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HomeMy WebLinkAbout08-09-20071(00 AUGUST 09, 2007 7:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT APD ENGINEERING, APPLICANT WAL-MART STORES EAST, LP., RO NYS ROUTE 13 105.00-01-22.111 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 the Aquifer Protection Permit application submitted by APD Engineering for Wal-Mart Stores East, LP, permitting the construction of a 200,000 +/- sq. ft. building as a retail space with accessory parking and two out parcels for future commercial use. The property is located on the east side of NYS Route 13, immediately south of Cortlandville Crossing, tax map parcel # 105.00-01-22.211. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Planning Board Members, James Bugh and Nick Renzi; Jennifer Wright from Harter Secrest & Emery, LLP.; Steve Cleason from APD Engineering; Kristin Rocco-Petrella, Deputy Town Clerk; Roger & Melody Orlandini, 5729 Hickey Rd., Truxton; Jeannette Keenan, Freeville; Shirley & Robert Bruey, 60 Lincoln Ave., Cortland; John Carroll, 481 Nye Rd., Virgil; Rita & Preston Goslee, 821 N. Lamont, Cortlandville; Catherine Frail, 79 Greenbush St., Cortland; Francis Uhlin, 82 W. Main St., Cortland; George Ottenschot, 4510 NYS Route 281, Cortlandville; Olga Savino, 3307 Walden Oaks Blvd., Cortlandville; Matthew Tupper, 3741 Lyncort Dr., Cortlandville; Tim Robison, 278 McLean Rd., Cortlandville; Marie Spollen, 57 N. Main St., Cortland; Catherine & Donald Smith, 41 Morningside Dr., Cortland; Diane Smith Chu, 41 Morningside Dr., Cortland; Brad Hunt; Mackenie H. (unknown); Anna Mae Artim, 714 McLean Rd., Cortlandville; Lydia Ferro, 710 McLean Rd., Cortlandville; Sandy & Vittorio Panzanella, 1770 Route 13, Cortlandville; Robin Dunham; Martha Ferris; Marie Kautz, Homer; Mary Clare & Matthew Pennello, 820 S. Lamont, Cortlandville; Julia Ganson & David Millett, 1144 Old Stage Rd., Cortlandville; Norm Trigoboff, 7 Calvert St., Cortland; Stephen & Susan Horner, 4 Scammell St., Cortland; Dennis Forehand, 2910 Douglas Rd.; Patricia Roiger 795 N. Lamont, Cortlandville; Elizabeth Brevitt, 15 Morningside Dr., Cortland; Dick Benchley, 4478 Cosmos Hill Rd., Cortlandville; Edwin Triana, 795 N. Lamont, Cortlandville; Sheila G. Cohen, 209 Groton Ave., Cortland;Representatives of C.A.P.E.: Robert & Norma Rhodes, Grace Meddaugh, Jan Thomsen, Pam Jenkins, Ron Powell, Jamie Dangler, Andrea Rankin; Jo Schaffer, City of Cortland Planning Commission; News Reporter, Evan Geibel from the Cortland Standard; News Reporter, Eric Mulvihille from WXHC Radio; and Sharon Stevens for Channel 2, Access TV. SUPERVISOR TUPPER: Good evening ladies and gentlemen. I would like to welcome you all to the Cortlandville Town Hall. This is a public hearing for an Aquifer Protection Permit for Wal-Mart Superstore. I would ask the Clerk if she would please read the notice. TOWN CLERK SNYDER: Notice is hereby given that pursuant to Section 178-48 of the Code of the Town of Cortlandville, a public hearing will be held before the Town Board at the Raymond G. Thorpe Municipal Building, on August 9, 2007 at 7:00 p.m. or as soon thereafter as the parties may be heard concerning an application for an Aquifer Protection Permit. The application is by APD Engineering, for property owned by Wal-Mart Stores East, LP, permitting the construction of a 200,000+/- sq. ft. building as a retail space with accessory parking and two out parcels for future commercial use. The property is located on the east side of NYS Route 13, immediately south of Cortlandville Crossing. The Applicant is the consultant to the owners of the property, which is located in the primary area of the Aquifer Protection District of the Town, and is located in a Zoning District denominated Planned Unit Development. At the time and place of said hearing all parties in interest and citizens shall have an opportunity to be heard. The Town Board will review the environmental impact of the application at the time of the hearing. AUGUST 09, 2007 PUBLIC HEARING NO. 1 PAGE 2 SUPERVISOR TUPPER: Thank you Karen. I would like to remind people that this a public hearing specifically for the Aquifer Protection Permit for this site. It's not a hearing to express whether you are in favor of or opposed to Wal-Mart or their business practice or their employment practice. This is whether or not you are in favor or opposed to our issuing an Aquifer Protection Permit. And I have a list of speakers that I'm going to go through and I have a new, high-tech, we had to borrow money to buy this, egg -timer, and I've been asked that I use this this evening. But since I've got a very short list, rather than turning it on and having us all listen to the click, click, click of it, I would just ask you to please make your comments brief and we'll try to get through this as quickly as we can. So, the first speaker I have on my list tonight is John Carroll. If you would come up to the podium and identify yourself and your address for the record. JOHN CARROLL: Good evening members of the Board and fellow citizens. My name is John Carroll and I'm a resident of 451 Nye Road in Virgil. Before I discuss the Aquifer Permit, and since it is the last of the public hearings, I believe it only appropriate that we give thanks to those who have brought us this far in this long, in what has been an educational, contentious and somewhat boring at times. As an observer and a participant for four years I think I speak with some credibility. I have singled out three individuals who deserve special thanks. However, I certainly do not wish to diminish the valued input of various engineers, this Board, numerous public officials, and those on each side of the fence that have brought their many gifts to this process. First of all there are the two people on the legal team. Mr. John Folmer who became involved before the Town Board, and like myself attended a meeting of folks who were interested in the aquifer. He said at that meeting it would be aquifer, aquifer, aquifer. That word aquifer would remain a rallying point for the next four years. During the next four years, he gave of his considerable legal knowledge to the Town's various boards and championed this lengthy process. Mrs. Kelly Pronti legal counsel from Harter Secrest and Wal-Mart's lawyer. Mrs. Pronti has conducted numerous presentations for the benefit of the Town and the Board. She has been a guide to this Board on several occasions and submitted numerous compelling documents which have made it possible for us to reach this point. If the project comes to fruition we owe her our deep gratitude. The next individual is a person whom I thought I would never be thanking. There are times when he irritated Board members, and brought forth venom from every pore in my body. Yet at the same time I cannot think of any individual that has taken and maintained copious notes, done more to ensure that Wal-Mart gave this community — no this County — a facility that will provide the very latest in aquifer protection and stormwater mitigation. That man is Planning Board member Nicholas Renzi. For years in the future we will all owe him a deep gratitude of thanks. I would ask that these three individuals, and sitting in tonight for Kelly Pronti is Jennifer Wright, please stand and give them a resounding applause of thanks for all the efforts they put in. (applause) Tonight with a little bit of luck we will close this public hearing on a positive note with Wal-Mart receiving an aquifer permit. I have with me a document which if adhered to will easily facilitate this Board's decision for a positive vote. Allow me to read from the New York State Environmental Quality Review Act findings Statement, and I will confine those comments strictly to the aquifer. And Mr. Tupper, thanks again for allowing me to take a little longer time ... I'm not good at the short speeches as you know. Contained within the New York State Environmental Quality Review Act are some of the following statements that are pertinent to the aquifer: A stormwater management plan was developed with the intention of meeting and exceeding a critical Town of Cortlandville and New York Department of Environmental requirements for stormwater management and the protection of groundwater quality. Stormwater runoff from the site will be treated in a multi -stage treatment process consisting of ... pumps ... water retention, sand filter, etcetera. The existing Wal-Mart is located approximately 1,000 feet north of the proposed site and there is no evidence to indicate that there has been water pollution at that site. Permitted uses under the commercial PUD ... proposed project is committed ... use under present zoning and is consistent with nearby land. The proposed project will generally be in conformance with the majority of the Town's design and development guidelines. It should be noted that the operation of the stormwater AUGUST 09, 2007 PUBLIC HEARING NO. 1 PAGE 3 management system at the existing Wal-Mart facility has not resulted in any ... to the aquifer. The existing Wal-Mart facility actually lies closer to the Terrace Road ... than the proposed project. Operation of the Supercenter has been described in the DEIS. The FEIS will comply with applicable descriptions and requirements permitted uses within the aquifer protection district. Regrading will not adversely affect the aquifer. The stormwater system has been designed with the storage capacity that exceeds the one hundred year storm. It should be noted that even in the case of system failure, runoff would still pass through the ... for treatment prior to leaving the site. The actual speed flow to corridor ... Otter Creek will not be impacted. The system incorporates redundant backup. Pumps to prevent system failure during maintenance. Should stormwater press the emergency spillway, there would be no impacts to water quality in the aquifer. Evaporation is not expected to have a significant impact on the amount of water available for recharge. The site if developed will not contribute to additional flooding. All of these comments have been seen by you gentlemen and signed by Mr. Tupper. There are some significant people that have acknowledged this document and none have come forward to reject any of it. Dan Dineen, John Helgren, Pat Reidy, Peter Alteri, and I might add to this list another that has not been copied but a significant input at various symposiums that we've had and that was Todd Miller from the Ithaca Office of the U.S. Geological Survey. And he has actually conducted studies on the aquifer, gave presentations here in Cortland, and at no time has he objected to any of these comments regarding aquifer protection ... . Gentlemen of this Board given the facts that you have previously agreed to ... I have to believe that your decision will be a positive one and that you will issue the long awaited aquifer