HomeMy WebLinkAbout2018-10-03 Town Board Minutes1 �9
OCTOBER 35 2018 5:00 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: Deputy Supervisor, Theodore V. Testa
Councilman, John C. Proud
Councilman, John P. Reynolds
Town Clerk, Kristin E. Rocco-Petrella
Absent: Supervisor, Richard C. Tupper
Councilman, Douglas E. Withey
Others present were: Town Attorney, John Folmer; Highway Sup't., Glenn Bassett;
Court Clerk, Pamela Bassett; Deputy Town Clerk, Patricia Romer; Village of McGraw Mayor,
Allan Stauber; Town Resident, Pamela Jenkins; Jacob DeRochie from the Cortland Standard
and Peter Blanchard from the The Cortland Voice.
Deputy Supervisor Testa called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Reynolds, to approve the
Town Board Minutes of September 5, 2018 and September 19, 2018. All voting aye, the motion
was carried.
Councilman Proud made a motion, seconded by Councilman Reynolds, to receive and
file the Cortlandville Planning Board Minutes of August 28, 2018. All voting aye, the motion
was carried.
RESOLUTION #228 AUTHORIZE PAYMENT OF VOUCHERS —OCTOBER
Motion by Councilman Reynolds
Seconded by Councilman Proud
VOTES: AYE - Testa, Proud, Reynolds, NAY - 0
ABSENT - Tupper, Withey
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A.
B, DA, DB, Voucher #1311-1408
HE, HG, HH, SS, SW General Fund A $ 49,582.64
General Fund B $ 4,773.30
Highway Fund DA $ 0.00
Highway Fund DB $ 59,640.25
Saunders Rd Sewer HE $ 0.00
Gutchess Lumber SC Project HG $ 0.00
New Highway Garage HH $ 10,214.69
Sewer Fund SS $ 21953.19
Water Fund SW $ 141054.24
Funds C131, C133, C134 Voucher #56-56
BMills Rehab CD
$ 0.00
Town Wide Rehab CD3 $ 15,000.00
Business Devl CD4 $ 0.00
Funds SF, TA, TE Voucher #48-50
C'Ville Fire District SF
Trust &Agency TA $ 42,535.54
Expendable Trust TE $ 0.00
Deputy Supervisor Testa offered privilege of the floor the Village of McGraw Mayor,
Allan Stauber.
Mayor Stauber updated the Board regarding the proposed installation of a footbridge in
the Village of McGraw. He stated he and Legislator Michael Barylski have conferred with the
NYS DEC and they have no issues permitting the footbridge to be put back into place. The NYS
DOT has no regulations regarding a footbridge. At this point, it was a matter for the Town and
170
OCTOBER 3, 2018 TOWN BOARD MEETING PAGE 2
Village Attorneys to discuss and put into place the proper language to indicate the Village would
take responsibility for anything that could happen with the footbridge in place.
Mayor Stauber indicated that Town Highway Supt. Bassett and Village Highway
Foreman Chuck Doran and Glenn Bassett would make the decision to pull out the foot bridge
due to a rain event. He stated the Village of McGraw Board understands that if the foot bridge is
pulled in a rain event, it could be months before it's put back into place.
Councilman Proud asked for clarification that the Village was to accept responsibility if
anything were to happen with the footbridge. Mayor Stauber confirmed the Village being
responsible.
Attorney Folmer stated he would contact the Village Attorney to discuss the matter
further.
Councilman Testa offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins requested her comments be included in the meeting
minutes. She stated in 2016 Cortlandville officials violated NYS SEQRA Law when they
granted a Negative Declaration to the Leonidas Starr Road high density project and that Negative
Declaration was granted in the absence of review or investigation into expected impacts of the
housing project. She said on September 19, 2018, Cortlandville officials refused to rescind the
Negative Declaration granted to the Leonidas Group and directed attendees of the Town Board
meeting to voice concerns at the September 25, 2018 Planning Board Public Hearing. Ms.
Jenkins stated the Public Hearing on September 25, 2018 was cancelled and citizens were
informed by the Planning Board that the final plans would be sent to CHA to see how similar or
dissimilar the final plan was to the original plan of 2016. Ms. Jenkins said SEQRA was violated
by Town officials when they granted a pre-emptory Negative Declaration and refuse to correct
the situation. She referenced comments made at the September 19, 2018 meeting when a Board
member said rescinding the Negative Declaration would set a bad precedent. Ms. Jenkins said
she believes it would be a bad precedent to let the legal actions stand in place. She said the clock
sticking and Cortlandville deserves better.
