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MEETING held at the
TOWN BOP,RD of COrtlandviIle was as supervisoT
Z � 11x2018 -Board Of theeTC � aad, dew y°xka
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Meeting G Tupper
Tho R d Spas G°mp Supervis 1eodaxe ``1 • Testa
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3 M McD COuncilman> rvr�C, PrOu
Tupper presiding cilxnan, 30111, Reye°lds
embers present:
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Others p wn Residents 0 anue1 3 ' d Am
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Pam Gina Sik urtneY
C1erkSik°xa� ed Gebel, C°
R°berg the T °wn
tatives: Sar rove
Reel sen led the meeting to Order • COuncilma'1 Testa' to app
aAM
H exvis°r Tupper ca seconded by
rove the
Sup e a .motion e, the motion was carne
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TeS a, to app
Councilma `?T �� 2p18 • All voting conded b9 C0'an",,as ca ed' aad file
mutes of motion se the nation receive Otion
Board N� n' Proud mod$ aAll voting aye' C Gilman A11ud' to ay the m
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Council e 20, 2 seconded by e 2 2018.
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JULY 11, 2018 TOWN BOARD MEETING
Funds CD1, CD3, CD4 Voucher #3943
BMills Rehab CD 1 $ 0.00
Town Wide Rehab CD3 $ 31,216.00
Business Devl CD4 $ 0.00
Funds SF, TA, TE Voucher #30-35
C'Ville Fire District SF $ 0.00
Trust & Agency TA $ 387377.80
Expendable Trust TE S 0.00
Supervisor Tupper offered privilege of the floor to Pam Jenkins.
PAGE 2
Town resident, Pamela Jenkins addressed the Board in relation to the Town seeking
SEQRA consultation from the Zoghlin Group PLLC. She inquired if other legal firms were
considered, if the contract was put out to bid, and what dollar amount was to be spent per year or
if it is an open ended contract.
Supervisor Tupper responded that it is not necessary to advertise or go to bid as it is
considered professional services. He pointed out the Town has a line item in Attorney Folmer's
budget for outside council which will be used to pay for such services. It will be paid on an as
needed basis and depends on the amount of projects coming in until the end of the year.
Attorney Zoghlin will be advising on SEQRA reviews as this is her specialty. Attorney Folmer
indicated that he had considered other firms.
Supervisor Tupper offered privilege of the floor to Gina Sikora.
Town resident, Gina Sikora addressed the Board regarding her intent to ask the Planning
Board for permission to grant a Conditional Permit for an art gallery she wishes to open at 1010
McLean Road. She explained that the location is surrounded by commercial businesses. She
wishes to operate an art gallery for abstract art which will be open to the public and organized by
the Cultural Council of Cortland County. The hours of operation would be the first Friday of
each month from 5:00 pm to 8:00 pm or by appointment for private viewings. She stated they
would like to partner with local schools in the future to show their art in her space. She would
like to extend the driveway for parking spaces, particularly in the winter months. The signs for
the gallery would be conforming to specifications. She said she realizes the zoning for the
location is R-2 and in the Zoning Code there are no provisions for an art gallery. She read aloud
a letter of encouragement from Professor of Art History, Paul Parks in which he cited, "A gallery
functions in the same vein as an artist studio, teacher studio and office, and educational
institution. Artist's studios often sell their artwork and the artworks of other artists and receive
payment for these items. Teacher's studios and offices receive payment for their instruction and
tutoring. Educational institutions receive payment for their instruction and tutoring. Garage
sales and house sales receive payment for their items that are sold. " Ms. Sikora submitted the
letter to the Board for review. She also stated she had signatures from neighbors and the
coalition bureau that are happy with her gallery idea.
She proclaimed an art gallery would very much enhance the aesthetics of the Town. Ms.
Sikora stated she would not be charging for anything, she was just asking for the Board to
consider allowing her to function as a gallery.
Paul Parks, Curator and Professor of Art History for SUNY Cortland and Tompkins
Cortland Community College, entered the discussion and touted an art gallery's value in a
community. It provides a valuable educational and cultural resource and outreach for the Town
of Cortlandville. It would engage the local student population and provide a place for them to
display or sell their work and provides enjoyment for the community. In terms of the
regulations, there are already other educational facilities that are collecting money for such
activities and the gallery in discussion would mostly be an exhibition space for artists to show
their work. He added he would be available to contact for any further information.
