HomeMy WebLinkAbout07-21-20101o5-
JULY 21, 2010
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
SHIPWRECK GOLF & CONES
STEPHEN & PATRICIA JORDAN
NYS ROUTE 13
TAX MAP #105.00-03-07.000
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, concerning
an application for an Aquifer Protection Permit, permitting the enclosure of an existing miniature
golf course (Shipwreck Golf and Cones) with a building and to pave the existing gravel parking
area, for property owned by Stephen & Patricia Jordan, located on the west side of NYS Route 13,
approximately 750 ft. south of South Cortland Virgil Road, tax map #105.00-03-07.000.
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; Town Highway Sup't. Carl Bush;
Desiree Campell, Assistant Code Enforcement Officer; Representatives for Wal-Mart
Supercenter: Attorney, Kelly Pronti, Harter Secrest & Emery, and Todd Markevicz, APD
Engineering; Stephen Jordan; Candy and Bob Stevens; News Reporters: Holden Slattery from
the Cortland Standard, and Sharon Stevans for 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.
Attorney Folmer noted that the applicant, Stephen Jordan was in attendance.
No further comments or discussions were heard.
The Public Hearing was closed at 5:03 p.m.
a_ of
JULY 21, 2010
5:03 P.M.
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 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; Town Highway Sup't. Carl Bush;
Desiree Campell, Assistant Code Enforcement Officer; Representatives for Wal-Mart
Supercenter: Attorney, Kelly Pronti, Harter Secrest & Emery, and Todd Markevicz, APD
Engineering; Stephen Jordan; Candy and Bob Stevens; News Reporters: Holden Slattery from
the Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of July 7, 2010 were presented to the Board for their
review.
RESOLUTION #121 AUTHORIZE PAYMENT OF VOUCHERS - JULY
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A Vouchers #384 - 419
$107,233.74
General Fund B B83 71393
$
53,452.58
Highway Fund DB D260 - D276
$
25,739.59
Trust & Agency T20 - T22
$
23,431.83
Water Fund W151 - W162
$
37,504.21
Sewer Fund S74 - S77
$
20,555.80
Capital Project H94 - H103
$
12,753.96
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Fire District Annual Financial Report for the years 2008 and 2009. All voting aye,
the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach to receive and file the
newspaper article written by John Stith for The Post Standard (Syracuse, New York), dated July
16, 2010, "Skaneateles approves six-month ban on hydrofracking." All voting aye, the motion
was carried.
Under communications, Supervisor Tupper apprised the Board they received a thank -you
note from Valerie Hall, clerk for the Assessor, for acknowledging her recent nuptials.
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
made.
Councilman Testa commented on a recent newspaper article published in the Cortland
Standard that stated that Cortlandville should be cooperating with the City of Cortland. He
commented that over the past few years he and Supervisor Tupper have meet with City officials
and have provided assistance for numerous projects. Most recently, the Town gave the City
$14,000 to assist with repairs to Wickwire Pool in order for it to operate this year.
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JULY 21, 2010 TOWN BOARD MEETING PAGE 2
Supervisor Tupper commented that a lot of things go on that are not visible to the public.
The Town's Water & Sewer Department and Highway Department are constantly working with
the City of Cortland's departments. The Town contracted with the City Youth Bureau to provide
services to the Town, which the Town could have run itself. Supervisor Tupper stated the Town
is constantly looking for things it can do to help the City. He also noted the Town's support for
the City during the last County sales tax revenue discussions, in which the City received 18.24%
of the revenue.
Councilman Rocco noted that he met with Mayor Susan Feiszli yesterday. He thought it
was important to mention Supervisor Tupper's meeting with her, in which he offered information
regarding the Town's health insurance benefits and ways the City could lower costs. He agreed
that the Town and the City cooperate with one another quite often.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Stephen & Patricia Jordan for
property located on NYS Route 13.
RESOLUTION #122 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #2 OF 2010 SUBMITTED BY
STEPHEN & PATRICIA JORDAN FOR PROPERTY LOCATED
ON NYS ROUTE 13
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Stephen & Patricia Jordan
to permit the enclosure of an existing miniature golf course (Shipwreck Golf and Cones) with a
building and to pave the existing gravel parking area, for property located on the west side of NYS
Route 13, approximately 750 ft. south of South Cortland Virgil Road, tax map #105.00-03-07.000,
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
Stephen & Patricia Jordan, Aquifer Protection Permit #2 of 2010, shall have no significant
environmental impact.
RESOLUTION 4123 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #2 OF 2010
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #2 of 2010, submitted by Stephen & Patricia
Jordan.
RESOLUTION #124 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2010
SUBMITTED BY STEPHEN & PATRICIA JORDAN FOR
PROPERTY LOCATED ON NYS ROUTE 13
SUBJECT TO CONDITIONS
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
JULY 21, 2010 TOWN BOARD MEETING PAGE 3
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 #2 of 2010,
submitted by Stephen & Patricia Jordan to permit the enclosure of an existing miniature golf
course (Shipwreck Golf and Cones) with a building and to pave the existing gravel parking area,
for property located on the west side of NYS Route 13, approximately 750 ft. south of South
Cortland Virgil Road, tax map #105.00-03-07.000, subject to the following conditions from the
Town and County Planning Boards:
1. That the proposed site changes be incorporated into the existing stormwater
management system and that the applicant obtain approval of any necessary
modifications to the existing stormwater management system.
