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HomeMy WebLinkAbout2018-08-01 Town Board Minutes137 AUGUST 15 2018 �C�Ii�ihi.��T�� ►77���i1►[i� 5:00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, John C. Proud Councilman, John P. Reynolds Councilman, Douglas E. Withey Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John Folmer; Highway Sup't., Glenn Bassett; Town Residents: Pamela Jenkins; Stephen Flatt; and News Reporter, Jacob DeRochie from the Cortland Standard. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of July 11, 2018; the Special Town Board Minutes of July 16, 2018; and the Town Board Minutes of July 18, 2018. All voting aye, the motion was carried. RESOLUTION #197 AUTHORIZE PAYMENT OF VOUCHERS —AUGUST Motion by Councilman Withey Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Proud, Reynolds, Withey NAY - 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #996-1063 HE, HG, SS, SW General Fund A $ 97,401.63 General Fund B $ 413452.63 Highway Fund DA $ 0.00 Highway Fund DB $ 31,921.94 Saunders Rd Sewer HE $ 0.00 Gutchess Lumber SC Project HG $ 1,646.01 New Highway Garage HH $ 45419.04 Sewer Fund SS $127,055.63 Water Fund SW $ 95017.40 Funds CD I, CD3, CD4 Voucher #48-52 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 495660.00 Business Devl CD4 $ 0.00 Funds SF, TA, TE Voucher #36-37 C'Ville Fire District SF $ 0.00 Trust &Agency TA $ 41,147.71 Expendable Trust TE $ 0.00 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. Under communications, Supervisor Tupper apprised the Board he received a letter from Sharon Stevan thanking the Board and Town officials for the gift and thank you note she received. After years of volunteering her time and expertise to videotape Cortlandville meetings as well as arranging for them to be broadcasted on the local community access television channel, Mrs. Stevan was stepping back from her service largely as a result of changes with Spectrum TV. Councilman Proud made a motion, seconded by Councilman Reynolds, to receive and file correspondence from Phillips Lytle LLP, dated July 25, 2018, regarding comments on the Town's proposed Solar Zoning Ordinance and a proposed waiver provision. All voting aye, the motion was carried. p AGE 2 G and the O ARD MEETIN hips Lytle Ll -p suggesteaw O, B OTCs ph1 S 1„ ytle the T ° T deuce f T at Phillip zant e cage On ed th *0uld g h fang cO'Sp explain aw that ents T oazds foz QST 1,201$ On Te%a' (Y111% gneY polzn'Sed L°cal ZOde Tequize pia ing ons n°t be Pa11G was disco TdiTlance. At�n the lot010sp'c1f1�n and C°uwa vex pz0vleed v�ith. In Theze Zoning O chided vets u TO °sed eT agT BOazd ed Solar Dns be in issue wa1 sat to Ne t the pz0p ey F olm plazlmng wn pTopos IVez pTOvlsi autbozity t° ll was fozw ended tha hick AttA the C°untY and the To the that ` ing Board d walvez pz° Boat VJ1 SAO z tex amenco dnlbeta mistakly foz a eas (vaziancece5 a e tTiet plaza' z°pose t plane ZOrimg would to app wily vaTian ivez OT the p The Coun Y T°posed TovlSionS e as10`N'd rant use the wa e p vez p b aw t° g tezia foz ztA 1f e BO view • to th wai early L d Te pzated ino ting the would alz NQS Tow stzessed that easily r� spQ sibilitY �h iib incOTp • ion, ad p licant in ez vee a his open Outs an ra n° autwOzitPozzie�es aze n°oz want such sly cOncezneo eveT, Oily ing l3°aTd a �OTiing la that use vtat BOOLT Tray s specifica ovlsions. a sone psann meets of and planning e LLp wa e waivez 104 included in Tequize eStabllshed' ted the s Lytl Out th with NNOL ex the 111ip ,Kith and SSao�S weze ad0p rained tha Zp SOsaz tae e conceznTodvisiOn alto Tnendb°e efOT aTov gr 'd ney Folmez d by the pT°p azcel they d foz such a p Teceived SEQR' a the B°az Pttoz be affect' d that the p the1T nee not yet 1'aTt 2 of cussiOn, that may d0 oveze esIse iminat'd gOazd has part 1 and After dis 1s adopted. parcel pO1meT ago that ed that the z gazd to facilities. Local Law e with e sox* til the Chap seveizlaiey Folmez ogha GTOuP OTl oz un OF 201 p'�'0 pant The Zend the mol Octob z 31' 2018 L LPW �� 01` Town's cOae Boazd eozatOziuzn u"t O LOCA ROV AL T 1'p request o extend them ZE � TEI`I TSow ACg agT''d �T11pP O R1 AO1ZA L `1ARF # 1g8ApO Lp,T10s OF Y A3 fl0 ST P e � A 0 RESOL uTicilman pT Re nOlds d Reyn°ids, W ith y b °Councilman pzou ' o ted Local Aotionby Testa ad p d all ecozlded Tuppez, Ttlandvisse av an VOTES ADOpTED of the T own a dOap1PTO le, a d the T°wn BOava 0a the Tevieof Cortlandvll effective beT 6 201 MOTatOTiun1 s in the T Own aTtment Of State ELAS on C311 izIV o of SolarFaGzh dew Yozk ue Stat Dep 1 2018, ° t La%jo ons f°oT the installa as filed with the ll exp1ze On h cl1evez shallizs appllcatl tozium SO w said LOcand aw w the «nMOza to such facilities en ASS a w� dm t bel 20 201' 3 Of the Locaon ng Laws zelating Z Oning C°de mtt e t0 isle Sep ASS per S a zegulatiOns Of Z fezzed a10TOp��gy Systems C°zn �11dpRE adOp A011 BOaTd ze Solaz En sand tOvzuT1? It h and 018 the Town the Town omm'ndatl°n ' n Of the znor m untzl occur ' aTy 12 muted by w aT,d zec extensio mozatOTl view; AS On Febt emS as sub as OT zevie TOved the Sion Of t11e fete tl`'iz zed nOt �N11E EneT% SYsanic IN%P'°az wn Board ap uTtheT ext© Tds t0 com endatiOns h Tthez foz S°l n untY p 2 g t' le g p oe ty IN90 Te2Q1� app ve d w by e z wn d C° Zl � pl a TO plaz1l' gas To th T ° on F ebTua on Niazch C T own and Cantil May Zn s.�ay 16' additional z �YIEREASq 2018' and time f°T the lnpzatoT'um hesd� and time fpz an the until Apg1201g t° a$ extendeeang lead n p 2018 t° beell allo+*� ° f S7✓QRA PTL C� Ppz11 Til 4� 2 ubllc h tis Suly 3 and pant 2 Klin GzOup L and O Teceived a nao atozium$uoaTds, and waTded p u lts� Ts'e Zog been SiOn Of the planning goaTd fOT 1 cons 10 ten unty Own s Sega La 1`7 O• ex d CO isle T T Own oca l' us 30 T Own an 1uly 11, 20e8dinent to t 5e, OTC extension to i ties fTOT111 to Such AS 0n ode WON m a Tespon oziZe IN ora, F a s Te Ed WN used Zoom a not Tecelved does hezeb f a allatio o�°� pf To'! ing Law prop view and wn Board Tovals O Tegusat f °z Te OI Vhl� tl'eTa oziun' and Pie adoption °f BE 1T gES ing aO 018 Oz upon 2p1� mpoctob 'l s�iasl fust Occur 2018lot, which' facilities, / P ACE 3 ARD N1BB��C recently issa the �0 B0 Board she3'S 2015' lth ed the agast Coanty ead a $ QetxeUa appris held Cortland Glade �S f l' 201 leak R°cc°" ich `�'lonldthand t11e n to the pnblrc' in UG n C wh e'aas e of A w business' �°u iG FeSh tiff sva , v''Yilch w °p d tw° 4otiat°r CTV ne Seedstoc ch as the t the fes ods e d fox the cies, sa the even • to fresh fo e vras xepe�n5iness iso s regara�x e'l permit xiate ager aware of and faxzn Board sh F state �' ded Salt Cortland 0f apptov ent� were local axts� wed the art Real nd Amen 'Yown 0f e a me1A k Departin 25 bands' ella info W Lx hint a W ebex tate D p goc of petx Eton' Comp race ork S Fraxklin lineup occ°` eats and all NIS* N' w `�xic'' Clerk R aSSCSSO petition Sm axd•, e COoy Catox on B aving t art d 10wn review °f s well as Shat A Zown ° omy P etx xeceip ' an ssessox s fox axtna d L• Small an0rtlandvtlle l,C� B°°n wledge th s Of I al` d via A petilandville P°axd ackrtO r the°axd to Co rdenl glclt ing F'°axd'165'1 illsia he ari tax p qtly bee o acj on f0 as dented all john Ba vine y1fa sezvatlOn� e reveste e ce�lox ve concis e was n i allty h Cortland ental Con agni. 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Z00 vm Board of assessments f r d tax On 9b 09-01. the �° etx cine 1 l9 �e n6e� Aute ZS1 taX pkA T SOLVBD aiding th g R BB 1Ce f petitions x g messrust #1'13 365.36 1.1D CO l0i sots tate Bas LZD C'01�1� p,Z�BR S p,LL a1- 016 g'eaIS 1le p a,", CB CBevsI so S F R0�1 A A W pox Conlan 0�,t1,EDBD S� A�,1 Ca ACID S Vlll,B T1 #200R`lCxC� LAID _ 0 SOZ'�`110 BA �� OF e �1A� V S' an W ithey R n01dsW ith y 0tionby the Co�oamlrol, es aypxoud' ey d Pilin S 1l ecOndedbyB _Tupper' by receivinRichard r0wn 0f vor S'• �DOpZBD ackn0`Nledge�'OhxiP'axdeiflcex of the BOaxd d does l'es b� the n'attex °f IZ oviv ndviUe �° �c0nomy Boax mon as llanriittgaxd ides b1,C7 at lgl9 Town d Suachy ing BO hills located UkVBD, th and Amextdbex, ixiltis capville Planrt ons 165 x0pexty 11 IZBS Omplatn Brace W COrtlan a1 Corse ag'�'' regarding p BB and co vs• xville� Comp 0� 000. petittion Of C� n�Of BnvizO e 