Attorney Folmer asked Ms. Sikora if she had conferred with Planning & Zoning Officer
Bruce Weber, to which she replied she had.
Jeffery Holl interjected and introduced himself as a friend and neighbor to Ms. Sikora.
As a member of the Zoning Board of Appeals for the Town of Virgil, Ms. Sikora contacted Mr.
Holl and asked him to help guide her through the zoning process. He explained she contacted
PZO Weber and was told she would need to apply for a Variance for the gallery, a process which
could take up to a year.
Ms. Sikora stated PZO Weber informed her there is a difference between a studio and a
gallery. A gallery might bring public and traffic concerns. Professor Parks spoke towards the
definitions of a studio, which is allowed in the Code verses a gallery, which is not in the Code,
but stated they are essentially the same thing.
I Z
JULY 11, 2018 TOWN BOARD MEETING PAGE 3
Councilman Proud advised that the Town Board does not issue Conditional Permits, to
which Mr. Holl asked if the Town Board and the Town Attorney could offer guidance to the
Zoning Officer by asking Mr. Weber to be more accommodating to a person trying to enhance
our community.
Attorney Folmer explained that this is the first discussion he has had regarding this
matter. From the presentation given, he signified that a determination needs to be made as to
whether this will be a studio or gallery. If it is a studio then a conditional permit could be
granted via the Town Planning Board. However, if it is considered a gallery, which is not
provided for in the Town Code, it would involve making an amendment to the Zoning Code,
which could be timelier. He requested a week to investigate the matter and to speak with PZO
Weber in regards to the proper procedures to accomplish Ms. Sikora's intention.
Ms. Sikora reiterated the benefits of promoting art to the community. When Attorney
Folmer asked Ms. Sikora if the art would be for sale, Ms. Sikora stressed there is a difference in
advertising items for sale, for example a restaurant, and a person contacting an artist to request
the purchase of their artwork that does not contain a sign of sale.
Councilman Proud remarked he was very interested in this presentation as the Town is
embarking on a new Comprehensive Plan and the very issue raised in this discussion is important
as to what is allowed in certain zoning areas. Supervisor Tupper asked that Ms. Sikora allow
Attorney Folmer to investigate properly before continuing with any further discussion. Ms.
Sikora and Professor Parks thanked the Town Board.
Councilman Proud made a motion, seconded by Councilman Reynolds, to receive and
I
ile the monthly report of Town Code Enforcement Officer McMahon for the month of June
2018. All voting aye, the motion was carried.
Councilman Reynolds made a motion, seconded by Councilman Withey, to receive and
file the monthly report of Town Code Enforcement Officer Campbell for the month of June
2018, including the Paid Fees Report and Unpaid Fees Report for Fire Inspections from January
15 2018 to May 31, 2018. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Reynolds, to receive and
file the monthly report from the Cortland County SPCA for the month of June 2018. Ail voting
aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Reynolds, to receive an
d
file the monthly report of the Town Supervisor for the month of June 2018. All voting aye, the
motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive an
d file the
monthly report of the Town Clerk for the month of June 2018. All voting aye, the motion was
N
arried.
RESOLUTION #177 ACCEPT 2018 TAX COLLECTOR'S SUMMARY
Motion by Councilman
Proud
Seconded by Councilman Reynolds
VOTES: AYE - Tupper, Testa, Proud, Reynolds, Withey NAY - 0
ADOPTED
BE IT RESOLVED, the 2018 Tax Collector's Summary from January 1, 2018 through July 5,
2018 is hereby accepted and shall be received and filed.
Councilman Withey made a motion, seconded by Councilman Testa, to receive and file
correspondence from Charter Communications, dated June 28, 2018 and June 29, 2018,
regarding programming services. All voting aye, the motion was carried.