2. Compliance with SEQR requirements.
3. The applicant would be required to obtain approval from the Cortlandville Water and
Sewer Department for any proposed connections to the new water and sewer
extensions to be constructed this year along NYS Route 13.
4. If this facility is connected to public water and the existing well is to be used for
outside non -potable water use, such as irrigation, backflow prevention requirements
shall be identified with the Cortlandville Water and Sewer Department.
5. If the existing well is no longer to be used, it shall be properly abandoned per
Cortland County Board of Heath requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Under old business, Attorney Folmer apprised the Board they have two resolutions to
consider for adoption. The first is the "Acceptance of Bennie Road Extension and Wal-Mart
Improvements in Dedication." Attorney Folmer reviewed the resolution, which includes a
lengthy chronological history of proceedings before the Town Board and other boards; punch -list
items to be completed, estimated at a cost of $42,000; and provides for a $50,000 letter of credit
from Wal-Mart in favor of the Town. The resolution authorizes the Supervisor to execute the
documents that are necessary for easements from Wal-Mart and from the Town to Wal-Mart, and
provides that the Town shall not erect or allow any third party to erect signage or any other
improvement within the Bennie Road Extension of a height greater than eight feet, which is
consistent with the Town's Zoning Ordinance. The resolution also provides that the Town shall
not commence any soil disturbance within the Bennie Road Extension until Wal-Mart has
achieved final stabilization on the property in accordance with the NYS DEC.
Attorney Folmer recommended the Board accept the Bennie Road Extension and Wal-
Mart Improvements in dedication.
Councilman Proud questioned who would sign -off on the punch -list items.
Attorney Folmer indicated that Highway Sup't. Bush would sign -off on the punch -list
items, and noted that he was involved in the preparation of the punch -list in conjunction with
representatives of Wal-Mart, Todd Markevicz from APD, as well as the General Contractor.
Councilman Rocco commented that the community is excited for the opening of the new
Supercenter and the continued growth in Cortland.
RESOLUTION #125 ACCEPTANCE OF BENNIE ROAD EXTENSION AND
WAL-MART IMPROVEMENTS IN DEDICATION
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, Wal-Mart Stores East, LP is the owner of 33.7± acres of real property located at
the corner of Bennie Road and Route 13 in the Town of Cortlandville, New York and further
referred to as Tax Account Number 105.00-1-22.211 (the "Property"); and
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JULY 21, 2010 TOWN BOARD MEETING PAGE 4
WHEREAS, on February 21, 2005 Wal-Mart Real Estate Business Trust submitted a Planned
Unit Development application, which was amended from time to time thereafter (the "PUD
Application") to the Town of Cortlandville; and
WHEREAS, on November 29, 2006 Wal-Mart Real Estate Business Trust assigned the PUD
Application to Wal-Mart Stores East, LP. Wal-Mart Real Estate Business Trust and Wal-Mart
Stores East, LP are hereinafter collectively referred to as Wal-Mart
WHEREAS, the Town of Cortlandville Town Board (the "Town Board") on April 6, 2005 was
established as lead agency under the State Environmental Quality Review Act ("SEQRA") for
the purpose of conducting a coordinated environmental review of the Project; and
WHEREAS, on April 6, 2005, the Town Board issued a positive declaration under SEQRA for
the proposed Supercenter construction; and
WHEREAS, on June 15, 2005, the Town Board adopted a final scoping outline for the Draft
Environmental Impact Statement (the "DEIS"); and
WHEREAS, on February 1, 2006 the Town Board accepted the DEIS for purposes of
scheduling a public hearing to solicit comments on the DEIS; and
WHEREAS, on February 1, 2006, the Town Board referred the PUD Application to the Town of
Cortlandville Planning Board (the "Planning Board") as required by the Code of the Town of
Cortlandville (the "Code") Section 178-57; and
WHEREAS, on February 1, 2006, the Town Board referred the PUD Application to the
Cortland County Planning Department ("County Planning") as required by the Town of
Cortlandville Code (the "Code") Section 178-58 and General Municipal Law Section 239-m; and
WHEREAS, on February 3, 2006, the Town provided County Planning and the Planning Board
with a copy of the DEIS and a copy of the Notice of Completion/Public Hearing as required by 6
NYCRR 617.9(3) and 6 NYCRR.12(b); and
WHEREAS, on March 1, 2006 (continued on March 2, 2006 and March 3, 2006), a duly noticed
public hearing was held where all interested persons were given the opportunity to express their
opinions regarding the DEIS and the Project site plan; and
WHEREAS, the Town Board permitted an additional ten (10) day comment period to further
solicit input on the DEIS; and
WHEREAS, on March 15, 2006, County Planning issued a PUD recommendation to the Town
Board as required by Code Section 178-58; and
WHEREAS, on April 11, 2006, the Planning Board held a duly noticed public hearing on the
PUD as required by Code Section 178-57; and
WHEREAS, on November 1, 2006, the Town Board accepted the Final Environmental Impact
Statement ("FEIS"); and
WHEREAS, on November 1, 2006, due to site plan modification as a result of public input, the
Town Board again referred the PUD Application to County Planning as required by Code
Section 178-58 and requested that County Planning issue a recommendation on the PUD
Application. On November 15, 2006, County Planning reviewed and returned the PUD