1#�� 00'l2r to of the railroad xt A.oval hen and ndville�Depa in ZZ°ckZnlxe,k pn�ap caxxent sta Town Clodv C° w jork 'stake nc Frankl COrtlandv arding the tchess LambeAaested hement �e Co., l of paving l3 in the T°`�'n hone reg and G Bassett and hvway Dep and was to hints by panty SPCA Sup t' arty Yltg tracks the °a several c°mcoxtland ted 1vigh`NaCoTtx d C five railroad lamed that receiving d near the she coma tacted the the in�c t Basset exp Aftecl can R ed the B°axd sett cot' regarding way S p hvaay Sap' Bas Railroad pligh s on xis t ati n. track etrella app a ° ROcc°� e xnattex eta the SasA o �aTVect the Sita via'to S DOT a xes0lati°n twotO"�ard xking 190 AUGUST 1, 2018 TOWN BOARD MEETING PAGE 4 Susquehanna Railroad would give permission to pull the rails from the road however it would be the Town's responsibility to replace them in the future if the railroad found reason to use the rail line. The railroad would also give permission to pave over the rails, which he felt may be a better option and was working with the County to accomplish that. Supervisor Tupper inquired if the railroad gates would be removed, eliminating the need for vehicles such as school buses to stop at the crossing. Highway Sup't. Bassett responded that they are in the process of studying all options. Attorney Folmer reported: Aquifer Protection Permit —Cortlandville Fire District: Attorney Folmer apprised the Board that the completed SEQR for Cortlandville Fire District Aquifer Protection Permit application will be ready by the August 15, 2018 Town Board meeting. CDBG Program Income Loan —Uncollectible Debt: Attorney Folmer summarized a situation in regards to a CDBG Program Income Loan in the amount of $15,000.00 made by the Town in 2010. Under the conditions/guidelines of the loan, there was a two-year freeze period before payment was required. Payments of $250.00 per month commenced in March 2014 through April 2016, at which point the balance due to the Town was $8,500.00. Attorney Folmer suspected that payments stopped because at that point in time a process was underway at the County to foreclose on the property for non-payment of taxes. A judgment was entered in that proceeding in February 2017. A tax deed was issued to the County in June 2017 and the County then conveyed the property to an individual on June 15, 2017. When the judgment was entered the liens of the prior mortgages were extinguished against the property. After conferring with the County, Attorney Folmer indicated that the only recourse would be to pursue a personal lawsuit against the debtors; the chances of collecting the loan are very slim. Attorney Folmer suggested the Board, by resolution, consider the loan an uncollectible debt. RESOUTION #201 DECLARE UNCOLLECTIBLE DEBT FOR A 2010 LOAN MADE FROM COMMUNITY DEVELOPMENT PROGRAM INCOME FUNDS Motion by Councilman Withey Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Proud, Reynolds, Withey NAY - 0 ADOPTED WHEREAS, in 2010 the Town of Cort landville had funds available through its CDBG Program for loans to income property owners qualifying under the CDBG Income Property Rehabilitation Program, and WHEREAS, in 2010 the Town Board entered into an Income Propert y Loan Agreement and authorized the extension of a $15,000.00 loan from the Town's Community Development Program to eligible recipients, and WHEREAS, as per the loan agreement payments of $250.00 per month commenced in March of 2014, however payments stopped in April of 2016 with a remaining balance due of $8,500.00, and WHEREAS, a judgment for non-payment of taxes was entered in February of 2017 by the County of Cortland that resulted in the deed being issued to the County of Cortland and has since been conveyed to new property owners, therefore BE IT RESOLVED, the Town Board does hereby declare and determine that the obligation has become uncollectible and should be written off as uncollectible debt (identified through CDBG #287HR173-OS). 