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PAGE 5
OWN Bow MEETING WITH
T CY
LEA w FOR
JIjLY 117 2018 BOARD AS A LOCAL LA G -LAW
CLAS TOWN ADOPTION OF
THE ZON
ION #184 REGAL T OIC WOULD ANETTLANpVILLE
RESOLUT YEAR 2018 IV
TOWN OF COR
ANp MAP OF
b Councilman Px Testa e n°Ids, withey NAY 0
Motio ded y Councilman Testa, Proud Py
b Tupper
Secon Arnendrnent from
VOTES P' OPTED and Map -05-11.400
� oning Law map #87.04
B-3 Planned Commercial
a request
d off of Weaver Road tax
d received icultura. to
the TOS Boar act p n l locate of f A d
WHERF`AS' a2•82 classification
othos for t zon fanning Boards for review an
Emmanuel ed from its presen
to be rezon to the Town and County P
Business, and for SEQ�
the proposal was refeTxed d Agency end the
WHEREAS? declare itself Lea ch would Pothos
commendationS, therefore hereby 2018, 41 an
re Board does Law fox the year °Weed by Fxnm aI to B-3
wn Ng 1110
SOLVED' ththe adoption of Cortland ille for po erty oned tom
B rposes with�a a�a� o f the �° m � #8� .00-05-11.000
Zoning Law Weaver Road>
located off of uslness.
Planned Commercial B
Attoxney Folmer xep°rted umber Spots Complex aired about the sale °n
ex inq from the site
Gutchess L ervisox TuPP oved PE from
Sale of Matexial from that Sup had to be rem Cassaba, sold*
the Boardis
a nsed Comple I 'v o mer contacted whe a equip I the B°aTd.
Attorney F ohne es pl umber Sp°'s Attorney that it uses back
soil from the Guhase l of the plcojectw
t b ze the same f s Cassaba anoilrepo twO different times to
Ps
top complete P Board u with the tops
orae.r suggested the e discussion selling
C er would continu Board consider
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Proud Withey NAY 0
b Co�cilman axiwithey Holds,
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VOTES. AY OPTED e submission of row wide
AD owledge 2016
and does hereby a
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nt of ds roJ�c een�ed eligible
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recipient sOCR, SOLVED, he Gutchess Lum eat Loan
by YS
� BE lT ltted to unity Deve gpa necessary
TILE �� was is heteWY cOtv
IOW by theown commIts
pox Cos nAptle to N Jason P iso
retained d e T aFabxicat 3 2p1g lett
th
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�.UgT1-IE from o� xk Y uipment D A I�.
IT ved e eq
R O
B pa eletc thelpuxts cll S 0OU BENEFITS voWN CLE p R
to comp ector, NY D Y
progxamDir g�E SAI,ARp N ED ISE UT
186 AU BOW AS oAgTLANDVILL
SOL�TIOl`l # T TOWN °�
� Testa g WitheY
r
roMoioded byCouncan Testa, prOu
Seco AYE -Tupper'
VOTES ADOPTED
X29
PAGE 8
BOARD MEETING
TOWN or a Deputy Town Clerk
NLY 11 � 2018 ice of he To`"�' Clerk f
ed in the off ainbow Of
35
Wo
vacancy occurr K.* R To of
wHE�AS � a ella has app°anted o�nn Clerk for the wn
Rocco Petr of Deputy
position' istin E osition
REAS, T°wn Cl york to the p salary of
E M a ' Newul lb, 2018, herefore d authorize the 500.00 at
wK St., cGx agree a 6 months an
Academy be effective July ee to
Co demyville, to d does hereby 500.00 after
VEDA the Town Bo with an additional d it is hereby
fu�her
BE 1T ESOT Amanda 1{• Rainwi h full-time benefits � s Deputy Town Clerk is
$35,000.04 f along w a
her one-year
anniversary arida K Rail,
D the appointment of R1VER
VEJIA
RESOL TIOU
acknowledged. USION � THEIZATION P.ROGg,AM
ATEgOI�T VITA
ACCEPT w
RESOLUTION #181 LOCAL
PLAN UPDATE
Proud NAY - 0
Motion by C°Cocun an an Te ta, Proud' Reynolds, Witney
cil ex, Tes
Seconded bYYE - TupP ovals along
VOTES ADOPTED V illageS and T initiated
11 associated Cortlandville, york
arrnership
With Town of New
f Cortland m P oueT mcludl Tamt1len cooperatioll ltArtic e 42, and
�IHERE�''S' ton aCity