Councilman Proud recounted that it was he who said rescinding the Negative Declaration
would set a bad precedent and stated he stands by his comment. He asked Ms. Jenkins to clarify
what "clock is ticking", to which she replied she would not answer the question. Councilman
Proud briefed the issue of the Negative Declaration stands as it was not subjected to an Article
78 proceeding.
Ms. Jenkins said that an Article 78 proceeding cannot commence without a final action
taken on a project. She stated a final action was not taken because a site plan did not occur. She
repeated that the clock is ticking at this moment. She stated the Board needs to do a new
SEQRA or risk losing another Article 78 proceeding. She said a lawsuit cannot be initiated
previous to final action being taken.
Councilman Proud remarked it would be best to let lawyers or the Courts decide on the
matter. He added that although Ms. Jenkins has legitimate issues, SEQRA acknowledges on the
SEQRA statement that Town Boards are not necessarily experts on environmental issues.
Councilman Proud informed Ms. Jenkins that the Board has hired experts.
Councilman Proud made a motion, seconded by Councilman Reynolds, to receive and
file the monthly report of the Code Enforcement/Building Department for the month of
September 2018, submitted by Code Enforcement Officer Kevin McMahon. All voting aye the
motion was carried.
Councilman Proud made a motion, seconded by Councilman Reynolds, to receive and
file the monthly report of the Town Supervisor for the month of September 2018. All voting
aye, the motion was carried.
Councilman Proud commented that the the Board now has has a listing of all Fire and
Safety inspections that have to be accomplished every year, every two years or every three years
in order to track inspections being completed and to project revenue into the Town's budget.
Councilman Proud made a motion, seconded by Councilman Reynolds, to receive and
file the monthly report of Fire and Safety Inspections for the month of September 2018,
submitted by Code Enforcement Officer Desiree Campbell. All voting aye, the motion was
carried.
PAGE 3
TOWN BOARD MEETING to receive and
CouncilmanPTOu
dtheOCTOBER3,2018Seconded by 2. All voting aye,
made a motion, oath of September
Re Holds Clerk for the m
Councilman ort a f the Town and
file the monthly rep an Reynolds, to receive rice
was tattled. Councilm unications regarding p
motion motion, seconded b by
Comm carried.
Proud made a 2018 from otion was carr
Councilman dated October 1 All voting aye the m
correspondence ramming•
file e uipment and grog member with a copy
increases On q each Board mem owledging its
that she provided
°rted e Board adopt a resolution ackn
Town Clerk Rocco-Petrella rep nested th
the 2019 Tentative Budget and req
of TATIVE BUDGET
receipt RECEIVING 2019 TEN
ACKNOWLEDGE
SOLUTION #229
b Councilman Proud NAY _ 0
Motion Y cilman Reynolds
i Holds
Seconded by Co Testa, Proud, Rey
VOTES .. AYE - Tuppel � Withey
ABSENT - September 27, 2018
ADOPTED Budget on
Tentativ i hown Law.
Town Clerk received the in accordance
BE IT RESOLVED, he Town Board members,
d has presented it to the 2019 Fire District Budget
an the proposed
apprised the Board public review.