permit. Thank you for allowing me to speak tonight. SUPERVISOR TUPPER: Thank you John. (applause) Jo Schaffer. TOWN CLERK SNYDER: Jo, do you want to pull the microphone up? JO SCHAFFER: I'm a long time resident of the County of Cortland, City of Cortland. My address is 31 Pearl Street, Cortland. I am here in a number of capacities. One as a concerned citizen having been an attendee at almost all of the hearings of the planning commission and of this honorable body on this issue. I'm also a Commissioner of the City of Cortland Planning Commission and I have concerns as a citizen. Thank you for this opportunity to once again express my deeply concerned thoughts about the proposed placement of a superbox store and its concomitant parking field on the Cortland recharge aquifer, also known as the Polo Field. During the long months of the review process including the EIS, the DEIS, the SEQR studies among other requirements, have we yet to hear anything on your part that justifies the risk, I repeat that, the risk, of this project which could presumably destroy the future supply of clean water for Cortlandville and the City of Cortland. Within the past two weeks, even some members of this elected board were heard to state for the record at a regular meeting their comments about the fragility and delicate nature of the aquifer recharge area and the need to preserve greenspace over the aquifer. And at the same time one of your members commented on the dedication of the participating engineers to develop substantial stormwater devices that would "minimize" future contamination of the recharge. Nowhere in his or the engineers statement does a guarantee exist of any sort that our water supply would be held harmless from contaminates from the parking areas, from a severe water occurrence, as just happened yesterday in New York City and the East River is now contaminated, or any other natural or mechanical overload on the aquifer. The risk to the aquifer continues, despite anyone's best projections, to be a major concern. I, for one, do not look forward with any joy to the idea that at some point in the near future I may have to purchase bottled drinking water from and to the profit of the same company that has wantonly ignored requests to protect this important aquifer. Any tax dollars from the receipt of such sales of bottled water will never be sufficient to recompense the loss of our natural water supply. Once destroyed, forever destroyed. Let me reiterate that despite the best possible engineering proposal, you cannot guarantee the continuation for clean water from the aquifer. I do not think that is a risk you would wish to carry forever on your backs or in your conscious. I would urge you then to deny the aquifer protection request that's on the table this evening. Thank you for your time. I have a copy if you want it later. 163 AUGUST 09, 2007 PUBLIC HEARING NO. 1 PAGE 4 SUPERVISOR TUPPER: Thank you Jo. (applause) Grace Meddaugh. GRACE MEDDAUGH: I'm going to be very short and to the point. I'm Grace Meddaugh. I live at 1128 Old Stage Road, Cortland, New York, and I'm here ... the aquifer. There was an article in the paper, not long ago. The same soil conditions that allow Cortland County such an abundant water supply also make this water source very suceptable to contamination said the Water Quality Management Agency. Did anyone else see that in the paper? This was printed twenty-five years ago. What has changed? We still should be very, very concerned about contamination. Would you please reconsider or consider very thoughtfully before allowing the aquifer permit. (applause) SUPERVISOR TUPPER: Thank you. Mary Davis.... Mary Davis. Maybe I'm not ... well it's got to be.... Well. Okay. Nick Renzi. NICK RENZI: John Carroll, thank you very much for those kind statements. Thank you very much. In fact, next time you are inclined to go to Syracuse I'll loan you my Sam's Club membership card. (laughter) Thanks. Nick Renzi. 1149 Davinci Drive. It will be four years on August 18 since the Wal-Mart Supercenter project began. During the four years the necessary reviews including the important environmental impact statements have evolved. Careful reviews by the Town's consulting engineering firm of Clough -Harbour working together with Wal-Mart's engineering firm of APD Engineering have addressed all of the points raised by the Cortlandville boards and the public. At the last Planning Board meeting I made the motion to adopt the resolution that essentially endorses the approval of the Site Plan, Subdivision and the Aquifer Protection Permit. I have, throughout the process, been an active participant in critiquing the final environmental impact statement, reviewing the stormwater management system, providing a detailed agenda for the Site Plan review process and finally providing the detailed conditions for the resolution adopted by the Planning Board. I have given my time, energy and engineering ability to this project with one objective and that was to make sure that the final project would embrace all of the features that would ensure that the environmental impacts would be minimized and that the needs and safety of the community would be addressed thoroughly and to the benefit of the community. I did nothing more than any other member of the Planning Board. Tonight I say with confidence, having worked with both Clough Harbour Engineer Scott Smith and APD Engineers Steve Cleason and especially Todd Markevicz that they have done an outstanding job in executing their responsibilities professionally and without prejudice to ensure that the engineering work was done by the book. I personally want to thank them for their attention to detail and for their professional objectivity. With regard to tonight's meeting I feel that the design of the critical elements of the Supercenter addresses the environmental sensitivities of the site. Remember that the site is a 33- acre piece of property that sits atop of the sole source aquifer recharge area. The downside of this project in no way rests with Wal-Mart, it's engineering company APD or the Town's consulting engineering company of Clough Harbour. They have done an outstanding job. But the downside rests squarely with the Town Board. The Town Board has failed miserably in that they never insisted on other location alternatives that would have had virtually no significant environmental impacts. In addition they failed to take a hard stand on the interpretation of the Town Code with regard to the definition of a Planned Unit Development. The Town Board has done a great disservice to this community by taking the path of least resistance and by not being the least proactive in securing the polo field years ago to preserve the integrity of the aquifer recharge area while avoiding the conflicts that have surfaced over the last four years. Tonight the Town Board will have the required public hearing, make their motion for approval of the Aquifer Protection Permit and feel like they have done their job. Wal-Mart and the engineering companies have done their jobs. They've done it well. The CAPE organization with their consultants has served the public's interests well. Very well, and I thank them. I too have executed my responsibilities well and been an asset to the progress and direction of this project in spite of the written and verbal requests by Ted Hoffmann, Ron Rocco, Kathy Reynolds and others to recuse myself. Town Board members your efforts were minimal, shallow and without the public interests as a priority. Thank you. (applause) AUGUST 09, 2007 PUBLIC HEARING NO. I PAGE 5 COUNCILMAN ROCCO: You know. Can we say anything? SUPERVISOR TUPPER: Arnold Talentino. COUNCILMAN ROCCO: I would like to pat myself on the back too Nick. You know. There is a team on this Board and a team on your Board. You didn't do all this. This is ridiculous. SUPERVISOR TUPPER: Ron. This is a public hearing. Go ahead Arnold. COUNCILMAN ROCCO: You need to take all the credit. There is plenty of room for credit to go around here. ATTORNEY FOLMER: Ron, stop. COUNCILMAN ROCCO: Sorry, it's ridiculous. MEMBER OF THE AUDIENCE: Out of order. You're of order. COUNCILMAN ROCCO: I'm out of... ARNOLD TALENTINO: My name is Arnold Talentino. I'm a resident of the City of Cortland - my thirty-seventh year. What I have to say really will sort of be subsequest to Nick's comments. Some are regarding the engineering work that was done here. So I'll read from my letter I'll be giving you. Dear Mr. Tupper and members of the Board. I would like to comment once more upon the potential hazards to the City of Cortland's and the surrounding area's water supply because of your decision to approve the Wal-Mart Supercenter project. Although Wal-Mart's proposed pollution control system is good, it is not good enough. In fact, it is likely that no pollution control system is good enough to protect so sensitive and important an area as that proposed for the Supercenter. The proposed pollution control system cannot filter or trap many chemicals that the store's garden center, which will be selling herbicides, pesticides, fungicides, and fertilizers, could release into the aquifer. Nor can the system eliminate the impact of parking lot salt and the various chemicals that leak out of parked vehicles. Indeed, in its draft report to you of 22 March 2006, your engineering firm Clough Harbor and Associates, made the following statement in response to Wal-Mart's claim that their system of filtration and dilution would, "offer substantial protection against contamination from any one site." "Filtration through the unsaturated zone above the aquifer and dilution of contamination in the aquifer are not considered protective measures. The amount of contamination reduction, if any, depends on the type of contaminant, the volume of the contaminant, the percent of organic fraction in the soils, and many other factors. With regard to dilution of contaminants within the aquifer, this process will indeed reduce contaminant concentrations compared to the point of entry into the aquifer, but the dilution is not considered a protective measure. Again, depending on the chemical nature of the contaminant, many contaminate types do not dissolve completely in water but sink to the bottom of an aquifer to provide a continuing source of contamination. Moreover, the statement that an individual project will not cause an impact to a drinking water well `unless unusual conditions exist or a very large volume of contaminant is introduced' is false. Certain contaminants can be very toxic at low concentrations." End of Clough Harbour quote. Even if the Wal-Mart engineers were able to make a few adjustments to the pollution control system in the year between when that report was issued and the date you voted to approve the project, whatever might have been done is irrelevant. Some contaminants cannot be contained