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HomeMy WebLinkAbout08-19-20093z(o AUGUST 19, 2009 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT MCNEIL DEVELOPMENT CO. LLC. 4038 NYS ROUTE 281 TAX MAP #86.09-01-39.000 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 the Aquifer Protection Permit application submitted by McNeil Development Co. LLC, permitting the construction of a 7,500 +/- sq. ft. medical clinic with accessory parking, for property located on the east side of NYS Route 281 and north side of Crestwood Court, tax map #86.09-01-39.000. Members present: Supervisor, Richard Tupper Councilman Ronal. L. Rocco Councilman, John Proud Councilman Gregory Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Theodore V. Testa Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush; Dan McNeil and David McNeil, McNeil Development Co. LLC; Walter Priest, Family Health Network; Representatives from Madison Cortland ARC: Ray Lewandowski, Megan Adams, Jack Campbell, and Teresa Baker; Village of McGraw Mayor, Pam Ross; Cortland County Legislator, Danny Ross; William Stone from Solon; Town residents: Allyn and Joan Davis; Mary and Leo Bush; Carole Card; Barb Leach; Steve Harriger; Mike Smith; Jim Norton; Al Stauber; Jim Caufield; Tim and Connie Neff, News Reporters: Garry W. Herbert, News Talk 870, WHCU, and Ian Boudreau from the Cortland Standard; 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. David McNeil, property owner and applicant, commented that the 7500 sq. ft. medical office building for Family Health Network would coincide with the surrounding area. He added that stormwater runoff would be managed according to Town Code. Councilman Rocco questioned whether there were any residents of Crestwood Court in attendance who wished to speak. Although no one came forward to speak, Councilman Rocco stated that he spoke with a resident who was concerned with potential uses for the site in the past. The resident was pleased with the proposed use for a medical office. No further comments or discussion were heard. The Public Hearing was closed at 5:05 p.m. ri LJ 3Z7 AUGUST 19, 2009 5:05 P.M. PUBLIC HEARING NO.2 BONDING FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT IN THE TOWN OF CORTLANDVILLE (POLKVILLE—NYS ROUTE 11/ROUTE 41) 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 increase and improvement of facilities of the Townwide Water District (Polkville), in the Town of Cortlandville. Members present: Supervisor, Richard Tupper Councilman Ronal. L. Rocco Councilman, John Proud Councilman Gregory Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Theodore V. Testa Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush; Dan McNeil and David McNeil, McNeil Development Co. LLC; Walter Priest, Family Health Network; Representatives from Madison Cortland ARC: Ray Lewandowski, Megan Adams, Jack Campbell, and Teresa Baker; Village of McGraw Mayor, Pam Ross; Cortland County Legislator, Danny Ross; William Stone from Solon; Town residents: Allyn and Joan Davis; Mary and Leo Bush; Carole Card; Barb Leach; Steve Harriger; Mike Smith; Jim Norton; Al Stauber; Jim Caufield; Tim and Connie Neff; News Reporters: Garry W. Herbert, News Talk 870, WHCU, and Ian Boudreau from the Cortland Standard; 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. Danny Ross, Cortland County Legislator, District 12-1 and 12-2, thanked the Board for bringing public water to Polkville, which would be welcomed by business owners. Business owners would be able to add sprinkler systems to the buildings, which would lower insurance costs. He also mentioned that lot sizes could also be smaller. An unidentified man in attendance questioned whether fire hydrants would be installed, and whether water pressure would be a problem to Conable Ave. or Rural Ave. Supervisor Tupper explained that the Fire Department determines the distance between hydrants, which according to Highway Sup't. Bush was normally 500' apart. Supervisor Tupper did not believe that water pressure should be a concern because the water would most likely be coming from the City water tower located near the Ted Testa Park where the elevation is high. Supervisor Tupper apprised those in attendance that the Town was fortunate to receive one of the first stimulus packages from the federal government. The USDA would give the Town approximately $1.1 million in stimulus grant money, which was over 50% of the total cost of the project. The remaining portion of the money would come in the form of a low interest rate loan (2.65%) spread out over 38 years. Supervisor Tupper stated that Exit 10 was one of the least developed exits off Interstate 81. The Board was optimistic that with public water available more businesses would be interested in building in Polkville. Councilman Rocco agreed and stated that the Town has been interested in bringing public water to Polkville for a long period of time. Public water would be an asset to Polkville and perhaps in the future to McGraw if necessary. He added that if pressure was a problem in the future the Town could install a pump station. No further comments or discussion were heard. The Public Hearing was closed at 5:13 p.m. 3 2.8 AUGUST 19, 2009 5:13 P.M. TOWN BOARD MEETING 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 Tupper Councilman, Ronal L. Rocco Councilman, John