Rocca-Petrella aPP file
Town Clerk rk's office, where it is available Or p n Reynolds to receive and
b Couv d Oc ober 2, 2018. All voting aye'
was filed in the Town Cle a motion, seconded by
an Proud made osed Budget,
Co istrict Prop
Cortlandville Fire D
the 2019 was carried#
the motion
Attorney Folmer :
reported
PLLC to advise the
Group SEQRA Consultants: Group Group
Zoghlin d asked the ZOO"' goad for Leonidas
that the Boar on Starr next Board meetin&
YO eXplained the residential PUD before the ent once
Attorney arding reement to sign the agreement
RA process reg a retainer ag Tupper
Town oil the SEQ anticipated receiving Supervisor
it LLC He authorizing
of Virg requested a resolution
and he EMENT WITH
received. TO SIGN A R VIDE LEGAL
SUPERVISOR PLLC TO ENTAL
AUTIHORIZE GROUP ENVIRONM
#230 THE ZOGIN RL
GARDCj THE SITE PLAN GROUP OF VIRGIL,
RESOLUTION THE LEON
Sp
,PFOR
REVIEW PUD
LLC — STNFJ? D
b Councilman Proud olds NAY ` 0
Motion yb 11nc lmanReyn ReyHolds, Withey
Seconded y nude � Testa,
`COTES; AYE - eT� Withey
Tupp
ABSENT - n the
ADOPTED supervisor to sig
does herebyauthorize and direct the p o f Cortlandville
the Town Group of Virgil
the Town
Board LLC to render legal services t0 Leonidas
SOLVED> Klin process for the e
BE IT RE The ZOg Group ental review p reem
ent with Environm
agreement with the Site Plan
in connection roject per the rate schedule listed m t e a
LLC, Starr Road PUD p
PAGE 4
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g$SOLyE the Town 1 & Gen wn 0f LaFa gaga
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the town ed t0 avaft e v�,ould as to what p or his Op'nl ental Legal Osed lang
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contac move backg ade a mOti� SAAlpeTV 'y nby the $ x. All vOtorg
obtain P,oud n' ette T° ak ld°
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meat of 201$' elopoea v4 4 Oas is
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PAGE 5
BOARD MEETING M THE STATE FOR
TO�,rN O
T �201 8
NOTIFICA
#1
OCTOBER 3 201$ NCOOWF LDG L LAW O
#233 FILING O
PCA
ION
RESOiUT b COuncilmaRe nola n°lds�
Motion Y Council udRey
Seconded AYE _Testa, uro erg WitheY w
VOTES p,BSENT - T pp ed ca
rece1pt of tembe
ADOPTED 0wledg effective Sep
to ackn
tate Departmenan el I' °th°S) to be
New
NOT S endment �E ce
IT OSOLVEDI Law and Map i 3ustice Coin, p ssietan
ok with
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20 arding Sus gocco_petrella as in the am rant is rece1
ussion reg n Clerk umiont If the9
There `rias d 1>cation. Tow the $rant applica sllredaev TO
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Gran uld fire p
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SOLUTION #23`1 'NT t�DER
GRPTH
PROGRAM
b CouncilmainPr°Ruedynoldsnolds
1�°tion yb Councilrian gey
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e 3ustice
TES • NT - TUpp ough th er
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WHFREA'stance PrOgr nd llo has COMP leme t and furniture for
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rt
court, �� ' Hon. 01$_19 3ustice C°u
AS T °wn 3 Gzant' Application to p
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WH stRFance Progra and orfs Hon• C e Town Court, therefore sig the
piss 6 ? 1100' sly supe landvil e S ervisor t0 n
cost of $wn Boards a ion fox the C°� e and direct th up
EgF p,S, rogxam Grant App Des hereby author z further copy Of the
tion? as it is certified e
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orized and dine Unified COurt System
BE IT RESOFVED
3ustice Court Assistance
hereby aut New York 5ta
2018-19 Clerk is the and file
IDIthe TOS forv�,arded t0 rcceive
an Reyn°ids tO ber 21 , 2018'
�SOo n� esOlutron to be
foreg ed documents' Councilor Septern the motion
requir ded by ettesdaAd voting a CI
0tionsewn Glenn Bass
Gilman Proud hw Ya SupeTrnte Department emplO�e xI W
A`I
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Coun e from Ili$ two Highway SE FOR BS FROM
1:1c INCA THAN GIBUIPMENT
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regards g W AGE YEE 30 A HEAVY EQ
*as carried. AOTF1pRI ANT ENIPLo ERATORTO
I,UTION #235 DEPNJ TpgEQI-�IPMH TRAILER CDL
O MO ,Tog W1
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mom' Reynolds
b C°Cou In g ynolds7
Motion y E _ TeSta� ProudI e
SeoTEsd S NT _ Tupper, W ithey
V ApSOPTED
VN G lE
6
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0
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mount fzom �' Tle own B°azem Wit' bet of State R pz tie total az1'OUn
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ezvlspz t fol pr°p Tow" s
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pAGE'1
BARD MBBTl�G
TOS ND AUTxORIZB
TA
CT GBBR 3 2018 TxB 2018 BRANGS ER FADS
O AMB g oy ryo T
5CLUTIC' 1manReynoluds
Pr
M°tionbaby°Councilmall h yds
geconde AYE - Tes Tupper W 1 finds to ad)use
TB5 T1T - sfer osted t0 th
V Dp TED nd directed test an entry p for the lease
a
hereby auth0r� Cott
to adlohn DLescher
5upe�1s0T 1 the T °wn of ent received S o S Complex
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IT
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B e
onddisCuss'on ,'ere hear Councilman R yno
encs °r ed by
0 was
further comm made a mot otion Carri
Ned.
Proud aye, them fitted,
Councilor All Noting ally subm
x�eettng,ed at Respectf
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