they relate to accumulation of vacation time, including but not limited to, a cap on accumulation of vacation days; now therefore BE IT RESOLVED, that the Board authorizes and directs that Peter Alteri, Jr. be compensated in the amount of $6,518.40, contingent upon his written consent and agreement that such compensation makes his individual entitlement current and agreement that present and future Personnel Policies are applicable to his individual terms of employment. /v3 JULY 09, 2014 TOWN BOARD MEETING PAGE 8 RESOLUTION # 136 AUTHORIZE COMPENSATION FOR ACCUMULATED UNUSED AND UNPAID VACATION DAYS TO WATER & SEWER DEPARTMENT EMPLOYEE JEFFREY MACLEAN Motion by Councilman Proud Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED WHEREAS, the Town Board recognizes that Jeffrey Maclean in his capacity as an employee in the Water & Sewer Department has, over his years of service accumulated unused and unpaid vacation days for which he has asked to be compensated; and WHEREAS, the accumulation of said unused and unpaid vacation days were accumulated prior to August 21, 2013, pursuant to Personnel Policies no longer in effect; and WHEREAS, the Board wishes to compensate Jeffrey Maclean for such accumulated time and bring him in compliance with current Personnel Policies and insure that his benefits in the future are calculated in accordance with present and future policies as they relate to accumulation of vacation time, including but not limited to, a cap on accumulation of vacation days; now therefore BE IT RESOLVED, that the Board authorizes and directs that Jeffrey Maclean be compensated in the amount of $4,816.64, contingent upon his written consent and agreement that such compensation makes his individual entitlement current and agreement that present and future Personnel Policies are applicable to his individual terms of employment. Councilman Rocco announced that he audited the Supervisor's records for the year 2013 and found everything to be in order. He mentioned that he was very pleased that the Town of Cortlandville conducts and independent audit annually. Renaissance Development — Waiver: Attorney Folmer apprised the Board that a purchase contract was entered into for the sale of a lot located on Cosmos Hill Road, owned by Katherine Wickwire. Although the lot faces Cosmos Hill Road it is a part of the Renaissance Subdivision, and is therefore subject to the various restrictions in the subdivision. In this case, the purchaser plans to build a smaller home with less than the required square footage above the basement level. The basement will be finished, however it is not included in the total square footage of the home. Since the Town of Cortlandville owns parcels within the Renaissance Development, the Town must consent to this waiver. The waiver would not be effective unless all of the property owners agree to it as well. RESOLUTION # 137 AUTHORIZE SUPERVISOR TO SIGN A WAIVER CONSENTING TO THE CONSTRUCTION OF A NEW HOME WITHIN THE RENAISSANCE DEVELOPMENT OUTSIDE THE RESTRICTED REQUIREMENTS Motion by Councilman Testa Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Proud, Leach NAY — 0 ABSTAIN - Rocco ADOPTED WHEREAS, the Town of Cortlandville has an interest in the Renaissance Development as an owner of several parcels within this development, and WHEREAS, the Renaissance Development has certain restrictions for development, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign a waiver consenting to the construction of a new home within the Renaissance Development outside the restricted requirements, for property located on Cosmos Hill Road, tax map #76.13- 01-04.000. lbq JULY 09, 2014 TOWN BOARD MEETING PAGE 9 Fer-Cor Drive — Permanent Turn -Around: Attorney Folmer recalled that the Town has been in discussion with the County regarding swapping land on Fer-Cor Drive and the creation of a permanent easement for a turn -around. Attorney Folmer was in receipt of the transfer document and the easement document from the County. He suggested the Board authorize the Supervisor to sign the documents subject to final approval by himself and Highway Sup't. Bush. Councilman Rocco stated that he would like to review the documents as well before authorizing the transfer. Attorney Folmer would make the documents available to the Board for their review. RESOLUTION # 138 AMEND THE 2014 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Leach 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 transfer funds to adjust the accounts of the 2014 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A: Transfer $2,500.00 FROM TO AMOUNT A1990.4 A1410.4 $ 1,500.00 A1990.4 A1330.4 $ 1,000.00 TOTAL: $ 2,500.00 AND IT IS FURTHER, RESOLVED, the 2014 Budget is hereby amended. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortland County Planning Department recommendations, dated June 13, 2014, regarding the Aquifer Protection Permit application of Clearmideo, LLC, for property located off of NYS Route 13, tax map #105.08-01-14.000. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file Cortland County Planning Board Resolution #14-20, dated June 18, 2014, regarding the Aquifer Protection Permit application of DMK Development, for property located off of NYS Route 13, tax map #105.00-01-49.110. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Patrick Reidy, Cortland County Soil & Water Conservation District, dated June 23, 2014, regarding the proposed Clearmideo Gas Station, for property located off of NYS Route 13, tax map #105.08-01-14.000. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from NYS Homes & Community Renewal, dated June 18, 2014, and the fully Executed Grant Agreement for the New York State Community Development Block Grant Town -Wide Housing Rehabilitation Project. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from NYS Homes & Community Renewal, dated June 23, 2014, regarding the Approval of Request for Release of Funds for the New York State Community Development Block Grant Town -Wide Housing Rehabilitation Project. All voting aye, the motion was carried. !oS JULY 09, 2014 TOWN BOARD MEETING PAGE 10 Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from NYS Homes & Community Renewal, dated June 27, 2014, regarding the Request for Project Status Report for the New York State Community Development Block Grant Town -Wide Housing Rehabilitation Project. All voting aye, the motion was carried. RESOLUTION # 139 ACCEPT REVISED FORM E — RURAL DEVELOPMENT (RD) PROJECT BUDGET/COST CERTIFICATION FOR THE NYS ROUTE 13 SANITARY TRUNK SEWER REHABILITATION PROJECT Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Revised Form E — Rural Development (RD) Project Budget/Cost Certification, dated June 30, 2014, regarding the NYS Route 13 Sanitary Trunk Sewer Rehabilitation Project, in the amount of $3,155,568.00, is hereby accepted and shall be received and filed. RESOLUTION # 140 AUTHORIZE TOWN SUPERVISOR TO SIGN THE "NOTICE OF AWARD" FOR THE NYS ROUTE 13 SANITARY TRUNK SEWER REHABILITATION PROJECT TO VACRI CONSTRUCTION CORPORATION Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Supervisor is hereby authorized and directed to sign the "Notice of Award" to Vacri Construction Corporation of One Brick Avenue, Binghamton, New York, dated June 19, 2014, for the NYS Route 13 Sanitary Trunk Sewer Rehabilitation Project for the 1 G — General Construction, Total Base Bid and Alternate #2 in the amount of $2,198,000.00. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from NYS Homes & Community Renewal, dated June 27, 2014, regarding the Request for Project Status Report for the New York State Community Development Block Grant for Precision E-Forming. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from NYS Homes & Community Renewal, dated June 27, 2014, regarding the Request for Project Status Report for the New York State Community Development Block Grant for Byrne Dairy, LLC. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from NYS Homes & Community Renewal, dated June 27, 2014, regarding the Request for Project Status Report for the New York State Community Development Block Grant for Innovative Manufacturing Solutions, Inc. (IMS). All voting aye, the motion was carried. Supervisor Tupper mentioned that the Town of Cortlandville employees received the Gold Award from the United Way of Cortland County, for being the top public employee group for the United Way's 2014 campaign. / v& JULY 09, 2014 TOWN BOARD MEETING PAGE 11 Councilman Rocco recalled that at the last Town Board meeting there was discussion regarding a problem with a stream flooding in Blodgett Mills, and that the Town cannot perform work on private property per the State Constitution. He apprised the Board that he spoke with Mike Ryan from the County Health Department who indicated that money is available to assist people with flooding problems. Councilman Rocco had an appointment to meet with Mr. Ryan next week and would keep the Board apprised of what he learned. Councilman Leach apprised the Board he made his third email attempt to the NY Susquehanna West Railroad concerning the railroad crossing in Blodgett Mills. He would try to contact the railroad by phone. Councilman Leach mentioned that he spoke with the person in charge of the solar panels at SUNY Cortland. Councilman Leach suggested the Board invite him to the August 6, 2014 meeting to give a short presentation on the solar panels and how they affect the university. The Board agreed to the invitation and presentation. Councilman Leach introduced Jackie Hartnett from Cortland County 4-H and asked her to introduce her guests. Mrs. Hartnett introduced Mikayla MacNeill, 2nd Alternate for NYS Dairy Princess, and Esther Ripley, 2014 Cortland County Fair Queen. Councilman Rocco questioned what Miss MacNeill and Miss Ripley planned to do in the future. Mikayla MacNeill, who was also the 2013 Cortland County Fair Queen, explained that she ran for NYS Dairy Princess and placed in the top three out of the 27 girls that ran. In order to continue her role as 2nd Alternate, which runs through February 2015, she delayed enrollment in Virginia Tech until fall 2015. She would be studying agricultural education and extensions, with a dual -major in dairy science. Esther Ripley explained that she lives and helps on a dairy farm. She recently graduated from high school and would be attending Pensacola Christian Academy in Florida in the fall for youth ministries, with an interest in physical education. Councilman Leach mentioned that his daughter Andrea is a former Cortland County Fair Queen and is still involved with dairy promotion. He stated that 4-H is a great program. 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, 44-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 31, 2014. The draft version of this meeting was approved as written at the Town Board meeting of August 6, 2014.