Application for a local determination, with any positive consideration from County Planning
contingent on Wal-Mart satisfying 11 conditions; and
WHEREAS, on November 1, 2006, due to site plan modifications as a result of public input, the
Town Board again referred the PUD Application to the Planning Board and requested that the
Planning Board issue a recommendation on the PUD Application; and
WHEREAS, on November 6, 2006, the Town Board provided the Planning Board and County
Planning with a copy of the FEIS as required by 6 NYCRR 617.12(b); and
110
JULY 21, 2010 TOWN BOARD MEETING PAGE 5
WHEREAS, on December 6, 2006, the Town Board concluded its SEQRA review of the Project
and adopted a SEQRA Findings Statement, concluding that the proposed Project will not have
any adverse environmental impacts that could not be mitigated; and
WHEREAS, on December 14, 2006, the Town Board provided the Planning Board and County
Planning with a copy of the SEQRA Findings Statement as required by 6 NYCRR 617.12(b);
and
WHEREAS, the Planning Board reviewed the PUD Application at its December 19, 2006 and
January 10, 2007 meetings; and
WHEREAS, on January 10, 2007, the Planning Board made a motion for a positive
recommendation of the PUD Application, which resulted in a 2-2 vote. The Planning Board
thereafter made a second motion for "no recommendation" to the Town Board which was
unanimously passed as allowed under Code Section 178-57(C); and
WHEREAS, on February 7, 2007, the Town Board held a public hearing on the PUD
Application in accordance with Code Section 178-59 ; and
WHEREAS, on March 6, 2007 the Town Board granted Wal-Mart PUD approval; and
WHEREAS, on July 31, 2007, the Planning Board granted Wal-Mart Site Plan approval; and
WHEREAS, as part of the PUD approval and the Site Plan approval, Wal-Mart is required to
construct the Bennie Road Extension on the Property; and
WHEREAS, the Bennie Road Extension has been constructed and has been inspected by the
Town of Cortlandville, and APD Engineering has issued a Certificate to the Town of
Cortlandville, dated July 1, 2010, with respect to the condition of the Bennie Road Extension in
the form attached hereto as Exhibit A; and
WHEREAS, Wal-Mart desires to dedicate to the Town of Cortlandville the Bennie Road
Extension and all improvements located within the Bennie Road Extension; and
WHEREAS, subject to Wal-Mart's post -dedication completion of certain punch -list items listed
herein, the Town of Cortlandville wishes to accept the Bennie Road Extension and will own and
maintain the Bennie Road Extension and all improvements located within the Bennie Road
Extension in accordance with the terms set forth in the proposed deed of dedication attached
hereto as Exhibit B (the "Deed") and subject to the terms set forth in this Resolution;
NOW THEREFORE, BE IT RESOLVED that the Town of Cortlandville hereby accepts
dedication of the Bennie Road Extension, a description and drawing of which are attached hereto
as Exhibit C, and all improvements located within the Bennie Road Extension, including (but not
limited to) those improvements shown on the As -Built Survey attached hereto as Exhibit D and
made a part hereof (the "As -Built Survey") subject to Wal-Mart's post -dedication completion of
the following punch -list items (collectively, the "Post -Dedication Work") which have been
reviewed and approved by the Town Highway Superintendent:
1. Final striping of the Bennie Road Extension in epoxy markings. As striping
approaches existing striping at culvert, the striping shall be installed as laid out and
marked on the road from Sta 24+00 to Sta 26+00 by the Town Highway
Superintendent.
2. Relocate the existing Bennie Road Street sign at current intersection of Route 13 to
new intersection once traffic is switched to the Bennie Road Extension.
3. Install guiderail from Sta 24+75-right, connecting to the existing rail after moving
traffic to the Bennie Road Extension. The guiderail location shall be installed
adjacent to the Bennie Road shoulder rather than as shown on the Bennie Road
Relocation highway plans.
4. Establish grass as shown on the Bennie Road Relocation highway plans.
5. Install dry swale in the area of the removed Bennie Road approximate Sta 5+00
(Bennie Road Extension to 25+00) to drain freely into the underlying soil profile.
6. Install roadside delineators as indicated on the Sign and Pavement Marking plan.
DULY 21, 2010
TOWN BOARD MEETING
PAGE 6
7. Remove National Grid Utility pole from the paved area and relocate to the correct
location behind the curb as shown on the Bennie Road Relocation highway plans.
8. Once traffic is operating on the Bennie Road Extension, remove the portion of Bennie
Road asphalt paving at the intersection of Route 13, backfill with suitable material,
and establish turf according to the Bennie Road Relocation highway plans.
9. Add minimum 2' foot additional paved shoulder (minimum thickness 2") at Bennie
Road tie-in from bridge to chevron sign (sta. 24+50) on south side.
10. Add street sign for "Bennie Road Ext." to sign assembly at entrance to the Bennie
Road Extension.
11. Add W13-1 advisory speed sign (20 mph) below the two curve warning signs.
12. Straighten or replace bent chevron sign approximate sta. 24+50.
13. Clean soil off all guide rail end sections and ensure all end sections are secure to
mounting blocks.
14. Install asphalt apron at pond driveway from edge of pavement to ROW line/gate.
15. Add additional 30 mph speed limit sign approximately 1000' from installed sign
(install at sta. 22+00).
16. Add additional 30 mph speed limit sign approximately 500' east of culvert and place
for traffic approaching the Bennie Road Extension.
