The URL can be used to link to this page

Home My WebLink About2018-08-15 Town Board Minutes5.00 Y. A 0 BL1C AWN 15 , 2018 P� L LAW pF �GlSS L pCA 4NY 3 A A* A", L Tp 1,0 C3 i1CL�pp" 04S, 0 at the EL P,�III�A *V pNVN R YO NX) 000 of Co landVilTegarding Ni AP #gj the T o dew °vkan Map of AX wn B°avd °Dad, Cordae Zo„t La assify and of as held by the35°l,l ca NV °Rd am hd tl' erONNV, to re c ted nosh t xeaving �'. al Bailding201S whi manuelP0 acre o land 1 fvom its pvesen A Public e WV04p ov the yea is by Em 2 g2 t I Covtlandville, aye°nd G • o f a °cal La- applicati� �si5 ,a% ° he flow' °f 1 Business) R tion Ville 000 Sl in is the adop Copland 00�p5r11 to 1R��te ned C°mn'erc C upper the Town of map #g1 • of lntersta B-3 Plan Rrchard Testa Teo odsoualtOs°r0d°re°unev glflCatiOnn, Reye s of n clan went: CounciVilaan 13o P • �Nithey trella 7onr g embers loves uncilm Douglas R°GCO pe Councilman, �vistinE. Bassett' Clerk, ,t Glenn 3acob Town' coup • Otevs•' n F°lmev° g,�cins' N tl nd 1/°1Ce mey Soh t Pamela the Cor T own Ahown ResideB�stocchi f rom t were• ev, T unah Max en Rom d 0SIC, a d pled pthevs loves loo atvind Standar , d an to °oder eputy T o om th k' tl a ubl�shed' p°ste D ve fv e C ed the Public xeaving ch Tupper ca11 la, vead aloud the lo Supervisor R°cc° petvel T on Clerk, l�vistin o those in attendar'ce. viVilege of the wf1°°v notice• . ISO, Tuppev offered p 5uperysts were made Ons were heavd' �o veQue comments ov discuss' S 03 lo No fu�hev s closed at e Public xeaving v`'a Th 5.03 p M. G held at the Coxtlandvvx 4C Vs mj oxk, TOS 'vown °fCo and, �l e C G17S� 15�2p18 ryown $oaxa� Ze ace Road A� xeetin� °f 1 eBu�lding& 35 C �uppex the Re$uia e Nlu alp u exvts°x' Cb Qd°xe Q� esta d G �hoxpxesidln S o ncllxnan� john C' Fx Holds Raymonsox puppex p ent Councilman ohn p ' Rey itheY Supe Nlenlbexs Axes Councilman Dou%las E occo petxella Councilman xistin E • R Bassett own Clexk� K G1em' gup't• oxtexs'• SaGob hvJaw y s � vatic ex Plt� 14ee Io1�z' Fol mela lenki esCortlan e ry own A�ox Resi Bl pocchx fxot" th t wex ex arena Boaxd for theix Others pxe� k� patxiGta R n ard, andK e uty Zov� C e Cortland Stan eetingtO °xdex• eve pxesela to th D�egoc Ile Exam Tuppex Galled them of August 1, 2p18 w Supexvisox n Boaxd inutes QRS - AlGS� Zlie pxaft ry OF V O� C xeview • O�ZE P A d ithey '4p" A� - 0 10 #206 Councilman a withey xoud�Reynolds' Sp1 �T °tion by Councllm T esta, �' follov�'s seconded A - `1 uD ex ry-red shall be pard as V OTES . N'DO'? ave been audited a uchexs submitted h 46 $ 9 3044.40 b8�• the vo #j064-11 0.00 SO LIED V oucOv and P 253.58 $� 1T O Geper o m a lB p 6 Fonds blE7 NG, ss, sw K gha y Fu d eco xG s 491 $2053 K�g1i dens Rd Se`vC SC vvolect 88153 61 un L be e 565.13 Gutchessbw y Gaxag 11 11 dew 111g d ss Sewer FuTV nd sw 0.00 mater Fu $ 0.00 voucbex # ab CD1 3 $ 0 00 C�4 B�,ills We Kebab CD C'D C�3, 'Cow"w pevl Cp4 0.00 Fends Business s 5F, tA,�F TYust 441 4 1 s 1260 000 bexD1°ucVC CVill FifeT&NgelysB d 0 e 6 - 40 xeAuests `"iexe Funds Expend e in attendanc of the floox to rhos lds� t° xecevve 3-61 d le%C an Rey oo the month sox ryuppex offexe p nded by Coe n Mahon f le Supei co t Offic and fi otion se en ve made. xoud made aCode E�f cem an Pxoud, t$ xeAll voting ayes Councilman To of T° was caxxie Councilznof duly 201 monthly xep the motion sec OT by e month and file the All v0tin� ay otion fox ceive 1g. made a m County SPCA t eye°�ds' to the m°tion 20 �1 ithy land R ay unGilman the C° Councilman All voting o hly repo"00 ri SeGO fndea h o f 1uly 2p18 txle the m0 voi1 `'Jas Gamie xoud made a x p°oxt f ox the m°n Councihna Sewex monle thly �N atex and Ile vias caxxied' AUGUST 15, 2018 TOWN BOARD MEETING PAGE 2 Councilman Withey made a motion, seconded by Councilman 8 ta,All voting aye, the the monthly report of the Town Supervisor o receive and file for the month of July motion was carried. and the Testa to receive Councilman Proud made a motion, seconded by Councilman vot ng aye, the motion as monthly report of the Town Clerk for the month of July 2018. Allcarried. the Councilman Proud made a motion, seconded by Councilmanh Testa, t prof July and file All monthly report of Town CodeEnforcement Officer Campbell o 80 motion was carried voting aye, the u ervisor Tupper apprised the Board he received a letterfrom f in order included Robert Sikora lude cult al Supervisor requesting the addition of language to the Town Zoning C hat the Board activities not included in the current zoning'He explained omp r would hensive