or eliminated. The Clough Harbour engineers, whom you have employed to advise you about the Wal-Mart project, have explained that protection of the aquifer involves a multitude of variables, some of which are beyond control. And though you seem to have ignored their report, along with those provided by other interested individuals or agencies regarding the aquifer, I take this opportunity to remind you of Clough Harbour's statement. Your own engineering firm has made it abundantly clear that allowing a project such as the Wal-Mart Supercenter over a critical recharge area to the aquifer is a mistake that could have catastrophic 1 I consequences. Thank you very much. (applause) 165 AUGUST 09, 2007 PUBLIC HEARING NO. 1 PAGE 6 SUPERVISOR TUPPER: Sandy Panzanella. SANDY PANZANELLA: Hi. I'll make this brief. I won't say too much. You've already heard my big mouth before, so. I'm Sandy Panzanella. TOWN CLERK SNYDER: Sandy, can you pull the microphone down? SANDY PANZANELLA: My name is Sandy Panzanella. I live at 1770 New York State Route 13 and I also own the Yellow Lantern Kampground in Cortland. The past week, ten days, we've been checking every day, going on trips to Wal-Mart even though we had to go across town. And everyday that we were there we noticed overnight campers on Wal-Mart property. Now these campers don't want to pay the lousy thirty dollars that it takes to rent a campsite, which means that parking at Wal-Mart they don't have any facilities. They don't have any sewer hookups. They don't have any gray water hookups. They have nothing. But, we have noticed that they are dumping the gray water on the parking lot. The motor home leaves and there is gray water all over the parking lot. Now some of it is only gray water but other is black water. For those of you who don't know what that it, that's sewage, and that's going into our aquifer. A lot of these people have generators, which are running all night. And from what I read, the way they take care of these campers is putting signage up. Now I gave all the members a copy of something that I found in our newspaper clipping to do with camping, and as you can see it's happening all over the United States. This particular newspaper clipping is from North Carolina. Every campground is having this problem. ... Just to save themselves a lousy thirty dollars. And this is the type of people that are going to be parking in the parking lot over there. They're going to be affecting our aquifer, and I also am against it. If you would like the dates that I've been over there checked out it's been from July 31 St to August 8th. There have been from one to three campers there in the early morning that have spent the night there. ... Some of these campers have pullouts. They were wide open and they spent the whole night. Now, that's just the aquifer. But what is it doing to my business as a business owner in Cortland County. Doesn't Wal-Mart get enough? Do they want to take over the whole country with everything? It's ridiculous. Along with other chemicals a lot of these motor homes have oil leaks. A lot of them are older. We have to deal with that at the campground. Um.... other chemicals that come out of these — propane — you have propane. I mean not that propane leaks but you have another danger there with propane tanks on all these motor homes parked there. In the article that I gave that I passed out. One campground in North Carolina, on some nights loses thirty campers a night and guess where they all are ... at Wal-Mart parking lots. That's all I have to say. I'm very much against the aquifer. I've lived in Cortland for most of my life. I came here when I was eleven years old and my whole family has worked hard. And what you guys are doing is very wrong. Thank you. (applause) SUPERVISOR TUPPER: Pam Jenkins. PAM JENKINS: Hi, my name is Pam Jenkins. I'm a resident of ... TOWN CLERK SNYDER: Pam, can you lift the microphone up? PAM JENKINS: Pam Jenkins. I'm a resident of Cortlandville for almost twenty years. I'm certain that you can't possibly vote tonight. There are too many unresolved questions. Not the least of which is the fact that you requested that Wal-Mart leave the two outparcels undeveloped as greenspace. You haven't heard whether they will agree to that. It seems pretty unlikely that they would, but you lose all leverage in influencing their decisions if you go ahead and grant the Aquifer Permit right now. To follow up on Mr. Carroll's comments, you need to know that engineered barriers often fail. It's a fact of life. And as pointed out by the Cortland County Planning Department there has been no demonstrated community need for this project. So therefore the risks to our aquifer cannot be justified. I echo Mr. Renzi's concern that the PUD should never have been granted. At this moment you don't have a clue what will be happening with the outparcels so how can you grant 1b(0 AUGUST 09, 2007 PUBLIC HEARING NO. 1 PAGE 7 a permit for the entire, what - how many acres is it - you know, when two of the outparcels, what the heck, we don't know if or anything, if or what will be happening on those. So it's clear that this Board has been buffaloed by Wal-Mart which is nearly exploiting a loophole in our Town Code. And I don't think you can vote tonight. (applause) SUPERVISOR TUPPER: Andrea Rankin. ANDREA RANKIN: My name is Andrea Rankin and I live in the City of Cortland. I've said this before but it bears repeating. I was an employee of the Health Department during the Smith Corona pollution of our water when Jim Fuse was my boss. And, after we got the results the aquifer traveling that Smith Corona paid a million dollars for — the charting of the flow of the aquifer — Jim Fuse said to us, if I had known the flow of the aquifer we would have never allowed the amount of development in Cortlandville that has been done. Rarely a week goes by without a story in the media to support CAPE's contention that Wal-Mart should not be allowed to build on our sole source aquifer. From the EPA and the United States Department of Justice lawsuits against Wal-Mart for polluting their construction sites in building new Wal-Marts, to'Mondays article in the Cortland Standard about the City Wastewater Plant upgrade on hold, the media makes a good case weekly why Wal-Mart should not be allowed to build on our polo field. In the most recent article the City cannot upgrade the sewer treatment plant now because it must first repair the linings of the sewers in response to the State DEC warning that the treatment plant is exceeding its daily sewage levels. This happens during rain events when stormwater enters sewer pipes through holes in the old pipes. Just a reminder, Binghamton has had three, one hundred year storms in the past two years. Flooding is and continues to be a constant concern in Cortland and Cortlandville. The building of a Super Wal-Mart will block a major recharge area to a aquifer I am not assured by the Wal-Mart engineers that they can do better this time. I urge you to vote against the aquifer permit. Thank you. (applause) SUPERVISOR TUPPER: Jamie Dangler. JAMIE DANGLER: Thank you Dick Tupper and the Board members for giving us this opportunity to speak. My name is Jamie Dangler and I'm the treasurer of Citizens for Aquifer Protection and Employment. So my letter is on behalf of the group. The members of Citizens for Aquifer Protection and Employment urge you to see that unaddressed recommendations from the Town and County Planning Boards are carried out before you consider granting an aquifer protection district special permit for the proposed Super Wal-Mart Supercenter. The fact that you have scheduled a special meeting immediately following this Public Hearing leads us to believe that your intention is to approve the special permit application this evening. It is disturbing that you would even consider doing that, given the remaining actions called for by the Town and County Planning Boards. To approve this application without knowing for sure whether concerns raised by these Boards can be resolved is premature. Both boards have recommended approval of the special permit contingent upon the resolution of a number of specific remaining problems. First, I will summarize the unresolved issues identified in the Town Planning Board's July 31St, 2007 Resolution. The Board recommended approval subject to seven specific conditions. The first of those conditions is that the applicant provide documentation that it has updated stormwater management system calculations, that it has updated its stormwater management system maintenance plan, that it has updated its spill response plan, that it has updated its plan for spill prevention, control and countermeasures, and that it has provided a sampling and analysis groundwater monitoring plan. Clearly there is remaining uncertainty about whether the proposed stormwater management plan will adequately protect the area from flooding and unfiltered discharge to the aquifer and Otter Creek. For example, some of Wal- Mart's calculations have been found to be in error. You cannot know whether the remaining problems can be resolved until you see the updated calculations. The Town Planning Board also recommended consideration of additional recommendations made by Clough Harbour in a July 27th, 2007 letter. It also called for measures to insure that sampling wells will be tested in accordance with an approved protocol, that Wal-Mart will be held financially responsible for remediation of any pollution it is found to be the source of, and that a protocol for regular inspection of the stormwater management system be established. Finally, the Town Planning Board has recommended that the outparcels be kept as green space in order to reduce the amount of clean recharge area being eliminated by this project, help reduce flooding potential, and serve as a buffer for the Walden Place residential facility. The LJ I- 11 10 AUGUST 09, 2007 PUBLIC HEARING NO. 1 PAGE 8 Town Board has endorsed this recommendation. In the face of Wal-Mart's visible discomfort with the proposal, the Town will lose any leverage it has to provide its citizens with this additional protection measure once the aquifer protection permit is granted. Adding to the Town Planning Board's list of contingencies, on June 151h, 2007 the County Planning Department pointed out a number of unresolved problems. Most importantly, the proposed location of a snow storage area will allow snowmelt to bypass the stormwater treatment system. According to the County's written analysis "snowmelt can be highly polluted and contribute to spring drainage problems." CAPE has already submitted a series of documents outlining the risk this project presents for groundwater contamination and flooding. Our comments have included the expert analysis of an environmental engineering firm and a hydrogeologist from outside of the Cortland