BE IT FURTHER RESOLVED that as a condition to the Town of Cortlandville's acceptance
of the Bennie Road Extension, Wal-Mart agrees to make an escrow payment of fifty thousand
dollars ($50,000.00) to be used as security for the completion of the Post -Dedication Work to be
performed by Wal-Mart within the Bennie Road Extension by delivering a fifty thousand dollar
($50,000.00) irrevocable letter of credit (the "Letter of Credit") existing in favor of the Town of
Cortlandville, subject to the terms and conditions of a certain Escrow Agreement for the Bennie
Road Extension Post -Dedication Work (the "Escrow Agreement") by and between Wal-Mart and
the Town of Cortlandville in substantially the form attached hereto as Exhibit E and made a part
hereof. The Town of Cortlandville agrees to submit any and all invoices for the cost of the Post -
Dedication Work (total not to exceed fifty thousand dollars ($50,000.00)) to Wal-Mart in
accordance with the Escrow Agreement, and Wal-Mart shall pay said invoices in accordance
with the Escrow Agreement.
BE IT FURTHER RESOLVED that the Town of Cortlandville further authorizes Richard
Tupper to sign such documentation necessary to transfer Bennie Road Extension and all
improvements located within Bennie Road Extension on behalf of the Town of Cortlandville and
to open the Bennie Road Extension upon acceptance of the dedication on behalf of the Town of
Cortlandville.
BE IT FURTHER RESOLVED that the Town of Cortlandville shall not commence any soil
disturbance, including (but not limited to) installation of any signage by the Town or a third
party, within the Bennie Road Extension until Wal-Mart has achieved final stabilization on the
Property in accordance with the New York State Department of Environmental Conservation
("NYSDEC") General Permit and filed a Notice of Termination of coverage under the NYSDEC
General Permit with the NYSDEC.
BE IT FURTHER RESOLVED that the Town of Cortlandville shall not erect or allow any
third party to erect signage or any other improvement within the Bennie Road Extension of a
height greater than eight feet (8').
BE IT FURTHER RESOLVED that the Town shall maintain the Bennie Road Extension,
including (but not limited to) the roadway and all improvements and facilities located within the
right-of-way comprising the Bennie Road Extension as specified in the Deed and as shown on
the As -Built Survey.
BE IT FURTHER RESOLVED this Resolution shall be filed with the Town Clerk.
11�
JULY 21, 2010 TOWN BOARD MEETING PAGE 7
Attorney Folmer apprised the Board the second resolution to consider was the
"Acceptance of Easement in Dedication and Conveyance of Certain Easements to Wal-Mart
Stores East, LP." Both resolutions were prepared by Attorney Kelly Pronti and reviewed by
Attorney Folmer. Attorney Folmer found the resolution for accepting the easements and
conveyance of certain easements to be in proper form.
RESOLUTION #126 ACCEPTANCE OF EASEMENT IN DEDICATION AND
CONVEYANCE OF CERTAIN EASEMENTS TO
WAL-MART STORES EAST, LP
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Wal-Mart Stores East, LP ("Wal-Mart") owned 33.7± acres of real property
located at the corner of Bennie Road and New York State Route 13 in the Town of Cortlandville,
Cortland County, New York (the "Property"); and
WHEREAS, on February 21, 2005 Wal-Mart Real Estate Business Trust submitted a Planned
Unit Development application, which was amended from time to time thereafter (the "PUD
Application") to the Town of Cortlandville; and
WHEREAS, on November 29, 2006 Wal-Mart Real Estate Business Trust assigned the PUD
Application to Wal-Mart Stores East, LP. Wal-Mart Real Estate Business Trust and Wal-Mart
Stores East, LP are hereinafter collectively referred to as Wal-Mart
WHEREAS, the Town of Cortlandville Town Board (the "Town Board") on April 6, 2005 was
established as lead agency under the State Environmental Quality Review Act ("SEQRA") for
the purpose of conducting a coordinated environmental review of the Project; and
WHEREAS, on April 6, 2005, the Town Board issued a positive declaration under SEQRA for
the proposed Supercenter construction; and
WHEREAS, on June 15, 2005, the Town Board adopted a final scoping outline for the Draft
Environmental Impact Statement (the "DEIS"); and
WHEREAS, on February 1, 2006 the Town Board accepted the DEIS for purposes of
scheduling a public hearing to solicit comments on the DEIS; and
WHEREAS, on February 1, 2006, the Town Board referred the PUD Application to the Town of
Cortlandville Planning Board (the "Planning Board") as required by the Code of the Town of
Cortlandville (the "Code") Section 178-57; and
WHEREAS, on February 1, 2006, the Town Board referred the PUD Application to the
Cortland County Planning Department ("County Planning") as required by the Town of
Cortlandville Code (the "Code") Section 178-58 and General Municipal Law Section 239-m; and
WHEREAS, on February 3, 2006, the Town provided County Planning and the Planning Board
with a copy of the DEIS and a copy of the Notice of Completion/Public Hearing as required by 6
NYCRR 617.9(3) and 6 NYCRR.12(b); and
WHEREAS, on March 1, 2006 (continued on March 2, 2006 and March 3, 2006), a duly noticed
public hearing was held where all interested persons were given the opportunity to express their
opinions regarding the DEIS and the Project site plan; and
WHEREAS, the Town Board permitted an additional ten (10) day comment period to further
solicit input on the DEIS; and
WHEREAS, on March 15, 2006, County Planning issued a PUD recommendation to the Town
Board as required by Code Section 178-58; and
WHEREAS, on April 11, 2006, the Planning Board held a duly noticed public hearing on the
PUD as required by Code Section 178-57; and
-11.3
JULY 21, 2010 TOWN BOARD MEETING PAGE 8
WHEREAS, on November 1, 2006, the Town Board accepted the Final Environmental Impact
Statement ("FEIS"); and