Plan was underway* considering changes to the Code at this time since the Supervisor Tupper would forward the correspondence to the Comprehensive Plan Committee. Pnd Under old business, Attorney Folmer explained that the Emmanuel Pothos,thaxLmap Amendment requested by Agency for the Zoning Law and Map _ental EAF) was complete. #87.00-05-11.000. Part 1 of the Short Env for Part 2 of the Short EAF ( to which the Board Attorney Folmer read aloud the questions Id be a change members answered.that wou Attorney Folmer advised that because the Board identifie indicatethat thereewould be a change in use or intensity of land, Part 3 of the EAF shouldBoard wanted to use of a change in zone. Attorney Folmer questioned whether Attorney Folmer stat d he iwould because responded they did. i Negative Declaraton, to which they complete the narrative for Part 3 and provide it to Supervisor Tupper. RANGE NE SOLUTION #207 DECLARE NEGATIVEBY ECIvTFOR IMANUELOPOTHOS FOR REQUEST SUBMITTED PROPERTY LOCATED NORTH OF WEAVER ROAD Motion by Councilman Proud Seconded by Councilman Withey nolds, Withey NAY - 0 VOTES: AYE - Tupper, Testa, Proud, Rey ADOPTED AS a Zone change request was submitted by Emmanuel PothCort os for oilleland from its prelocated orth WHEREAS,of of Weaver Road and south of Interstate Route nn i Commercial al Business), and zoning classification of Agricultural to B-3 WHEREAS, the Town Board as Lead Agent duly reviewed and completed Part 2 of the Short Environmental Assessment Form, therefore ED, the Town Board as Lead Agent, does hereby BE IT RESOLV and di tlisTefurtherthat he proposed Zone Change request shall have no significant environmental impa RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to the Zone Change request. hey reviewed the The Board agreed to delaying action on the proposed atedLocal uld addlthe proposed Local language for Part 3 of the SEQ A Agenda of Sept tuSupervisor TUber 5pper t 2018 for consideration. Law to the Town Board Meeting g Attorney Folmer reported: Cortlandville Fire District Aquifer Protection Permit: e full SEQR ort as Attorney Folmer apprised the Board he was in possession of he Aquifer Protection Permitt Application prepared prepared by The Zoghlin Group PLLC regarding t q submitted by the Cortlandville Fire District for a Live Fire Training Center. FormThe repot included Folmer Part 1, Part 2 and Part 3 of the Full Environmental Assessment requested the Board receive and file the documents. I q G AUGUST 15, 2018 TOWN BOARD MEETING PAGE 3 Councilman Proud made a motion, seconded by Councilman Testa to receive and file Part 1, Part 2, and Part 3 of the SEQRA Full Environmental Assessment Form as submitted by the Town's consulting firm, The Zoghlin Group PLLC, regarding the application for an Aquifer Protection Permit submitted by the Cortlandville Fire District. All voting aye, the motion was carried. RESOLUTION #208 BRING THE AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY THE CORTLANDVILLE FIRE DISTRICT OFF THE TABLE FOR BOARD CONSIDERATION Motion by Councilman Proud Seconded by Councilman Withey VOTES: AYE — Tupper, Testa, Proud, Reynolds, Withey NAY — 0 BE IT RESOLVED, the Town Board does hereby bring the Aquifer Protection Permit application submitted by the Cortlandville Fire District off the table, and to add the item to the Town Board Meeting agenda of September 5, 2018 for Board consideration. Agricultural and Farmland Protection Plan —SEQR: Attorney Folmer apprised the Board he had the completed SEQR documents regarding the Town's Agricultural and Farmland Protection Plan, which was on the agenda as I.8. He requested that he be able to discuss the item later in the meeting. Hiawatha Landing —Expenditure of Town Funds: Attorney Folmer stated he was asked to investigate the possibility of monies expended in connection with the lease of property at Hiawatha Landing as amounting to an unconstitutional expenditure of public funds for the benefit of an individual." He explained he had the opportunity to research the subject. He examined the Constitution, Article 8 Section 1 and several judicial decisions, which have construed the provision of the Constitution. Attorney Folmer stated in his opinion, as of this date, there has not been an unconstitutional expenditure of funds. Attorney Folmer based his opinion on several things. First, Town Law gives the Town Board the opportunity and the authority to lease property. Second, the Town has the ability to expend funds for