Proud Councilman, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Theodore V. Testa Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush; Dan McNeil and David McNeil, McNeil Development Co. LLC; Walter Priest, Family Health Network; Representatives from Madison Cortland ARC: Ray Lewandowski, Megan Adams, Jack Campbell, and Teresa Baker; Village of McGraw Mayor, Pam Ross; Cortland County Legislator, Danny Ross; William Stone from Solon; Town residents: Allyn and Joan Davis; Mary and Leo Bush; Carole Card; Barb Leach; Steve Harriger; Mike Smith; Jim Norton; Al Stauber; Jim Caufield; Tim and Connie Neff; News Reporters: Garry W. Herbert, News Talk 870, WHCU, and Ian Boudreau from the Cortland Standard; Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of June 30, 2009. All voting aye, the motion was carried. RESOLUTION #125 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #537 - 565 $ 14,767.62 General Fund B B 176 - B 185 $ 8,710.91 Highway Fund DB D299 - D317 $ 7,043.08 Trust & Agency T27 - T27 $ 1,059.54 Capital Project H5 - H-5 $ 31.01 Water Fund W204 - W220 $118,563.21 Sewer Fund S75 - S84 $ 92,100.56 The monthly report of the Town Justice for the month of July 2009 was on the table for review and is filed in the Town Clerk's Office. Supervisor Tupper requested the Board discuss the two "Old Business" items on the agenda first. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by McNeil Development Co. LLC. for property located at 4038 NYS Route 281. RESOLUTION #126 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2009 SUBMITTED BY MCNEIL DEVELOPMENT CO. LLC FOR PROPERTY LOCATED AT 4038 NYS ROUTE 281 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED 3Z9 AUGUST 19, 2009 TOWN BOARD MEETING PAGE 2 WHEREAS, an Aquifer Protection Permit application was submitted by McNeil Development Co. LLC to permit the construction of a 7,500 +/- sq. ft. medical clinic with accessory parking, for property located on the east side of NYS Route 281 and north side of Crestwood Court, tax map #86.09-01-39.000, 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 McNeil Development Co. LLC, Aquifer Protection Permit #1 of 2009, shall have no significant environmental impact. RESOLUTION #127 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #1 OF 2009 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #1 of 2009, submitted by McNeil Development Co. LLC. RESOLUTION #128 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2009 SUBMITTED BY MCNEIL DEVELOPMENT CO. LLC FOR PROPERTY LOCATED AT 4038 NYS ROUTE 281 SUBJECT TO CONDITIONS Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #1 of 2009, submitted by McNeil Development Co. LLC, permitting the construction of a 7,500 +/- sq. ft. medical clinic with accessory parking, for property located on the east side of NYS Route 281 and north side of Crestwood Court, tax map #86.09-01-39.000, subject to the following conditions from the Town and County Planning Boards: 1. A stormwater pollution prevention plan being developed for the site per the Town's stormwater ordinance as there would be more than 10,000 sq. ft. of impervious surface on the site. This stormwater pollution prevention plan shall be designed so as to not adversely impact the drainage system of the adjoining roads and to handle any snow storage on site. 2. The applicant's re -submittal of the site plan to the Town showing the latest NYS Department of Transportation (DOT) proposed right-of-way for the NYS Route 281 reconstruction project in order to adequately assess any impacts that the proposed development may have on the new highway facilities. The applicant obtaining written approval of the Town Highway Superintendent for the proposed curb cuts, including details of construction, onto Crestwood Court. 4. That existing trees along the eastern property line remain, as they serve as a buffer to the adjacent residential property. 330 AUGUST 19, 2009 TOWN BOARD MEETING PAGE 3 5. The proposed lighting for the site being directed in a downward manner and away from surrounding properties so as to not adversely impact these properties. 6. The Town weighing the benefit of the reduced parking space size and lot area to the applicant vs. health, safety, and welfare of the community/neighborhood as is required before any bulk variance may be granted. 7. The applicant securing the written approval from the Cortland County Airport Manager that the maximum elevations and locations of the proposed development, including proposed landscaping, will not penetrate the approach surfaces to Runway 24 at the Cortland County Airport. 8. The applicant obtaining approval of the connections to the public water and public sewer from the County Health Department via application to the Town. 9. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. With regard to the increase and improvement of facilities of the Townwide Water District (Polkville), Attorney Folmer requested the Board adopt the Resolution and Order after Public Hearing, as well as the actual Bond Resolution. RESOLUTION #129 ADOPT RESOLUTION AND ORDER AFTER PUBLIC HEARING FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT IN THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Rocco VOTES: Supervisor Tupper Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye Councilman Testa Absent ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town Board" and "Town", respectively), in the County of Cortland, New York, on behalf of the Townwide Water District (herein called the "District"), in the Town, has caused Clough Harbour & Associates LLP, engineers duly licensed by the State of New York (the "Engineer") to prepare a preliminary map and plan for the increase and improvement of facilities of the District, consisting of a waterline extension to Polkville along NYS Route 11 and Route 41, including ancillary work in connection therewith; and pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map and plan for said increase and improvement of facilities of the District and has estimated the cost thereof to be $2,155,300; and WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on August 19, 2009 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law and other applicable law; and WHEREAS, such public hearing was duly held by the Town Board on this 19th day of August, 2009 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and 331 AUGUST 19, 2009 TOWN BOARD MEETING PAGE 4 WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project will not result in any significant adverse environmental impacts and a negative declaration has been adopted by the Town Board; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $2,155,300; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $2,155,300 bonds of the Town, and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same to pay the principal of and interest on said bonds; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Cortland County within ten (10) days after adoption thereof. RESOLUTION #130 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED AUGUST 19, 2009, APPROPRIATING $2,155,300 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT, AND AUTHORIZING THE ISSUANCE OF $2,155,300 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Motion by Councilman Proud Seconded by Councilman Rocco VOTES: Supervisor Tupper Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye Councilman Testa Absent ADOPTED WHEREAS, following preparation of a map and plan and an estimate of cost for the increase and improvement of facilities of the Townwide Water District (herein called the "District"), in the Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, and after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $2,155,300 for the increase and improvement of facilities of the District, consisting of a waterline extension to Polkville along NYS Route 11 and Route 41, including ancillary work in connection therewith. The estimated 337- AUGUST 19, 2009 TOWN BOARD MEETING PAGE 5 maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,155,300 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $2,155,300 bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same to pay the principal of and interest on said bonds. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $2,155,300 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 1 of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution, or for expenditure made on or prior to the effective date if a prior declaration of intent to issue bonds has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3 33 AUGUST 19, 2009 TOWN BOARD MEETING PAGE 6 (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The Cortland Standard, " a newspaper having a general circulation in said Town, which is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 8 1. 00 of the Local Finance Law of the State of New York. Attorney Folmer excused himself from the meeting at 5:20 p.m. Supervisor Tupper recalled that at the August 5, 2009 Town Board Meeting the Board invited the public and representatives of the Madison -Cortland ARC to discuss the proposed community residence to be located at 3087 Route 215 in the Town of Cortlandville. Supervisor Tupper introduced Ray Lewandowski from the Madison -Cortland ARC and offered him privilege of the floor. Ray Lewandowski, Executive Director of the Madison -Cortland ARC, apprised the Board there are 14 community residences between Madison and Cortland County. The ARC is a not -for -profit agency that receives funding from the State. He stated the ARC was hoping to end the "arduous task" of finding property to develop because of over -saturation in certain areas. Mr. Lewandowski explained that the proposed site, located at 3087 Route 215, was not only for sale, but could be renovated to meet the standards the State insists on, as well as the consumer needs. He stated he was aware of concerns that neighbors have, but found it "a -typical ... in Cortland that people understand here better because they are familiar with places like the Murray Center, the Racker Center, and the ARC for many years." The goal of the ARC was to help people fit into the community by giving them their own places to live, helping them work in the community, get medical services, and participate in volunteer services. Mr. Lewandowski apprised the Board the ARC went door-to-door distributing information regarding the ARC and received feedback from residents, both positive and negative. While aware that ARC is required by law to inform the municipality of a proposed residence, he stated it was also an issue of saturation and the number of homes in an area. Overall, Mr. Lewandowski stated the ARC was a good