WHEREAS, on November 1, 2006, due to site plan modification as a result of public input, the
Town Board again referred the PUD Application to County Planning as required by Code
Section 178-58 and requested that County Planning issue a recommendation on the PUD
Application. On November 15, 2006, County Planning reviewed and returned the PUD
Application for a local determination, with any positive consideration from County Planning
contingent on Wal-Mart satisfying 11 conditions; and
WHEREAS, on November 1, 2006, due to site plan modifications as a result of public input, the
Town Board again referred the PUD Application to the Planning Board and requested that the
Planning Board issue a recommendation on the PUD Application; and
WHEREAS, on November 6, 2006, the Town Board provided the Planning Board and County
Planning with a copy of the FEIS as required by 6 NYCRR 617.12(b); and
WHEREAS, on December 6, 2006, the Town Board concluded its SEQRA review of the Project
and adopted a SEQRA Findings Statement, concluding that the proposed Project will not have
any adverse environmental impacts that could not be mitigated; and
WHEREAS, on December 14, 2006, the Town Board provided the Planning Board and County
Planning with a copy of the SEQRA Findings Statement as required by 6 NYCRR 617.12(b);
and
WHEREAS, the Planning Board reviewed the PUD Application at its December 19, 2006 and
January 10, 2007 meetings; and
WHEREAS, on January 10, 2007, the Planning Board made a motion for a positive
recommendation of the PUD Application, which resulted in a 2-2 vote. The Planning Board
thereafter made a second motion for "no recommendation" to the Town Board which was
unanimously passed as allowed under Code Section 178-57(C); and
WHEREAS, on February 7, 2007, the Town Board held a public hearing on the PUD
Application in accordance with Code Section 178-59 ; and
WHEREAS, on March 6, 2007 the Town Board granted Wal-Mart PUD approval; and
WHEREAS, on July 31, 2007, the Planning Board granted Wal-Mart Site Plan approval; and
WHEREAS, as part of the PUD approval and the Site Plan approval, Wal-Mart was required to
construct the Bennie Road Extension on the Property, which encompasses 3.342± acres of the
Property; and
WHEREAS, Wal-Mart constructed the Bennie Road Extension, the Town of Cortlandville
inspected the Bennie Road Extension, and APD Engineering issued a Certificate to the Town of
Cortlandville with respect to the condition of the Bennie Road Extension; and
WHEREAS, the Town of Cortlandville accepted dedication of the Bennie Road Extension from
Wal-Mart by a deed of dedication along with all improvements located within Bennie Road
Extension except for a certain storm water sewer running below the Bennie Road Extension
which is retained and owned by Wal-Mart (the "Wal-Mart Storm Water Sewer"); and
WHEREAS, Wal-Mart retained ownership of the remaining portions of the Property, including
(but not limited to): (1) a 27.714± acre parcel known as Tax Account Number 105.00-02-07.000
(the "Wal-Mart Parcel"), (2) a 1.556± acre ("Outparcel No. One") known as Tax Account
Number 105.00-02-04.000 and (3) a 1.172± acre ("Outparcel No. Two") known as Tax Account
Number 105.00-02-05.000 (collectively, the "Retained Property"); and
WHEREAS, the Town of Cortlandville wishes to grant to Wal-Mart, and Wal-Mart wishes to
accept, a temporary construction easement over the Bennie Road Extension and the former
Bennie Road to complete certain punch -list items in accordance with the terms set forth in the
proposed Temporary Construction Easement attached hereto as Exhibit A and subject to the
terms set forth in the Resolution; and
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JULY 21, 2010 TOWN BOARD MEETING PAGE 9
WHEREAS, the Town of Cortlandville wishes to grant to Wal-Mart, and Wal-Mart wishes to
accept, an easement over a portion of the Bennie Road Extension to access the Wal-Mart Storm
Water Sewer in accordance with the terms set forth in the proposed Storm Water Access
Easement attached hereto as Exhibit B and subject to the terms set forth in the Resolution; and
WHEREAS, the Town of Cortlandville wishes to grant to Wal-Mart, and Wal-Mart wishes to
accept, an easement over a gravel driveway located within the Bennie Road Extension in order to
access a storm water pond located on the Wal-Mart Parcel in accordance with the terms set forth
in the proposed Driveway Access Easement attached hereto as Exhibit C and subject to the terms
set forth in the Resolution; and
WHEREAS, Wal-Mart wishes to dedicate, and the Town of Cortlandville wishes to accept, the
remaining portion of a storm water sewer located on the Wal-Mart Parcel that connects to a
storm water sewer that Wal-Mart previously dedicated to the Town running along the Bennie
Road Extension (the "Town Storm Water Sewer") in accordance with the terms set forth in the
proposed Storm Water Dedication and Storm Water Access Easement attached hereto as Exhibit
D and subject to the terms set forth in the Resolution; and
WHEREAS, Wal-Mart wishes to grant the Town of Cortlandville, and the Town of
Cortlandville wishes to accept, an easement over a portion of the Wal-Mart Parcel to access the
Town Storm Water Sewer in accordance with the terms set forth in the proposed Storm Water
Dedication and Storm Water Access Easement attached hereto as Exhibit D and subject to the
terms set forth in the Resolution; and
NOW THEREFORE, BE IT RESOLVED that the Town of Cortlandville hereby accepts the
dedication of the Town Storm Water Sewer and the conveyance of the accompanying storm
water access easement over the Property, as more particularly set forth in Exhibit D, and further
authorizes Richard Tupper to sign such documentation necessary to accept the Town Storm
Water Sewer and such easement from Wal-Mart, and to accept all maintenance and repair
obligations with respect thereto on behalf of the Town of Cortlandville.