recreational purposes. The Town has a lease agreement, although Attorney Folmer admitted "the cart got before the horse in the beginning." The lease agreement runs for a period of five years subject to an exception, which he would explain. Attorney Folmer stated that at the present time he sees no benefit flowing to Hiawatha Ventures/Hiawatha Landing because the lease has been turned over to the Town; the landlord pays the taxes and has no control over what the Town uses it for. Without a doubt, it is being used for recreational purposes. Consequently, Attorney Folmer's opinion was that as of today there has been no questionable expenditure of public funds. However, Attorney Folmer explained that the lease contains a termination provision that either party can terminate the lease upon a 60 -day notice to the other. In the event that either party shall exercise that option and terminate the lease, then an examination of the expenditure and the present value of that expenditure at the time of expiration will need to be accomplished. If at the end of the lease, whether it be by early termination or the expiration of the term of the lease, then the Town would be entitled to remove any property of intrinsic value that the Town has installed on that property, such as the blocks put in place to prevent someone from driving into the river. Once the lease is terminated, either by early termination from a 60 -day notice or upon the expiration of the term without a renewal, then a determination will have to be made as to whether there has been an improvement requiring reimbursement and a determination made as to the value of those improvements, should there be any in fact. Councilman Withey requested discussion on Hiawatha Landing. He expressed his appreciation for Attorney Folmer's opinion and stated that he and Attorney Folmer have been discussing the issue for the past four months and have met six times on the subject. He reported that he met with outside counsel regarding the issue and was informed he is on solid ground. He said the Town, at the time, did not live up to fiduciary responsibilities as it relates to improving private property. Councilman Withey stated it is very clear in the Constitution and General Municipal Law that the Town did not have the right to use personnel or equipment for the benefit of private property, but the Town did in the amount of approximately $32,000. He proposed that no action be taken now, except comments. He stated he would put together a AUGUST 15, 2018 TOWN BOARD MEETING PAGE 4 packet for the next Board Meeting and discuss the matter in its entirety. Attorney Folmer interjected and stated he would stand by his opinion. Councilman Withey requested that the matter of Hiawatha Landing be placed on the September 5, 2018 meeting agenda. Supervisor Tupper questioned it being an agenda item to which Councilman Withey replied that it could be done however the Board wishes, but he wanted action taken soon. Councilman Proud asked what action he wanted taken. Councilman Withey reiterated he would put together a package and would propose a resolution for the next meeting; the Board could take whatever action they see fit at that time. Supervisor Tupper apprised the Board that the Town requested a budget modification for the Town -wide Housing Rehabilitation Grant, CDBG #287HR326-16. The Town requested and received approval from the NYS Office of Community Renewal for an additional $23,110 of the Town's program income to be used to complete renovations of two homes already benefiting from the 2016 Town -wide Housing Rehabilitation Grant. Supervisor Tupper added that the Town requested use of $84,000 of the Town's program income to purchase ADA playground equipment for the Gutchess Lumber Sports Complex. He expected approval of the Town's request in the near future. Councilman Proud made a motion, seconded by Councilman Withey, to receive and file correspondence from NYS Homes & Community Renewal, dated August 9, 2018, regarding the Budget Modification Approval for the NYS CDBG Project #287HR32646, Town -wide Housing Rehabilitation Grant. All voting aye, the motion was carried. RESOLUTION #209 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE TOWN -WIDE HOUSING REHABILITATION GRANT PROGRAM CDBG #287HR32646 Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Proud, Reynolds, Withey NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize approval of payment for the following regarding the Town -Wide