neighbor. A handout was provided to the Board regarding the program, which included the 2008 annual report of the ARC and information regarding the agency. Councilman Rocco discussed his experiences as a neighbor to one of the ARC homes. Although minor problems may occur once in a while, his overall experience was positive. He commented that while the Board could suggest another location for the facility, the Board does not have the authority to say "no." Allyn and Joan Davis, direct neighbors to the proposed ARC site on Route 215, apprised the Board that after extensive conversations with Mr. Lewandowski, they were happy to welcome the ARC to their neighborhood. Teresa Baker commented that her 38 year -old sister is a consumer of the ARC. Her sister lives, works, and volunteers in the community. She stated that the ARC is a good neighbor — every time she visits the home the grass has been mowed and the hedges are trimmed. During the holidays lights are hung outside. Ms. Baker stated the ARC residences are homes rather than institutions, and felt that more homes were needed. Supervisor Tupper offered privilege of the floor to Town resident, Steve Harriger. Steve Harriger presented the Board with photos and a three -page petition from residents of the Village of McGraw/Town of Cortlandville regarding the flooding of Smith Brook. Mr. Harriger stated there was "a serious problem" with flooding of Smith Brook along McGraw Marathon Road, including parts of the Town of Solon, Town of Cortlandville and Village of McGraw. When there is a significant amount of rainfall, the water velocity of the Brook turns into a "raging river." Trees coming down through the gorges are also creating problems. For 3 3' AUGUST 19, 2009 TOWN BOARD MEETING PAGE 7 example, he informed the Board that the 4-foot willow tree from his yard was now located seven houses away near Mr. Smith's property. Mr. Harriger requested the Town of Cortlandville join forces with the Village of McGraw and Town of Solon to develop a solution to the problem with Smith Brook. Supervisor Tupper informed Mr. Harriger that he spoke with the County Deputy Highway Sup't., the Town Highway Sup't., and several other public officials regarding Smith Brook. The County was working on flood mitigation, however the waterways do not belong to the County, the Town or the Village. The County/Town/Village has liability problems, and because the brook runs through private property the Town cannot "put manpower or equipment into the brooks." Supervisor Tupper apprised those in attendance that the Soil & Water Conservation District has flood mitigation. He offered to put property owners in contact with the appropriate people that could help with the problem. According to the SWCD, it was a natural occurrence for trees to wash down the stream. Supervisor Tupper stated it was an "awkward situation." He did not want the residents to think that the Town did not want to help, but legally could not go on private property to remedy the situation. Waterway easements could be obtained from every resident along the brook, which would take a considerable amount of legal work. Mike Smith, Town resident, read a letter aloud from the United States Army Corp of Engineers, regarding Regional Permit 99-000-1, effective April 8, 2005 through April 8, 2010, which "authorizes dredging in navigable waters and the discharge of dredged or fill material, including those discharges associated with excavation activities in the major waters of the United States to facilitate the remediation of sites that were damaged as a result of a major storm event." The permit was activated by the District Commander as needed in response to major storm events, and was processed after a full public interest review including federal and state agencies and the general public. Mr. Smith stated he was not asking for the Town to use its equipment to dredge the brook, but rather was looking for "a sense of urgency" to remedy the situation that continues to get worse. Mr. Smith asked the Town to take action and "get the ball rolling," - whether help would come from the federal, state or local level was not known. He requested the Board, as elected officials, come up with a structured plan before a major problem occurs in the Village of McGraw. He suggested the Board start by writing a letter. He warned the Board and those in attendance that based on the present condition of Smith Brook, a major problem was waiting to happen. Councilman Rocco agreed with Mr. Smith that there was a serious problem. It was his understanding from the DEC that property owners could not dredge the stream, nor could the Town financially assist private property owners. He assured the residents that the Town wanted to help remedy the situation, and that the Town was on their side. He questioned where the problem starts with the stream. Mr. Smith thought the problem started at Stramba Pond. Kathy Arnold, County Legislator for Solon/Truxton/Cuyler, apprised Mr. Smith there is a Stormwater Committee in which stormwater problems around the County are being identified and mapped. She stated she could add Smith Brook to their list. The Committee would be applying for funding through grants for Cortland County. Mr. Smith reiterated the letter he read from the US Army Corp of Engineers, which allowed for remedial action to be