BE IT FURTHER RESOLVED that the Town shall maintain the Town Storm Water Sewer,
including (but not limited to) all improvements and facilities comprising the Town Storm Water
Sewer as specified in Exhibit D.
BE IT FURTHER RESOLVED that the Town of Cortlandville hereby grants and conveys to
Wal-Mart a driveway access easement, temporary construction easement and storm water access
easement over the Bennie Road Extension, as more particularly set forth in Exhibits A, B, and C,
and further authorizes Richard Tupper to sign such documentation necessary to transfer such
easements over the Bennie Road Extension to Wal-Mart on behalf of the Town of Cortlandville.
BE IT FURTHER RESOLVED this Resolution shall be filed with the Town Clerk.
Attorney Folmer requested that he and Supervisor Tupper convene in the conference
room following the meeting to execute the numerous documents. Attorney Pronti would
accomplish the filing of the documents and would provide the Town with the original copies.
Under new business, Town Clerk Snyder apprised the Board she received notification
from the Cortland Country Club, Inc. regarding their intent to renew their liquor license.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence and the Renewal Application Notice Form from Gary S. Wilcox, ABC Officer,
Cortland Country Club, Inc., dated July 8, 2010, regarding the renewal of the liquor license for
the Cortland Country Club, Inc. located at 4514 NYS Route 281 in the Town of Cortlandville.
All voting aye, the motion was carried.
DULY 21, 2010 TOWN BOARD MEETING PAGE 10
RESOLUTION #127 ACKNOWLEDGE RECEIVING NOTICE OF PETITIONS FOR
REVIEW OF ASSESSMENTS
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petitions, regarding their current assessments, from the following property owners:
Carrols Corporation #326 1096 Route 222 tax map #86.13-01-57.100
Gator Cortlandville Partners LTD. 3654-3666 Route 281 tax map #96.09-01-02.200
Town Clerk Snyder apprised the Board she added some information to their packets,
which included an invitation to a meeting that would be held at the Raymond G. Thorpe
Municipal Building on August 19, 2010 at 7:00 p.m. Supervisor Tupper, Bill Cinquanti,
Director of Real Property Tax Services, and herself made a presentation to the Budget and
Finance Committee last Thursday morning regarding partial payments. The invitation was
offered to the town supervisors, town board members, and tax collectors in the county to join in a
round table discussion on partial payments. Town Clerk Snyder apprised the Board they
received a positive feeling from Budget and Finance, and was therefore moving forward with the
round -table discussion. They were hoping to get the tax collectors, supervisors and other board
members in the county on board to create a proper resolution for the County Legislature to adopt
partial payments for Cortland County.
Councilman Proud noted the newspaper article in the Cortland Standard regarding the
presentation.
Town Clerk Snyder thanked Supervisor Tupper for attending the committee meeting with
her. She informed the Board that many people have worked diligently on researching partial
payments including: Bill Cinquanti; his Deputy Director Karen Spafford; County Treasurer, Pat
O'Mara; Legislator, Gene Waldbauer, Legislator, Kathy Arnold, and herself.
Councilman Rocco thanked Town Clerk Snyder for bringing the topic of partial payments
to fruition. He recalled that the Board has mentioned the topic numerous times in the past, but it
took people like Tony Pace who came before the Board last year to discuss an issue he had with
a family member paying taxes. His comments, as well as those of other Town residents who
shared their stories, helped to propel the issue forward. He hoped the County would approve
partial payments.
Supervisor Tupper commented that he attended the presentation, but was not involved in
the research on partial payments. He stated that the presentation was very well done, and that he
heard positive comments from the legislators afterward.
Councilman Testa questioned when partial payments would be effective, if adopted.
Town Clerk Snyder apprised the Board they were proposing an effective date of 2012
rather than 2011 in order to accomplish software updates, the design of a new tax bill, training
for tax collectors, and time to get the word out to the public. She also noted that the panel
involved wants to draft its own resolution with the input gained from other tax collectors at the
round -table discussion.
Under new business, Supervisor Tupper discussed the position of Assistant Code
Enforcement Officer. He explained that the Board created the full-time position in 2009 and
appointed Desiree Campbell. A test was written by the state for the position, and only one
person, being Ms. Desiree Campbell, passed the test. The Board congratulated Ms. Campbell for
her hardwork and stated they were happy to have her working for the Town.
Desiree Campbell thanked the Members of the Board and Town Clerk Snyder for their
support throughout this process, as well as the support of CEO, Tom Williams. She thanked
them for the opportunity to work for the Town.