Housing Rehabilitation Grant Program-CDBG #287HR326- 16: Voucher #53: Wade Sprouce - $2,600.00 Voucher #54: Wade Sprouce - $3,500.00 Voucher #55: Empire Construction of CNY - $5,700.00 RESOLUTION #210 SCHEDULE PUBLIC HEARING REGARDING THE SUBMISSION OF AN APPLICATION FOR A 2018 NYS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), TOWN -WIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Proud Seconded by Councilman Withey VOTES: AYE — Tupper, Testa, Proud Reynolds, Withey NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing for Wednesday, September 5, 2018 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, regarding the submission of an application to New York State for funding for a 2018 NYS Community Development Block Grant (CDBG), Town -Wide Housing Rehabilitation Program. RESOLUTION #211 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE —Tupper, Testa, Proud, Reynolds, Withey NAY — 0 ADOPTED PAGE 4 OARD ��ETIT�G ly a potion of their TpW� B to app s municipalities unictpality and ST l5 2018 sectyl ion 126 on real property in that m islatare , CYay% �Gls Law t Ta A w York Tax Taxes levied up e Cortland County of the C nastyd that e th action �xE AS N t the property nests that ed in the red divided by er faX aV'Z: eville req be utiliz eSolution tribution as P own of Conlan of sales Tax to this r es tax dis Rinds sales nested uarterly sal remaining wP1 aoNs' the h ars and zero c wl h the a o e CoantD gnibution, `"pith any zero d PrOperty acted fr Tax and 62� thls Sq.04 st Beal ded Sales of Cortlavill e" section 12 e again amount be related to levte erly County to the Town Law 54.04 qe � �,, ith the ayments Patd to Nem' Y ork ana be it her this agreeni sales Tax p that Pa tale ndar year 2019 Copy of SALVED' d a 1 P opedity Tax Office in available e commencing �'`' 11 f orwar 1T p�RT b� ff ttv Town Cleo Sh cj County Rea BE n of COrtlaneville C tan resolution shall at the Tow ounty TreaSur e nbe 1 e� 201$' e moment of RESOLVEDo the C°rtlaneail bef°re sept e York state tphe Route 13 Certified v'' vertically. ReSolution ed or from the concerns a d Register ce s mining laterally ar' 1 action oneen by ding CO�esp the Tovm it both t no Officia ental discussion rets DEC) regardtna e1 mine pea complete' a pull Enviro befOre There was ation sand and tion being declar v,,ould requITC tile orreSponane the ental Conservn�oeify their app he stated t°ty fox the Town Envirola m tion t° on the pp inion ccording s apphca commented In his °e been old be a Ale °Ppo to Bock proud iS resolved' t hav d file Couric ken until SEQ t of issueSade� there w° to receivYS DEC) being Of Significance tSithey impact Statement e by Councilman servation lication to tion oniments' and a o f Environmental C° 13 -Rocks app a eetermina vide c otion, sec d the Route public to PrO a& a to Departure carried s art ar, Proud m York State Hing concern otion was file Counct e fxorn the dew the Town s nuvota Q aye' the m s ondenc 1g regarding e pent"it• A11 to rete the wa s come P uSt � , 24 vel min an ReyriOld ReCT ing plan. dated Aug e and gra b Councilor 1 pls� con d P otection their San ded Y Aust , 2 & armlan x modify secon dated made a tnoilon Markets, , s Agriculture an Proud riculture & to the T°wn hort1ey polmer COuncilln NYS Ag regard plan A anePart cl cOrreSp°nderit as Lead Afvolll gewa curried land Protectte�ts� part 1, Paid a and filed request to ac e the motion Agriculture and p a 5EQR e daC�ents be Te w°aid have an All voting ay s of the completeuested th The B e to the TOwtt e asion lie req agenda' �ear osS Boaxd meeting Bo e he was in P onsultants C d file Part owns Town e an apprised an\Vithey� to Tecel Town of as prepared by the entpl$ fox the Oard: s 3 , d placed on the , e the dOcum seconded by C°a l A SeSSment p ° o the T ° B att nity to s motion virot'rnenta lace the item °pporm an Proud made EQRA pull En n Plan acid to P was 'aided' Council Pmt 3 of the parrnland Pr 11 vot ng aye, the ni°tion and an 2418. A the 1 P art 2 icalmr tember 5 to adjourn 1 d gen � or Sep were beard. COrtlati usSion by Councilman Testa Meeting her comments or disc O fort a motion s s°arvied. N lla made tion wa Councilman 1P�Otimg ayes the mo Mee 1119P A d at 5:2g P'm. espectfully submitted' Regular was adJourne The meeting �� petrella, RM Kristin E• R°ccOr oval of Cortlanevtlle To Au ust 2g 201 tember ed as e Town goat oWri Bea meeting eeting was submoVecx to w �tten at the T of this m was app The draft version of this meeting Tlote'. The final version