taken to help restore storm damaged property, which would include creek beds, creek banks, and the removal of debris in the creek, until April 8, 2010. Supervisor Tupper requested Mr. Smith provide him with the document from the US Army Corps of Engineers so the Board could take a copy and pursue options. He apprised those in attendance that the Board is well -aware of the problem and is concerned. The Town would work with the County, the SWCD, and would contact Congressmen to see if federal money was available. Councilman Proud stated there are two issues: 1) remediation; 2) how to deal with the problem for the long term. Mr. Smith gave a history of Smith Brook. Since the early 1990s the problem has become more prevalent as it does not take a significant amount of water to flood the stream. Changes on the hillsides of Ridge Road and Clinton St. Ext. have also contributed to the problems in the Village. Mr. Smith reiterated the sense of urgency for a solution to the flooding problems. Councilman Leach questioned what agencies were contacted when "Mosquito Creek" in McGraw, washed out years ago. Mr. Smith noted that the SWCD assisted with the problem. 3 3 .- AUGUST 19, 2009 TOWN BOARD MEETING PAGE 8 Danny Ross, Cortland County Legislator, District 12, commented that the SWCD was working with the Village of McGraw with regard to flooding. Two culverts were installed on North Street, which has helped with water coming off the hills. Mr. Ross, who lives on Church Street, stated that after the last few storms he noticed that the flooding problem on North Street was much better - water was not running down the sidewalks on North Street; property owners were not pumping water from their homes, and did not put sandbags along their property as they have done in the past. Mr. Ross apprised the Board and those in attendance that Pat Reidy from the SWCD was going to look at Trout Brook and flooding on McGraw Marathon Road. Retention ponds may be necessary, however if a retention pond is dug on private property it requires a 50%-50% match in funding, which most residents would have a hard time coming up with. Tim Neff, Village of McGraw resident, discussed the flooding that occurred in 2006, which resulted in damage to the bridge over Smith Brook in the Village of McGraw. The Town of Cortlandville was "put on notice" on August 1, 2006 that a "dangerous condition" existed at the intersection of Spring Street, East Academy Street, and McGraw -Marathon Road. As a result the bridge was closed and later removed. A removable bridge was installed in its place. However, when flooding occurred again on August 10, 2009, the bridge was not removed which caused another dangerous condition. The Neff s home was flooded and their property was damaged. Mr. Neff provided photographs of the bridge that he took after the flooding that occurred on August 10, 2009. He pointed out damage to the bridge, which he thought was hit by an object very hard. Connie Neff read aloud a letter written by Town Highway Sup't. Bush in 2006 regarding the removal of the original bridge over Smith Brook. The State Inspector's Report has come back to us. The report states that the waterway opening is not adequate for the stream. There is some bank protection to be repaired. Some marker signs to be replaced. The south side bridge railing needs significant work to be adequate. The bridge approach guide railing needs repairing. The only way to correct the bridge opening problem is to replace the bridge with a new one making it higher, and wider, and longer. It is my recommendation to take the bridge out a.s.a.p. and ... . This would be the only way for the stream to handle a large volume of water and debris through here. Taking out the bridge would raise the opening to the top of the concrete ... walls by three feet and any debris should just keep going downstream. The cost of a new bridge to the taxpayers of the Town and Village will be in the $750,000 to $1,000,000 range because land would have to be purchased to make this larger bridge. The Village and Town also have other drainage/flooding problems that they need to address which will cost the taxpayers money and the taxes going up is not going to help the communities at this time. Therefore it would be best to just take the bridge out. We could look into the cost of putting a pedestrian bridge up at this location as long as there is enough room to get it higher so debris will not hit it, and there is enough room for it and the ramps to make it accessible. The Village of McGraw had a meeting last night, and after talking to Mayor Jay Cobb this morning, the consensus there was to take the bridge out for now, which will help with some flooding and we can look in the future for replacing it or not. They also would like to see if a pedestrian bridge could be put in at that location. Mrs. Neff commented that the old bridge was removed and a removable bridge was installed. She questioned why the removable bridge was not removed on August 10, 2009 when the flood warning was given. She felt that if the bridge had been removed as intended, her property would not have sustained as much damage. Leo Bush, Town resident, apprised the Board a removable bridge was installed on Mosquito Creek that is raised during flooding. Similarly, when the Smith Brook water level is raised the bridge should be removed to allow the water to flow and debris to move freely. Although Mr. Bush's property is not directly affected by the flooding, he stated he would hate to see his neighbors lose everything they have worked hard for. As elected officials, he stated that the Town Board was supposed to help the residents. Mrs. Neff questioned whether the Town had an emergency action plan in place to remove the bridge from Smith Brook. She recalled that in the 1970s a piece of equipment used to remove the bridge was kept near the bridge. Jim Norton, resident of the Village of McGraw, agreed with the comments made by other residents. He noted that the problem with the bridge was also a matter of public safety. 