RESOLUTION #128 APPOINT DESIREE L. CAMPBELL AS
ASSISTANT CODE ENFORCEMENT OFFICER
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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JULY 21, 2010 TOWN BOARD MEETING PAGE 11
WHEREAS, per Resolution #97 of 2009, adopted May 20, 2009, the Town Board appointed
Desiree L. Campbell for a provisional full-time position of Assistant Code Enforcement Officer
contingent on the successful completion of the Civil Service Examination, and
WHEREAS, Ms. Campbell successfully completed such Civil Service Examination, therefore
BE IT RESOLVED, the Town Board does hereby authorize the appointment of Desiree L.
Campbell of 84 Homer Avenue, Cortland, New York, for the full-time position of Assistant
Code Enforcement Officer for the Town of Cortlandville, effective July 21, 2010, at an annual
salary of $25,770.00.
Attorney Folmer reported:
Road Striping:
Attorney Folmer apprised the Board the Town has a proposed agreement with the County
for 2010 road striping at a cost of $8,000. The contact would include road striping for 21 '/2
miles of centerline, and 19 '/z miles of edge line. The County Attorney and new County
Administrator suggested the Town sign a contract on an annual basis with the County.
Supervisor Tupper explained that it costs the County less money per mile for road
striping. The Town coordinates the striping of its roads with the County to save money.
Highway Sup't. Bush goes by a schedule to determine the roads that need striping.
RESOLUTION #129 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT
BETWEEN CORTLAND COUNTY AND THE TOWN OF
CORTLANDVILLE FOR 2010 ROAD STRIPING
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
a contract between the County of Cortland and the Town of Cortlandville for 2010 road striping,
in an amount not to exceed $8,000.
2010 NYS Retirement Incentive Program:
Attorney Folmer apprised the Board that according to Chapter 105 of the Law of 2010,
the Town may provide a retirement incentive program for eligible employees; Part A or Part B.
Supervisor Tupper, Attorney Folmer, and Bookkeeper, Marcia Hicks reviewed the incentive
programs and determined the Town would be interested in the early retirement incentive
program Part A. In order to participate in the program, the Town must schedule a public hearing
and adopt a Local Law. He suggested a public hearing be scheduled for August 4, 2010.
Councilman Rocco questioned whether the Board should schedule a public hearing if
they have not decided whether or not they should participate in the early retirement incentive
program.
Attorney Folmer informed the Board that in order to satisfy the statutory requirements,
they must adopt the program by a certain date in August. There is an open enrollment period for
47 days, from November 1, 2010 to December 31, 2010. Town employees would have the
opportunity to decide whether or not they wanted to participate in the program between now and
December 31, 2010.
Attorney Folmer explained that the ordinance must be enacted on or before August 31,
2010. An adopted local law is not enacted until filed with the Secretary of State. Therefore, if
the Board chose to adopt the local law, Town Clerk Snyder would mail the paperwork to the
State the following day, and would follow up if a notice of filing has not been received by
August 20, 2010.
Councilman Rocco stated he had several questions to be answered before considering
whether the Town should participate, such as whether it would be in the Town's best financial
interest to do so.
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JULY 21, 2010 TOWN BOARD MEETING PAGE 12
Attorney Folmer warned Councilman Rocco that if the Town does not meet the August
31, 2010 deadline they cannot participate in the program. He suggested the Board schedule a
public hearing and discuss the matter at that time.
Supervisor Tupper invited Councilman Rocco to meet with him to go over the financial
information that he and Bookkeeper Hicks compiled. He noted that there were savings
requirements in the law; the Town would have to save money or they could not participate.
RESOLUTION #130 SCHEDULE PUBLIC HEARING FOR A LOCAL LAW OF 2010
ELECTING A RETIREMENT INCENTIVE AS AUTHORIZED
BY PART A OF CHAPTER 105 OF THE LAWS OF 2010 FOR
ELIGIBLE EMPLOYEES OF THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 4, 2010 at 5:00 p.m., for a
Local Law of 2010, "Electing a Retirement Incentive as authorized by Part A of Chapter 105 of
the Laws of 2010 for Eligible Employees of the Town of Cortlandville".
Hydrofracking:
Town of Skaneateles — Moratorium on Hydrofracking:
Attorney Folmer apprised the Board that Councilman Rocco brought to his attention that
the Town of Skaneateles adopted a moratorium on hydrofracking. At Councilman Rocco's
request he researched whether or not it would be possible for the Town to adopt a similar
moratorium. He received a copy of the Town of Skaneateles' local law, and revised it to reflect
the Town of Cortlandville.
The New York State Department of Environmental Conservation is in the process of
adopting regulations for the regulating of hydrofracking in the state. It is not known what the
regulations will be or how much local control there will be for hydrofracking. Until the Town
receives such regulations from the DEC it is not known what can or cannot be regulated.
Attorney Folmer read the following from the proposed Local Law:
The Town Board is well aware of the current review of hydrofracking by the New York State
Department of Environmental Conservation (DEC), including an assessment of the various potential
environmental impacts of hydrofracking, state regulations currently in place and the potential for additional
regulations of hydrofracking at the state level. This moratorium period will allow for the review and
determination of the need for additional state regulations which will necessarily impact the role of the
Town in further regulation on a local level.
This moratorium is also intended to allow necessary time for the Town Board to examine whether
additional local regulation is necessary, the extent of such regulation, and if such local regulation is
necessary, the Town Board may determine the appropriate rules and regulations to ensure comprehensive
uniformity, fairness and consistency in such regulations. Further, the Town Board will utilize the
moratorium period to further examine the significant environmental issues relating to hydrofracking.