1�1 AUGUST 15 2018 TOWN BOARD MEETING PAGE 5 RESOLUTION #202 AUTHORIZE SUPERVISOR. TO SIGN AGREEMENT WITH CHA TO COMPLETE THE SCHEMATIC DESIGN/ DEVELOPMENT PHASE FOR THE PROPOSED CONCESSION -RESTROOM BUILDING FOR THE GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Proud Seconded by Councilman Reynolds VOTES: AYE - Tupper, Testa, Proud, Reynolds, Withey NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the agreement with CHA, dated July 12, 2018, for the schematic design/development phase, to provide architectural services to complete a schematic design of the proposed Concession -Restroom building for the Gutchess Lumber Sports Complex in the amount of $12,750.00. Councilman Proud made a motion, seconded by Councilman Withey, to receive and file Cortland County Planning Board Resolution No. 18-24, dated July 18, 2018, and Cortland County Planning Department recommendations, dated July 13, 2018, regarding the request for a Zoning Law and Map Amendment for property owned by Emmanuel Pothos located off of Weaver Road, tax map #87.00-05-11.000. All voting aye, the motion was carried. Attorney Folmer apprised the Board that the Town Planning Board considered the request at their July 31, 2018 meeting and recommended the Town grant the Zone Change subject to the applicable conditions from the County Planning Board. The County recommended approval subject to four conditions, however three of the conditions pertained to the proposed variance for a sign. The fourth condition referred to compliance with SEQR requirements. RESOLUTION 4P 203 SCHEDULE PUBLIC HEARING FOR AUGUST 15, 2018 REGARDING THE ADOPTION OF A LOCAL LAW TO AMEND THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Withey VOTES: AYE - Tupper, Testa, Proud, Reynolds, Withey NAY - 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for August 15, 2018 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, regarding the adoption of a Local Law for the year 2018 to amend the Zoning Law and Map of the Town of Cortlandville, as submitted by Emmanuel Pothos, to rezone a 2.82 +/- acre parcel located north of Weaver Road and South of Interstate Route 81 in the Town of Cortlandville, tax map #87.00-05-11.000, from its present zoning classification of Agricultural to 13-3 (Planned Commercial Business). RESOLUTION #204 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE TOWN -WIDE HOUSING REHABILITATION GRANT PROGRAM —PROGRAM INCOME FUNDS — CDBG #287HR326-16 Motion by Councilman Proud Seconded by Councilman Reynolds VOTES: AYE -Tupper, Testa, Proud, Reynolds, Withey ADOPTED BE IT RESOLVED, the Town Board does hereby authorize approval of payment for the following regarding the Town -Wide Housing Rehabilitation Grant Program —Program Income Funds — CDBG #287HR326-16: Voucher #51: Reome Electrical & General Contracting - $9,610.00 (Program Income Funds) Voucher #52: Joseph Jenne - $13,500.00 (Program Income Funds) � BOARD MEETING EMENT TO TO SIGN L � D-101 TKE LA �-- AUGUST 1 2018 SC�PERVISOF COV, p,TION � A�TwEEN THE �D OT OROVI'DE REC RESOLUTION X20 B ITY OF CORT THE (B 2018 SI CES, proud NAY _ 0 b Councilman Holds oilman Testa d, wit, ReY NIlotion y b Coun pxou ded YE Tupper, Testa to Sign the Secon for the A exvisox VOTES • ADOPTED and direct the Sup 2018 author e o f Cortland f ox n the total amount of Town I3oaxd does herebyd the city the of Coxtlandvill the Cortland Youth Bureau, gE IT RESOLVED' Town ment between reation sexvtces through ittee would be agreerovide rec Comm e a full City top ensive Plan lan be Sd t� were e Compreh ated the P wh° d announced that the p.rn. H that � mnlunitY mem Councilman Pzo hop this evenlnappreciative ° first work Board was conducting its fete. The erose4 year riteering heir time and eXp v olu n heat Testa, to adj°urn the rd. were cilm hex comments or discusslo b Coun seconded Y No furs made a xnotionmwas carried• Councilman proud the atian All voting aye' meeting P.m• ll Subxnitted, Regular ting was adj°umed at 5%033 Respectfta Y ly The mee vo w C petxella, RM 1{xistin E• R°coo Town. of CO'tlandville To on A_u-est 15 24 5 20 1 8. Town Board for Board me r ng °f 'ewer submitted to theat the Tow eeting was approved as written Note: of this e draft version of this meeting Th The final version