area, with no ties to any of the parties who stand to gain from this project. The same cannot be said for the Town's main consulting firm, Clough Harbour. Lowe's has been one of its clients and its plans to build on the existing Wal-Mart site are contingent upon approval of the Supercenter. Given the conflicts of interest that have infused the approval process from the start and have been duly noted by the citizens of Cortland County, the Town has an obligation to, at the very least, require as much groundwater and flooding protection as possible from Wal-Mart. To grant an aquifer protection district special permit tonight will reveal that the Town doesn't really care whether the remaining problems can be resolved. Once this permit is granted, all leverage will be lost. In closing, let me remind you of the aquifer protection and flooding concerns CAPE has consistently pointed to, which cannot be resolved by Wal-Mart's proposed stormwater management and pollution control plan. The technology simply can't address these problems and they will continue to keep the citizens of Cortland County at risk for deteriorating water quality and flooding. The stormwater treatment processes cannot remove herbicides, pesticides, salt, and ethylene glycol from parking lot runoff. Under certain flooding conditions, spelled out by CAPE's engineering consultant, Carpenter Environmental Associates, stormwater will be directed offsite and will bypass the stormwater treatment units. There has been no evaluation of the potential for groundwater contamination from stormwater which bypasses the treatment systems. As the DEC has pointed out, the Otter Creek basin has been significantly altered by development over the years. The Town has failed to act on the DEC's recommendation that a detailed study of Otter Creels be done before approval of this project in order to assess potential for increased flooding. It is imperative to acknowledge that while the proposed stormwater management system will meet DEC requirements, that doesn't mean it will prevent flooding and groundwater pollution under all possible scenarios. The minimum standards imposed by any regulatory agency do not eliminate risk. We believe that the Town Board has done this community a great disservice and has fallen far short of its responsibility to the people of Cortland by failing to conduct a reasonable and scientific -based assessment of the risk this project presents for our precious aquifer. This is particularly hard for us to take given the fact that there are alternative locations for this project that could have been explored, but never seriously were. Let me close by reminding us all what has been said by experts within our Town and County apparatus. The County Planning Board's June 151h analysis of Wal-Mart's application for an Aquifer Protection District Special Permit ends its recommendation for contingent approval with the following statement: "This is not to say that continued development over the aquifer will not result in unacceptable degradation of the aquifer over time." Dr. James Bugh, Town Planning Board member and hydrogeologist, wrote the following in his comments on the Super Wal-Mart DEIS, and is repeated on page 58 of the FEIS. And I quote, "Hydrologically, the site is the most important recharge area for the Cortland/Cortlandville aquifer." This isn't just any piece of property. It is a critical, in fact the most critical, remaining open greenspace that we have. And so, while it is on the verge of putting the most important recharge area for the Cortlandville/Cortland aquifer at risk, the very least this Town Board should do is postpone a decision on this final step — the Aquifer Protection District Special Permit — until Wal-Mart has addressed critical unanswered questions about its stormwater management and pollution control plans. If you don't, you will reinforce the common assumption that this was a done deal right from the start. (applause) SUPERVISOR TUPPER: That's the last name I have on my list. Is there anyone else who wishes to speak? Bob. AUGUST 09, 2007 PUBLIC HEARING NO. 1 PAGE 9 ROBERT RHODES: I'm Robert Rhodes. Lifelong citizen of Cortland and a proud member of CAPE. I have two statements to read. One from Peter M. Jeffers, Professor Emeritus of Chemistry, SUNY Cortland. He came this evening apparently without his glasses and he's asked if I would read on his behalf. Sirs. To approve an Aquifer Protection Permit for the proposed Wal-Mart makes a mockery of the concept of aquifer protection. Major building project and the business that would be conducted, the auto and truck traffic that will ... all violate the idea of prudence and caution for clean, pure water .... The land on that site should remain a pasture forever. I consider it an ... to those of us who have a solid science background an experience with this particular aquifer that the Board would even consider granting an aquifer permit for this project. This is signed by Peter M. Jeffers, Ph.D., Professor Emeritus, SUNY Cortland. For myself, thank you very much for the opportunity to speak once again. Perhaps the last time on this issue unless you take the advice from others and do not make that vote tonight. There was a time in the not too distant past when the Town Board was, I think, proud to have insisted on 100% effectiveness when a project over which they had some control posed the possibility of contamination of our water supply. Let me be clear. I'm not talking about an accidental highway spill of gasoline, for example. I'm talking about circumstances over which you do have some control. Whether or not, for example, 33-acres of green space covering a vital recharge area can be rendered impervious by 33-acres of blacktop. Allow me to recall a little local history for you. The Cortland Standard of 29 November 2003 carried an article by Renee Lucas captioned "Company Loses Suit Against Cortlandville." The company was an entity appearing by an acronym, only I don't know what it stands for — REROB. But I do from elsewhere in the article that it represented an expressmart, "consisting of a gas station, car wash and mini -mart on the corner of Lime Hollow Road and Route 13. I'm now going to quote from that story of 29 November 2003. ... "The site is within an area known as the Aquifer Protection District, which was created by a zoning ordinance in 1988 to offer increased regulatory control of land in an effort to protect the underground water supply. The aquifer is the sole source of water for the town of Cortlandville and the city of Cortland municipal water systems. Attorneys representing REROB filed an Article 78 proceeding in May 2003 challenging the Town Board's decision to deny the permit on the grounds that it was procedurally flawed. The company alleged the decision was based on the EPA documents that the town received after a public comment period on Jan. 17, 2001, during the environmental review of the project. The Company claimed that the town's decision to reject the request based on a potential threat to the water supply was arbitrary and did not follow proper procedure. Town board members defended themselves by saying that the project plans did not minimize effects to the environment and the requirements of the state -mandated local environmental review had not been met. One of the town's main concerns was that any of the guarantees proposed to guard against contamination of the sole -source aquifer could not be guaranteed 100 percent effective." In the present issue do, or can, the Town Board and Wal-Mart guarantee 100% effectiveness against contamination of the sole source aquifer? ... If not, then it's fair to ask why was the Town Board so concerned about a threat posed by a relatively small operation while the threat posed by those 33-acres of blacktop has been minimized? In August of 2003, the Town Board started consideration of the Wal-Mart project. In November, three months later, the Town Board could be gratified that their actions were ratified by a court decision in their favor at the very time they were starting to entertain approving a potentially much more serious threat. When did you lose your concern, even insistence, on 100% protection? Or did you just lose your nerve? (applause) SUPERVISOR TUPPER: Is there anyone else? COUNCILMAN ROCCO: There's a lady over there. PATRICIA REIGER: I'm Patricia Reiger ... Lamont Circle. I just have a letter I'll give you and just make my statement very short, and urge you to vote no and have the courage to protect our water. (applause) SUPERVISOR TUPPER: Thank you. Do we have one more? AUGUST 09, 2007 PUBLIC HEARING NO. 1 PAGE 10 1�9 JEANETTE KEENAN: Good evening. My name is Jeanette Keenan, and I wasn't gonna say anything tonight but as I sit here and listen there is so much that I've heard that I've heard so many times before. But I did hear a couple of new things tonight that I wanted to comment on. One, a party was speaking about ... speaking about the campers in the Wal-Mart parking lot. For one I would like to tell you I've been there thirteen years. I've walked across that parking lot all those years. I have never stepped in brown water. I don't have to tiptoe through the parking lot to stay out of the brown water. The other comment I think it was just heard a couple of minutes ago that it's possible that this was a done deal from the beginning. Excuse me. I'd like to thank the Board for four years of hardwork, paperwork, research, board meetings, hours and hours and hours. I never thought for one minute it was a done deal from the beginning. But I am so ready for a Super Wal-Mart. I want to be there on groundbreaking day, so I'd appreciate it if you did pass this permit tonight. Thank you. (applause) SUPERVISOR TUPPER: Is there anyone else? Okay. VITTORIO PANZANELLA: Hi. I'm Vittorio Panzanella from 1770 Route 13, Cortland. A lady just speak right now and I think I should have said something about it. Yesterday morning I was at Wal-Mart myself. I had to go get some stuff that I needed. There was a camper over there — drained their water. You pass my wife for a liar? I saw myself. If you guys like it I'll take a picture next time. Because I went to there every morning to see what's going on. If you guys want me to take a picture I would be very glad to do it. (applause) SUPERVISOR TUPPER: We thank you for your comments this evening, and I'm going to close this public hearing. Now closed. The Public Hearing was closed at 1:00 p.m. The Town Board called a five-minute break before opening the Special Meeting. 