River in C fro lit Rean italizati n ov dons of Executive complete in 2010
he Tioughni a ate'Loa e m accordance with
thep (LWV) `„ Tas c
preparation ent of Pxogr
am artm t Revitalization
State Dep texfron an update
Draft Local wa for preparation for
wI1 o 'S' the adopted' and lication plan,
ally bruit an ap' vitalization program
but was not form es to su supports the
e City of Conlan sh oval waterfront R supe
AS, h u hnioga ver L own of Cortlanden an 1 adoption of the
wHE of the Tao g that the T the developm
and adoption SOLVED' City on
THEREFORE, BEIT to partner with the 00 toward the reclulred
NOW and agreesits X2,5
City' s apPl� oa d dville comm
revised L '
LVED the Town of Conlan
SOLVED
13E IT FU r of he Project. I)OSSTEND 'BUILD, IG
25°fp mat'
1GHwAY s
ORIZE R TV AS A FILL -TIME
ION #188 DNMIAN M DS LABOR
RESOLUT AND L6
AND
Testa
Motion by
Cool,
c an an Prow Proud, Reynolds witheY
calm Te
Seconded b � _ TupPex' d
V OTES • A D t for a full-time Buildings an
ADOPTS
e Town Highway Departmen erintendent
vacancy in
the Sup
EDEAS, there is a Cl direct Highway a full-time
all w York as
aboxeT� therefore oard does hereby authorize Cortland, Ne
t an hourly wage °f $15.50.
Grounds k' thewr' B ex of 1� Charles Street,
BE IT RESOLVEDTn,an M• walk July 22, 2418, a
effective self from the
sd Grounds Laborer, used
him
-Bassett to and excu 56 p.m•
Building at 5:52 P -m' resumed at 5.
ort recess The meeting
g olmeT requested a short room*
e Board stayed in the meeting
Attorney
meeting while th
1 3 OJULY 115 2018 TOWN BOARD MEETING PAGE 9
In regard to the proposed Zoning Code Amendment for Solar Energy Systems, Attorney
Folmer apprised the Board he prepared Part 1 of the SEQRA. He read aloud the questions for
SEQRA Full Environmental Assessment Form and the Board discussed and
Part 2 of the iconclusion of the review, Attorney Folmer requested
indicated their answers. At the
authorization to forward Part 1 and Part 2 of the completed SEQRA to The Zoghlin Group PLLC
for review and comment. The Board agreed to do so before proceeding further with the
proposed Local Law.
RESOLUTION #189 AUTHORIZE TOWNA11 FOR THE PROPOSED
ZONING
E
AND PART 2OF Q
CODE AMENDMENT FOR SOLAR ENERGY SYSTEMS TO
THE ZOGHLIN GROUP PLLC FOR REVIEW
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Reynolds, Withey NAY - 0
ADOPTED
BE IT RESOLVED, the Board does hereby authori 1ZoningeCode Amendment forSolar
the completed Part 1 and Part 2 of SEQRA for the proposed
Energy Systems to the Town's legal consultants, The Zoghlin Group PLLC, for review and
comment.
Supervisor Tupper read a letter from Town resident Roxanne Sorrells in which she
thanked the Board for the opportunity to benefit from the Town -wide Housing Rehabilitation
Grant program (CDBG 4287HR326-16). Without the program, Ms. Sorrells would not have
been able to complete the home repairs on her own.
2018
Councilman Proud requested the Boarde following mattersoincluding butnott 1 mited to:
Lt 10:00 a.m. for the purpose of discussing s tax, LED Street lighting, video recording board
Town finances, Town budget, County
meetings, upgrading the electronics for the court room/meeting room, water resiliency, and the
use of salt on Town roads and increasing sodium levels in the water. The Board agreed to the
time and date.
No further comments or discussion were heard.
Councilman
Proud made a motion, seconded
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:16 pm.
by Councilman Testa, to adjourn the
Respectfully submitted,
Kristin E. Rocco-Petrella, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on Julv 26. 201
.
The final version of this meeting was approved as written at the Town Board meeting of , Ausust 1.2018.