If the Town Board adopts the local law they would be making sure that neither the
Zoning Board, nor the Code Office, nor the Planning Board, can entertain any application or
process that will deal with hydrofracking while the moratorium is in place. Attorney Folmer
advised the Board they could schedule a public hearing for a moratorium on hydrofracking if
they chose to do so.
Councilman Rocco thanked Attorney Folmer for researching the matter as quickly as he
did. He apprised the Board that the Town of Skaneateles conducted their public hearing the
previous week, in which 50 people, including many experts, were in attendance. The
Skaneateles Town Board unanimously approved the moratorium banning hydrofracking in the
town. Councilman Rocco was in support of the moratorium and stated he would like the Board
to have the opportunity to study hydrofracking, as they are currently doing with windmills.
Councilman Rocco also offered the Board the opportunity to borrow a book from him
regarding wind energy and different power sources, written by Robert Rice.
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JULY 21, 2010 TOWN BOARD MEETING PAGE 13
RESOLUTION #131 SCHEDULE PUBLIC HEARING FOR A LOCAL LAW - 2010
MORATORIUM LAW ON HYDRAULIC FRACTURING
AND/OR HYDROFRACKING OF THE TOWN OF
CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 4, 2010 at 5:00 p.m., or as
soon thereafter, for a Local Law of 2010, "2010 Moratorium on Hydraulic Fracturing and/or
Hydrofracking of the Town of Cortlandville."
Supervisor Tupper explained the grant writing proposal from Thoma Development
Consultants for a 2010 Small Cities Community Development Block Grant application. A local
business was interested in conducting a major expansion/renovation to its business. The request
would be for a $750,000 Small Cities CDBG.
RESOLUTION #132 AUTHORIZE SUPERVISOR TO SIGN THE GRANT WRITING
PROPOSAL FROM THOMA DEVELOPMENT
CONSULTANTS FOR THE 2010 SMALL CITIES CDBG
ECONOMIC DEVELOPMENT APPLICATION
Motion by Councilman Rocco
Seconded by CouncilmanTesta
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Grant Writing Proposal from Thoma Development Consultants to provide grant writing services
in relation to the 2010 Small Cities CDBG Economic Development application for the Town, in
an amount not to exceed $5,500.00.
Supervisor Tupper apprised the Board they received a request from the NYS Police, via
the Cortland County Highway Superintendent, to reduce the speed limit on Stupke Road.
Supervisor Tupper questioned what prompted the NYS Police to make the request.
Town Clerk Snyder informed the Board there have been several "close call" accidents on
Stupke Road involving deer. There are also two blind curves in the road. She mentioned that the
County Highway Superintendent forwarded the information to the Town so they could follow the
proper procedure.
Councilman Proud noted that a radar machine was currently set up on Stupke Road.
Attorney Folmer stated it would be interesting to see how requests made by the Town
based on citizens' complaints or questions are treated by the NYS DOT, as opposed to when the
NYS Police indicate that a reduction in speed ought to be done.
Councilman Proud recalled the fatality that occurred at the intersection of Fairview Drive
and Route 222. The Town sent a request for a traffic signal with a report from the NYS Police.
The traffic signal is expected to be installed this Fall 2010.
Highway Sup't. Bush apprised the Board the radar detector located on Stupke Road is
owned by the Town. The information obtained from the radar detector could potentially be used
to support the request for a lower speed limit on Stupke Road.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Cortland County Department of Highways Superintendent Donald
Chambers to NYS Trooper Joseph M. Hommel, Traffic Supervisor, dated July 16, 2010,
regarding the traffic report for the speed limit reduction request on Stupke Road; and the New
York State Police Traffic Report dated June 11, 2010. All voting aye, the motion was carried.
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JULY 21, 2010 TOWN BOARD MEETING PAGE 14
RESOLUTION #133 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
STUPKE ROAD BETWEEN MCLEAN ROAD AND LIME
HOLLOW ROAD IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board received a Traffic Report from the Traffic Supervisor of the New
York State Police, via the Cortland County Highway Superintendent, requesting a reduction in
speed limit to 40 mph on Stupke Road, between McLean Road and Lime Hollow Road, in the
Town of Cortlandville, and
WHEREAS, the Traffic Supervisor of the New York State Police noted a "unrealistic speed
zone" for Stupke Road, which is a residential road with two blind curves with a Stop sign a short
distance from the curve on the North end; there is no posted speed limit and very small shoulders
making it dangerous for pedestrians to walk on the road; there have been several accidents and
close calls at the intersection with McLean Road due to the limited distance from the curve to the
Stop sign, and
WHEREAS, Lime Hollow Road and McLean Road are 45 mph within the intersection of Stupke
Road, and
WHEREAS, Stupke Road is a Town road, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the
speed limit on the entire length of Stupke Road to 40 mph, between McLean Road and Lime
Hollow Road, be submitted to the NYS DOT for approval, via the Cortland County Highway
Superintendent for his input, as required.
Supervisor Tupper explained the Environmental Protection Fund 2010 Parks
Development Application for the Ted Testa Park Project. The EPF grant application was a
resubmission of the Town's request from 2009, which was rejected. The grant application
included the construction of 3 pavilions, trees, and blacktop for handicap accessibility.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Environmental Protection Fund 2010 Parks Development Application for the Ted Testa Park
Project, dated July 12, 2010, from Thoma Development Consultants. All voting aye, the motion
was carried.
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 6:00 p.m.
Respectfully submitted,
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 August 4, 2010.