11 170 AUGUST 09, 2007 8:05 P.M. SPECIAL TOWN BOARD MEETING Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Planning Board Members, James Bugh and Nick Renzi; Jennifer Wright from Harter Secrest & Emery, LLP.; Steve Cleason from APD Engineering; Kristin Rocco-Petrella, Deputy Town Clerk; Roger & Melody Orlandini, 5729 Hickey Rd., Truxton; Jeannette Keenan, Freeville; Shirley & Robert Bruey, 60 Lincoln Ave., Cortland; John Carroll, 481 Nye Rd., Virgil; Rita & Preston Goslee, 821 N. Lamont, Cortlandville; Catherine Frail, 79 Greenbush St., Cortland; Francis Uhlin, 82 W. Main St., Cortland; George Ottenschot, 4510 NYS Route 281, Cortlandville; Olga Savino, 3307 Walden Oaks Blvd., Cortlandville; Matthew Tupper, 3741 Lyncort Dr., Cortlandville; Tim Robison, 278 McLean Rd., Cortlandville; Marie Spollen, 57 N. Main St., Cortland; Catherine & Donald Smith, 41 Morningside Dr., Cortland; Diane Smith Chu, 41 Morningside Dr., Cortland; Brad Hunt; Mackenie H. (unknown); Anna Mae Artim, 714 McLean Rd., Cortlandville; Lydia Ferro, 710 McLean Rd., Cortlandville; Sandy & Vittorio Panzanella, 1770 Route 13, Cortlandville; Robin Dunham; Martha Ferris; Marie Kautz, Homer; Mary Clare & Matthew Pennello, 820 S. Lamont, Cortlandville; Julia Ganson & David Millett, 1144 Old Stage Rd., Cortlandville; Norm Trigoboff, 7 Calvert St., Cortland; Stephen & Susan Horner, 4 Scammell St., Cortland; Dennis Forehand, 2910 Douglas Rd.; Patricia Roiger 795 N. Lamont, Cortlandville; Elizabeth Brevitt, 15 Morningside Dr., Cortland; Dick Benchley, 4478 Cosmos Hill Rd., Cortlandville; Edwin Triana, 795 N. Lamont, Cortlandville; Sheila G. Cohen, 209 Groton Ave., Cortland;Representatives of C.A.P.E.: Robert & Norma Rhodes, Grace Meddaugh, Jan Thomsen, Pam Jenkins, Ron Powell, Jamie Dangler, Andrea Rankin; Jo Schaffer, City of Cortland Planning Commission; News Reporter, Evan Geibel from the Cortland Standard; News Reporter, Eric Mulvihille from WXHC Radio; and Sharon Stevens for Channel 2, Access TV. SUPERVISOR TUPPER: I'd like to call the Special Meeting of the Cortlandville Town Board to order. And we have a single agenda item this evening. Receive and file a resolution ... no, check that. We have two items. We need to receive and file the Resolution of the Cortlandville Planning Board, July 31, 2007, Wal-Mart Supercenter Recommendations on the Aquifer Protection Permit. COUNCILMAN PROUD: I'll make a motion to receive and file it. COUNCILMAN ROCCO: Second. SUPERVISOR TUPPER: Any discussion? All those in favor? MEMBERS OF THE BOARD: Aye. SUPERVISOR TUPPER: And the other item for this evening is whether or not we want to issue an Aquifer Protection Permit to APD Engineering for the Wal-Mart Superstore. And before we have any discussion I would like to have a motion on the floor. COUNCILMAN ROCCO: I'll move the approval. COUNCILMAN O'DONNELL: I'll second it. SUPERVISOR TUPPER: Okay, we have a motion and that opens it up for discussion. COUNCILMAN ROCCO: I'd like to address this issue first by thanking all of those participants who have gone through this four and a half years or so with us. And everyone has had an opportunity to participate who has wanted to participate. And I would like to thank CAPE, in particular Dr. Rhodes, and everyone involved ... for their comments. And unfortunately, apparently we are the most evil things that have ever walked the earth according to what I've heard this evening. And the four and a half years that we spent working on this has been, you know, just absolutely the worst possible thing that we could possibly ever do. And that we don't 1 1 1 1-7J AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 2 care about the aquifer. I know you know that's not true. All those people that said that are intelligent people and they know it's not so. I would like to ... there's so many issues to cover I'm just going to cover a few of them. Number one. This Board has worked under the direction, although he's no longer with us, of our previous Supervisor of whom this building is named after. And, he was an engineer. He was a man that's been associated with this Town since 1952 and he had agreed that Wal-Mart was not going to build over there unless they had a more than adequate, very expensive, sand filtering system. And they were going to do it, and if not they weren't going to ... we weren't even going to address the issue. The man has just been a stalwart to all of us and we really looked up to him and we're trying to carry that forward. I would say I'm very happy that the building here is named after him. Relative to the discussion about Lime Hollow Road and 281 and that gas station, I believe it had eighteen tanks and diesel. They were going to have a restaurant spewing smoke into the neighborhoods down Lime Hollow. And of course we have a well down there. And we said, you're not going to put this thing in. We don't want any gas stations up in this area. And we fought them, and we did the right thing. I don't know where CAPE was on that. MEMBER OF THE AUDIENCE: Yes you do. COUNCILMAN ROCCO: Please. Thank you. I only interrupted you once. That'll be good. (laughter) We fought that very hard. We took that to court. No gas stations, and we weren't going to allow it. And we also told CAPE — not CAPE, pardon me — we told Wal-Mart at the initiation of this that we did not have nor were we going to have a tire and lube on that location. They eliminated that. There will be no tire and lube. We didn't have any argument about that. Now as far as equating what Wal-Mart will be doing with their operation, with what the gas station was going to be doing having all these tanks full of volatile, butile, help me doctor, you know gasoline, diesel. They had a state of the art system for controlling the flow of water and they had alarm systems that were going to go off. Well, that was not 100% going to be the case and we knew that, and they couldn't say that. Now as far as finding 100% accuracy with anything you're really not going to get it. They were not gonna get that gas station because the potential for all that fuel leaking into the aquifer was just too great a risk. We didn't want it there nor did we — we were gonna fight that all the way to the Supreme Court. That's a lot different than Wal-Mart and the parking lot. Now as far as the significance of this particular piece of property, Wal-Mart was given the right to develop that property under the PUD with a Wal-Mart and the two outparcels. It was suggested by this Board at the conclusion, prior to turning this over to the Planning Board, those greenspaces that were going to be developed and Wal-Mart had every right to develop on those, they were given that right. Mr. Testa suggested at that point in time that' they consider giving one or leaving two of them vacant for greenspace. And they are what, about two acres a piece. An insignificant piece of property. The U.S. Geological Survey, in my understanding from reading their material, that this is really not a significant part of the aquifer to begin with. I read that, and I know that CAPE has their own engineers, and this entire case has been built on CAPE's idea that this is a significant aspect or part, or as Jaime said, the most significant part of the aquifer. That's stretching it. I really, I have problems with that when the U.S. Geological Survey says otherwise. I would like to thank the Town Planning Board. And gee, I thought it was a team effort. But apparently Mr. Renzi wants to take all the credit. And there's plenty of credit to go around, like Kathy Wickwire or Gene Waldbauer or any of the members of the Planning Board that worked on this. And for Mr. Renzi to stand up and pat himself on the back is embarrassing. It's very, very embarrassing. Not only I'm sure to him, but to me and the community in general. This is supposed to be a team. Apparently, you know, I guess if you're the leader of a company you've got to be the leader. PAM JENKINS: ... can we have a timeout from the insults? COUNCILMAN ROCCO: I'm not insulting anyone. I'm telling the truth here and I'm just very, I feel very upset that the man has to pat himself on the back. PAM JENKINS: Can we change the subject? Next issue. COUNCILMAN ROCCO: Yeah, well I have the floor and I'll speak what I say, but I thank you. And I would like to also thank you because I know you have come to many of the 17Z AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 3 meetings, not only on this particular issue but many issues concerning the environment and we do recognize that. As far as the camping, you know allowing the camping, I believe that the Planning Board put a recommendation that that not be allowed. And I don't see why this Town Board would be allowing that. I wouldn't vote for it. And I don't know where you got the idea that the Town Board was going to. As far as accepting all of the provisions by the Planning Board which worked very hard on this, we are prepared to do that as we have done almost 100% if not 100% of the time. I think Wal-Mart has been very good in working with the community. This has been a very difficult time and a trying time for everyone. There has been a lot of hours put into this. This is not a seat of the pants type decision that this Board has to make. One Board has to make this. It's very easy for someone to stand up at the podium and say, well, you know you guys have the responsibility, you should delay this. What are you going to delay it for ten years? Sure, that's exactly what CAPE has been wanting to do and just delay it, delay it, delay it. But in my conversations with real people on the street they're wondering why it's taken so long for this Board and the Planning Board and all the other boards to approve this project. You know, it's just a matter of well that's just the way that it's done. Everyone has to have their say. Well I say everyone has had their say, and I'd like to move this forward and I do it with good conscious. I've lived in this community since 1966. I have had four kids here. I live on the aquifer. I drink the water from the aquifer. I drink a lot of water actually. And I don't have any problems with this. This is tap water, right. We don't have Cortlandville water in a bottle. And I'd like to move this forward and thank everyone who participated. I think we're making the right decision in moving this forward. COUNCILMAN O'DONNELL: Ron, may I make a comment or two in addition to what you said. This goes back a ways. Remember when this was a six parcel .... And due to the reconfiguration of this whole thing and additional greenspace, we went from six outparcels to two. So this was a significant move as well. A sacrifice, if you will, on the way it was originally planned. And that again thanks to the Planning Board and those people that were involved. But that's an important move. So in my opinion, whether we get the other two or not, I don't see that it makes a difference to me. I think that business wise I think we ought to leave it the way it is as far as the two parcels. COUNCILMAN PROUD: There have been recommendations made not only at this meeting but on others that that parcel remain vacant. The parcel, since I've been in Town which was 1972, that parcel has been in