33(o AUGUST 19, 2009 TOWN BOARD MEETING PAGE 9 Supervisor Tupper agreed that an action plan must be in place for the Smith Brook Bridge. According to Highway Sup't. Bush, the bridge was not removed because a request was not made. However, Supervisor Tupper stated the Town would work with the Village to establish an action plan for removing the bridge in the future. He explained that the Town is limited on what it can do within the Village limits because of legal issues regarding the Town Highway Department budget, which is solely paid for by the residents of Cortlandville, outside the Village. Once an action plan is established removal of the bridge would no longer be a problem. Jim Caufield, resident of the Town, commented that the problem with flooding was not only due to rainstorms and the base of the creek filling with debris, but was on a much larger scale. Contributing factors include: changes to the watershed; the opening of gorges; increased size of tillable land by farmers; erosion of the land; and road construction. He did not feel that engineers were looking far enough into the future to see how construction would affect properties one mile down the road. Supervisor Tupper agreed and stated that stormwater management was a relatively new idea. Mr. Caufield expressed to the Board that residents of the Village and the Town have wanted to clean the creek out using their own heavy equipment and manpower. The volunteers simply need permission to go into the stream to remove trees limbs and debris. Smith Brook is not a protected stream. Confusion remained as to whether or not residents could actually go in the creek to remove debris. Supervisor Tupper stated it would need to be verified by the DEC as to what could be done to the creeks/streams. The Board would look into the matter and report back. Lastly, Connie Neff read a letter aloud regarding the flooding of Smith Brook and damage to her property as a result of the flooding and Smith Brook bridge. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the "Smith Brook Petition to cure erosion and flood damage", dated September 2, 2009, submitted by residents of the Village of McGraw/Town of Cortlandville. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence placing the Town on "notice" and photographs from Timothy and Connie Neff, dated August 18, 2009, regarding the flooding of Smith Brook and damage to their property located at 36 East Academy Street in the Village of McGraw. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Renewal Application Notice Form from John M. Partigianoni, dated August 11, 2009, regarding the renewal of the liquor license for Cort-Lanes Inc. located at 928 Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Menter, Rudin & Trivelpiece, P.C., Counselors at Law, dated August 5, 2009, regarding D. Yaman Properties, LLC and the proposed Cortland Commerce Center Project to be located at the former Smith Corona Facility on NYS Route 13, regarding "In Lieu of Tax" revenue. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from James and Gail VanDusen, dated August 8, 2009, regarding connection to public sewer in the Collegeview, Highland Road, Gwen Lane, Route 222, and Kinney Gulf Road area. All voting aye, the motion was carried. AUGUST 19, 2009 TOWN BOARD MEETING PAGE 10 337 J 1 1 RESOLUTION #131 AUTHORIZE SUPERVISOR TO FORWARD CORRESPONDENCE FROM JAMES AND GAIL VANDUSEN TO THE CORTLAND COUNTY HEALTH DEPARTMENT FOR REVIEW AND COMMENT 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 forward correspondence from James and Gail VanDusen, dated August 8, 2009, regarding the "mandatory" connection to public sewer in the Collegeview, Highland Road, Gwen Lane, Route 222, and Kinney Gulf Road area and public concerns regarding odors, to the Cortland County Health Department for their review and comment. Supervisor Tupper apprised those in attendance that the Town was in the process of installing a Cortlandville business district sign on the corner of McLean Road and Route 281. The sign would promote businesses located in/around the corridor. The Board directed Councilman/Historian Rocco to be in charge of the project. They asked that he contact business owners to see if they would be interested in contributing to the cost of the sign(s). No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman Leach, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:45 p.m. Respe tfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submited to the Town Board for their review on October 7, 2009. The final version of this meeting was approved as written at the Town Board meeting ofNovember 4, 2009.