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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. 107 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 109 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 114 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 1IG 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. 117 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. 1 18 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. 119 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.