private hands and I believe it has been for sale continuously ... which would mean that it could have been purchased but it never has been. And as far as I can tell there's never been a serious effort to purchase it. Therefore it's being developed. Unless it's purchased, and no ones made that suggestion up until I think the last year and a half or two years when we were discussing this, it's going to be developed. In one of our discussions it was suggested to Wal-Mart that they put in monitoring wells so they would know essentially what was coming onto the, into the aquifer on their property and what was needed. Wal-Mart has done that, and I think that's a step that maybe they would have done it anyway, but it's a step to protect the aquifer. As far as I can see, while it's suggested that the property be ... I see no viable effort to do that, in the past or now. There hasn't been a suggestion that the City, which gets its water down flow from here, get together with the County and the Town and do that. ... It hasn't been done and we've got a project that's been under discussion for four years. I don't see any point in delaying a decision any further. As far as ... Ron mentioned guarantees. I don't know of a 100% guarantee. I've never heard of it. Risk management I think would tell you that you can discuss risk and decide on the levels of risk. Some risks are greater than others. I think we have done everything we can to minimize the risks. I say it's, it's time to move on. I'm comfortable with moving on. COUNCILMAN TESTA: I'd just like to say that John Folmer was present, myself and Mr. Thorpe. Rocco touched on it about the sand filtering system and I'm a 100% sure that Ray would say yes to this ... system and vote yes on this project. This is the most important thing, as far as I'm concerned, of the whole process is this sand filtering system. That's all I have to say. SUPERVISOR TUPPER: Thank you. I think there are some people that need to be thanked. And John Carroll thanked some of them, but I certainly want to thank the Town Board, despite comments that were made this evening by unnamed individuals. This Board has spent diligently hundreds, if not thousands of hours in the last four years to make this project as safe as humanly possible. There are no 173 AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 4 guarantees in this life. This project currently meets or exceeds every single federal, state, county, town, every single — everyone has agreed. Nobody has given us any opposition to the aquifer protection on this plan except for a group of citizens who call themselves CAPE. Significant? The most significant? How does 33-acres in a million acre aquifer; how does 33-acres become the most valuable piece of land in the world? This is 30-acres. I have 400-acres in the Lime Hollow nature preserve that's never going to be developed. That sits over the aquifer. You're not looking at this — this is a tiny little piece of land. You're not looking at this thing and the big picture. Development. I'll tell you something about development. If we don't have development this community is gonna die. You've got your young people in this community now that have no place to work, no place to shop, they have nothing to do, and you're trying to tell us that we can't have development. We don't need development. Let's put development down in Polkville. Well let me tell you the developers don't want to go to Polkville. They want to go into the main business district which is the Route 13/Route 281 corridor. And in the last four years that we have been working on this project, if you've drive on Route 13 in Ithaca there are about eight or nine big box stores, and you can't go to one of those stores on a weekend and not run into several people from this community. And that's our money and it's leaving this town because we've taken so long on this project. And I frankly think we ought to be — Nick has a little bit of right — we should be embarrassed it took us four years. We should be. We should have done this in a year or two years. It is absolutely embarrassing that we dragged this thing out. It wasn't the Town Board that dragged it out. Trust me. This would have passed. That store would have been built, opened. Other stores probably will come into the community. There will be further growth in the community. And Cortlandville is going to continue to grow. If you want your property taxes to skyrocket, I can guarantee you that if you stop development the only people in this area that are gonna pay taxes are the homeowners. And you don't want to pay the taxes that are being generated. We need development. We need new stores. We need new industries. We need taxes. We need people that have multi -million dollar assessments on buildings. That's the only way we're going to survive. And to sit back and say that we should have no development is just unrealistic. If you want to sit back and watch Cortland die — I was born in this Town fifty years ago — there is the same population in Cortland today, actually a little less than it was fifty years ago. The whole rest of the country is booming. The population has gone from 200 to 300 million people and yet we haven't grown a bit ... PAM JENKINS: So why do you think we need a Wal-Mart ... SUPERVISOR TUPPER: ... And we have to grow. If we don't start growing ... (discussion in the audience) Pam, I didn't interrupt you. I'd appreciate it if you wouldn't interrupt me. Okay. And I don't need any timeout signs either. This community needs growth. We need a future. And this Board has been very, very good at looking at it. As far as REROB is concerned, you heard what Ron said, they were talking about twelve in -ground fuel tanks. They were talking about diesel fuel. You're sitting here and trying to tell me that somebody's dripping oil in their car has the same effect on the aquifer as having 20,000 of diesel fuel in the ground that leak. And you took no position on REROB because that didn't have any affect on you. You took no position, and yet you're sitting here and telling me that because of the parking lot of Wal-Mart that we're gonna destroy the aquifer. Well, that's not true. There is no scientific data, none, anyplace, that says that this store is gonna pollute the aquifer or that that piece of land is so vital to this community. There is no — I'll say it again — no scientific evidence whatsoever, none. And we have talked to experts. We have local experts. Dr. Bugh is well known ... I've read his documents. Jaime kinda forgets when she talks about the aquifer's value is that the water that flows into the aquifer comes off the seven hills. It doesn't come out of the ground. It comes off those hills and it runs into the aquifer. Otter Creek is a tiny little part of the feeder for the aquifer. A tiny little part. And Dr. Bugh has sent comments out — I've read some of them. He sent me some very interesting stuff showing me scientifically how the water flows — it flows off those hills. You have a better chance of getting pollution off the hills from what people are putting on their lawns than from what's going on in that Wal-Mart store. And I think some of you ought to be ashamed for making the comments that you've been making about the pollution. I really think you ought to be ashamed. Jo Schaffer is sitting here and telling me that I shouldn't develop the Town of Cortlandville and yet the City of Cortland sits over the same aquifer I do and they allow 100% coverage. 17H AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 5 JO SCHAFFER: No we don't. SUPERVISOR TUPPER: You've got one going on right now on the corner of Main Street and Tompkins Street that is going to have 100% lot coverage. And you're sitting here screaming at me because I've only got 40% greenspace. And I'm sorry Jo. You know, you're ingenuous when you yell at me when you're doing the same thing in City. JO SCHAFFER: ... I was not yelling ... I presented in a calm and orderly fashion. SUPERVISOR TUPPER: Well thank you, but you were still ingenuous in your comments. Clough Harbour. For those of you that don't know we hired Clough Harbour, and I would guess if you asked the people at... APD Engineering what they think about Clough Harbour, you probably wouldn't get the same comments that Mr. Renzi gave. Clough Harbour rode them for three years. The comments that went back and forth between those two companies and the incredible amount of work that they spent to make this project better, and better, and better. And who Clough Harbour has, since they're one of the largest engineering firms in the country, the fact that Lowe's is a customer of theirs has no bearing on how they treat this project. Those kinds of comments ... no bearing either. Clough Harbour worked for us. They represented us and they represented us well, and I want to thank Scott for that. We do appreciate it. I'm sorry I wasn't going to say anything tonight, but I'm getting frustrated by sitting up here and being talked to by people that don't understand exactly what's going on in the world. COUNCILMAN ROCCO: Dick, I'd like to personally thank you for your leadership on this whole issue. SUPERVISOR TUPPER: Thank you. As far as my vote is concerned, I have been on the fence on Wal-Mart from the very beginning until the project was right. And all of the things that the County has asked for, and the Town has asked for, Wal-Mart has agreed to. All of the federal and state agencies have signed off on this project. The Planning Board — County and Town — have signed off on this project. A Planning Board in this Town that could not even make a recommendation because they couldn't get three people to support it six months ago. They voted unanimously to send this request telling us that we should approve this. So that ought to tell you that the Planning Board is obviously sold that this is a good project. And I for one intend to vote in favor of it. And bearing no other comments, I'm going to call for a vote. ATTORNEY FOLMER: ... Do you want to hear the resolution? SUPERVISOR TUPPER: Yes. John, would you like to read the resolution? ATTORNEY FOLMER: Is this thing on? TOWN CLERK SNYDER: Yes. ATTORNEY FOLMER: Is it? I drafted a resolution with the help of Clough Harbour and the applicant's engineers. The first part of it is the historical, chronological, review of the dates and so forth that have brought us here this evening. The resolution itself ... the resolved part of the resolution reads as follows, and it's lengthy, so bear with me. And before I start, where's John Carroll. Thank you very much. Unnecessary but appreciated. Be it resolved as follows: 1. This Board hereby issues an Aquifer Protection Permit subject to the following conditions: a. The Applicant shall provide the following documentation to the Town Board or its designee for its final review and approval: (1) updated stormwater management system calculations, (2) updated stormwater management system maintenance plan, (3) updated Spill Response Plan, (4) updated Spill Prevention, Control and Countermeasures (SPCC), and (5) a sampling and analysis/groundwater monitoring plan. 1-7S- AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 6 b. The Applicant shall comply with the recommendations provided by Clough Harbour & Associates, LLP in a letter dated July 27, 2007, with the following exceptions: In the event that after five (5) years, the Town of Cortlandville has not required new development projects to complete groundwater monitoring to the extent Wal-Mart has been required to complete such monitoring and there is no significant impact to the groundwater quality, Wal-Mart's monitoring requirements shall cease; ii. In the event the Town amends its Aquifer Protection District regulations to require groundwater monitoring for future development and such monitoring requirements are less extensive than that required of Wal-Mart, Wal-Mart shall be permitted to comply with the requirements of the Aquifer Protection District regulations as amended; and iii. To the extent Clough Harbor & Associates, LLP, after consultation with the Town Board, finds it appropriate in its professional opinion to waive or amend its recommendations as set forth in the July 27, 2007 letter, such waiver or amendment shall not be deemed a violation of the conditions set forth in this Paragraph 1(b). c. The six sampling wells to be located on the Property shall be tested in accordance with an approved testing protocol to be established by the Town of Cortlandville for this Project and for all future development in the Town of Cortlandville, which shall include testing frequency, contaminants to be tested for, test procedure, testing agency/responsibility, presentation of test results, comparison to EPA/New York State limits for contaminants tested for, report distribution and action, if required. d. At such time as the Town Board issues an Aquifer Protection Permit for the Project, the stormwater management system for the Project shall conform to the Code Section XVI, Stormwater Management and Erosion and Sedimentation Control. e. In the event that the stormwater management system for the Project fails to perform to New York State Department of Environmental Conservations' effluent standards and Wal-Mart is found to be the source of the pollutant, as evidenced by test results obtained from the sampling wells, the cost of any such remediation efforts shall be the responsibility of Wal-Mart. f. Wal-Mart shall perform inspection of the stormwater management system components, such as the pumping system and the sand filter loading in April and October of each year and provide written reports to the Town Board, upon request. The Town reserves the right to inspect the stormwater management system and to conduct water quality monitoring on the stormwater system, subject to the Town and Wal-Mart entering into a mutually acceptable access easement and maintenance agreement whereby the Town indemnifies Wal- Mart and provides proof of insurance. g. Wal-Mart must provide a complete set of as built drawings of the stormwater management system to the Town Board, Planning Board and Clough Harbour and Associates. h. That the driveway entrance between this proposal and the Cortlandville Crossing property be constructed to the property line and of a sufficient width to accommodate two-way traffic. i. NYS Department of Transportation (DOT) curb cut permits being obtained for the realignment of Bennie Road and its new intersection with NYS Route 13 including the provisions being made for the necessary improvements to the State right -of way. 17( AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 7 j. The realignment of Bennie Road being built to Town road specifications, its design being approved by the Town Highway Superintendent including all proposed improvements (sidewalks, guiderail, crosswalks, etc.) and acceptance of the realigned Bennie Toad by the Town as a town road. k. Town Highway Superintendent approval of the new intersection of the relocated Bennie Road and the existing Bennie Road. 1. Town Highway Superintendent approval of all new driveway entrances on the relocated Bennie Road. in. A crosswalk being added to the westernmost driveway entrance to the proposed development to allow pedestrian accessing the site from the crosswalk on NYS Route 13 to be able to access the sidewalk to the east of this driveway entrance which leads to the proposed building. n. The Town's acceptance of the 18,000 square foot lot immediately southwest of the proposed relocated Bennie Road/NYS Route 13 intersection, which is proposed to be included as part of the relocated Bennie Road right-of-way and therefore would be dedicated to the Town. o. The applicant either provide a wider driving area to the east of the building to allow vehicles to have a larger turning radius to access the drive thru area or provide signage on site directing drive-thru traffic to access this area via the westernmost driveway entrance and around the rear of the building to avoid making a U turn to access the drive thru. p. A gate or break in the guiderail being provided in order to provide access for maintenance of the stormwater basin. q. The Applicant prepare and receive approval of a more detailed stormwater pollution prevention plan and operation and maintenance plan to ensure that it meets the requirements of the NYS Stormwater Management Design Manual. r. The Town's acceptance of the location of the four groundwater monitoring wells and the groundwater monitoring plan for the site upon the stormwater system for the site being finalized. s. The snow storage area in the southeast corner of the site being removed from the site plan as it is inaccessible due to the location being behind the proposed masonry wall and because snow storage in this area would not go through the stormwater treatment system. t. Snow storage being located in areas which ensure that all snow melt goes through the stormwater management system. u. The Town's acceptance of the Spill Response Plan and Spill Prevention, Control and Countermeasures Plan for the site addressing not only storage of pesticides/fertilizers in unopened containers, but also any regular use of pesticides/fertilizers on site and the capture and management of "wash off' from the garden center. v. Approval of the landscaping plan for the site and the architectural design/features of the proposed building/features of the proposed building per the Town's Design and Development Guidelines, if applicable. w. The Town weighing the benefit of exceeding the maximum permitted number, height and size of the signs to the applicant vs. the health, safety, and welfare of the community/neighborhood as is required before any bulk variance may be granted. x. The proposed ground sign must be able to accommodate the signage for the two outparcels so that additional ground signs are not necessary for this development in the future. 1 -77 AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 8 y. The applicant demonstrating that there are unnecessary hardships in the way of carrying out the strict letter if the Zoning Local Law of the Town of Cortlandville to allow the building mounted signs to be illuminated as is required before any use variance may be granted. z. The Applicant applying to the Town of Cortlandville/Cortland County Health Department for connections to the public water and sewer including an application for a back flow prevention device for the public water supply connection. Those conditions we included in the resolution before I heard your comment about camping. And I don't know whether you want to include — are you instructing me to put in here a condition that the applicant prohibit camping on the site? COUNCILMAN ROCCO: I would like to move that. COUNCILMAN TESTA: I second it. ATTORNEY FOLMER: Okay, then we'll add a condition to that effect that the applicant will prohibit camping on the site. COUNCILMAN ROCCO: I'm thinking about that for the Walden residence as well as this brown water that was mentioned and other issues. ATTORNEY FOLMER: So we'll add that as an additional condition that will be z-a or whatever letter I can think of that comes after z. Mart. COUNCILMAN ROCCO: Which also includes truck, tractor -trailers that are not Wal- ATTORNEY FOLMER: No camping or ... COUNCILMAN ROCCO: Tractor -trailers. ATTORNEY FOLMER: ... parking of tractor -trailers. COUNCILMAN ROCCO: Right, unless they're Wal-Mart. ATTORNEY FOLMER: Okay. Unless Wal-Mart. Now I also, before you vote on this, assuming that you're prepared to do so, I need to tell you that at your instruction I did in fact communicate on behalf of Mr. Tupper with Ms. Pronti on behalf of Wal-Mart and requested once again that the two outparcels be left as greenspace. And I pointed out to them, as has been pointed out to me, that both of us would suffer. Both the Town and the applicant would suffer some sort of economic loss if they were to take place. I did not hear until this evening that they have declined to grant that request. I would also tell you that when you approved the PUD, you approved it with the two outparcels in it — two down from six. I have a serious question as to whether or not you could compel that donation of land because I think we approved it already and I don't think you can compel that, once you approve that zoning designation I think you're locked into that. And whether or not they would donate those two parcels is entirely gratuitous on their part and they have declined to do so. SUPERVISOR TUPPER: Thank you John. John, does that take in all of the County and the Town's recommendations? ATTORNEY FOLMER: I believe that it does. SUPERVISOR TUPPER: Does anybody have any questions? Are we ready to vote? All those in favor? COUNCILMAN TESTA, COUNCILMAN ROCCO, COUNCILMAN O'DONNELL, COUNCILMAN PROUD: Aye. SUPERVISOR TUPPER: Opposed? Thank you. Motion carries. This meeting is adjourned. 1�8 AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 9 RESOLUTION 9164 RESOLUTION OF THE TOWN OF CORTLANDVILLE TOWN BOARD AUGUST 9, 2007 WAL-MART SUPERCENTER ISSUANCE OF AQUIFER PROTECTION PERMIT FOR WAL- MART PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Proud Aye ALL AYE ADOPTED WHEREAS, Wal-Mart Real Estate Business Trust has proposed to construct a Wal-Mart Supercenter (the "Supercenter" or "Project") on 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 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 February 21, 2005, Wal-Mart Real Estate Business Trust submitted an Aquifer Protection Permit application, which was amended ftom time to time thereafter to the Town of Cortlandville. WHEREAS, on November 29, 2006 Wal-Mart Real Estate Business Trust assigned the PUD Application and Aquifer Protection Permit 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"; and 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 December 6, 2006, the Town Board referred the Aquifer Protection Permit Application to the Town of Cortlandville Planning Board and the Cortland County Planning Board as required by Section 178-48 of the Town of Cortlandville Town Code; 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 would not have any adverse environmental impacts that could not be mitigated; and WHEREAS, on March 6, 2007, at a regularly scheduled meeting, the Town Board after much consideration issued a resolution approving the PUD Application and designating the Property as a Commercial PUD; and WHEREAS, on May 31, 2007 the Planning Board referred the site plan, aquifer protection district special permit, subdivision, bulk variance and use variance to the Cortland County Planning Board pursuant to General Municipal Law Section 239-m and 239-n; and WHEREAS, on June 15, 2007, at a regularly scheduled meeting, the Cortland County Planning Board reviewed the Wal-Mart application for site plan, aquifer protection district special permit, subdivision, bulk variance and use variance and by way of resolution recommended approval of the Wal-Mart application subject to satisfaction of certain conditions set forth in its resolution; and WHEREAS, as part of the Aquifer Protection Permit, the Applicant met with Ellen Hahn of the NYSDEC, Patrick Reidy, John Helgren, Town Staff and Clough Harbour Associates, LLP, the Town's hired engineer to discuss the proposed stormwater system; and WHEREAS, on May 31, 2007, Clough Harbour and Associates, LLP issued a comment letter on the site plan, including the proposed stormwater system; and 1 1.79 AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 10 WHEREAS, based on comments received from the Planning Board, other Town agencies and the Town's consultants, on July 12, 2007, APD Engineering submitted revised site plans and issued a response letter to the comments set forth in Clough Harbour and Associates, LLP letter dated May 31, 2007; and WHEREAS, on July 31, 2007, at a regularly scheduled meeting, by way of resolution the Town of Cortlandville Planning Board issued site plan and subdivision approval for the Proposed Project and issued a positive recommendation on the Aquifer Protection Permit subject to satisfaction of certain conditions set forth in its resolution; and WHEREAS, on August 9, 2007, at a special meeting, the Town Board held a duly noticed public hearing on the Aquifer Protection Permit; and WHEREAS, on August 9, 2007, at a special meeting, the Town Board reviewed the Town of Cortlandville Planning Board's and the County Planning Board's resolutions and recommendations, revised site plans, Clough Harbour's letter dated May 31, 2007 and APD Engineerings's letter dated July 12, 2007. NOW, THEREFORE, BE IT RESOLVED THAT: 1. This Board hereby issues an Aquifer Protection Permit subject to the following conditions: a. The Applicant shall provide the following documentation to the Town Board or its designee for its final review and approval: (1) updated stormwater management system calculations, (2) updated stormwater management system maintenance plan, (3) updated Spill Response Plan, (4) updated Spill Prevention, Control and Countermeasures (SPCC), and (5) a sampling and analysis/groundwater monitoring plan. b. The Applicant shall comply with the recommendations provided by Clough Harbour & Associates, LLP in a letter dated July 27, 2007, with the following exceptions: In the event that after five (5) years, the Town of Cortlandville has not required new development projects to complete groundwater monitoring to the extent Wal-Mart has been required to complete such monitoring and there is no significant impact to the groundwater quality, Wal-Mart's monitoring requirements shall cease; ii. In the event the Town amends its Aquifer Protection District regulations to require groundwater monitoring for future development and such monitoring requirements are less extensive than that required of Wal-Mart, Wal-Mart shall be permitted to comply with the requirements of the Aquifer Protection District regulations as amended; and iii. To the extent Clough Harbor & Associates, LLP, after consultation with the Town Board, finds it appropriate in its professional opinion to waive or amend its recommendations as set forth in the July 27, 2007 letter, such waiver or amendment shall not be deemed a violation of the conditions set forth in this Paragraph 1(b). c. The six sampling wells to be located on the Property shall be tested in accordance with an approved testing protocol to be established by the Town of Cortlandville for this Project and for all future development in the Town of Cortlandville, which shall include testing frequency, contaminants to be tested for, test procedure, testing agency/responsibility, presentation of test results, comparison to EPA/New York State limits for contaminants tested for, report distribution and action, if required. AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 11 d. At such time as the Town Board issues an Aquifer Protection Permit for the Project, the stormwater management system for the Project shall conform to the Code Section XVI, Stormwater Management and Erosion and Sedimentation Control. e. In the event that the stormwater management system for the Project fails to perform to New York State Department of Environmental Conservations' effluent standards and Wal-Mart is found to be the source of the pollutant, as evidenced by test results obtained from the sampling wells, the cost of any such remediation efforts shall be the responsibility of Wal-Mart. f. Wal-Mart shall perform inspection of the stormwater management system components, such as the pumping system and the sand filter loading in April and October of each year and provide written reports to the Town Board, upon request. The Town reserves the right to inspect the stormwater management system and to conduct water quality monitoring on the stormwater system, subject to the Town and Wal-Mart entering into a mutually acceptable access easement and maintenance agreement whereby the Town indemnifies Wal- Mart and provides proof of insurance. g. Wal-Mart must provide a complete set of as built drawings of the stormwater management system to the Town Board, Planning Board and Clough Harbour and Associates. h. That the driveway entrance between this proposal and the Cortlandville Crossing property be constructed to the property line and of a sufficient width to accommodate two-way traffic. i. NYS Department of Transportation (DOT) curb cut permits being obtained for the realignment of Bennie Road and its new intersection with NYS Route 13 including the provisions being made for the necessary improvements to the State right -of way. j. The realignment of Bennie Road being built to Town road specifications, its design being approved by the Town Highway Superintendent including all proposed improvements (sidewalks, guiderail, crosswalks, etc.) and acceptance of the realigned Bennie Toad by the Town as a town road. k. Town Highway Superintendent approval of the new intersection of the relocated Bennie Road and the existing Bennie Road. 1. Town Highway Superintendent approval of all new driveway entrances on the relocated Bennie Road. m. A crosswalk being added to the westernmost driveway entrance to the proposed development to allow pedestrian accessing the site from the crosswalk on NYS Route 13 to be able to access the sidewalk to the east of this driveway entrance which leads to the proposed building. n. The Town's acceptance of the 18,000 square foot lot immediately southwest of the proposed relocated Bennie Road/NYS Route 13 intersection, which is proposed to be included as part of the relocated Bennie Road right-of-way and therefore would be dedicated to the Town. o. The applicant either provide a wider driving area to the east of the building to allow vehicles to have a larger turning radius to access the drive thru area or provide signage on site directing drive-thru traffic to access this area via the westernmost driveway entrance and around the rear of the building to avoid making a U turn to access the drive thru. p. A gate or break in the guiderail being provided in order to provide access for maintenance of the stormwater basin. L8 1 AUGUST 09, 2007 SPECIAL TOWN BOARD MEETING PAGE 12 q. The Applicant prepare and receive approval of a more detailed stormwater pollution prevention plan and operation and maintenance plan to ensure that it meets the requirements of the NYS Stormwater Management Design Manual. r. The Town's acceptance of the location of the four groundwater monitoring wells and the groundwater monitoring plan for the site upon the stormwater system for the site being finalized. s. The snow storage area in the southeast corner of the site being removed from the site plan as it is inaccessible due to the location being behind the proposed masonry wall and because snow storage in this area would not go through the stormwater treatment system. t. Snow storage being located in areas which ensure that all snow melt goes through the stormwater management system. u. The Town's acceptance of the Spill Response Plan and Spill Prevention, Control and Countermeasures Plan for the site addressing not only storage of pesticides/fertilizers in unopened containers, but also any regular use of pesticides/fertilizers on site and the capture and management of "wash off' from the garden center. v. Approval of the landscaping plan for the site and the architectural design/features of the proposed building/features of the proposed building per the Town's Design and Development Guidelines, if applicable. w. The Town weighing the benefit of exceeding the maximum permitted number, height and size of the signs to the applicant vs. the health, safety, and welfare of the community/neighborhood as is required before any bulk variance may be granted. x. The proposed ground sign must be able to accommodate the signage for the two outparcels so that additional ground signs are not necessary for this development in the future. y. The applicant demonstrating that there are unnecessary hardships in the way of carrying out the strict letter if the Zoning Local Law of the Town of Cortlandville to allow the building mounted signs to be illuminated as is required before any use variance may be granted. z. The Applicant applying to the Town of Cortlandville/Cortland County Health Department for connections to the public water and sewer including an application for a back flow prevention device for the public water supply connection. aa. No overnight parking of camping equipment or delivery trucks shall be permitted on the Property. The Special Meeting was adjourned at 8:50 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 September 5, 2007.