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HomeMy WebLinkAbout08-02-2000August 02, 2000 11 ' 293 1 PUBLIC HEARING LOCAL LAW - 2000 MANUFACTURED HOUSING A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning the adoption of a Local Law for the year 2000 which would amend the Zoning Law of the Town of Cortlandville to permit the location of manufactured housing in designated zoning districts and specifying regulations concerning such housing. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilat.o Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush: Water and Sewer Sup't., Peter Alteri; Town residents; John Sikora, Steve Willson, Gary & Gerald Henry, Anthony Gallo: Richard Schutz from Suit-Kote; Phil Simon of MVE Homes; Dick Musaw of Value Homes and Chris Nolan, Cortland Standard. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Philip Simon of MVE Homes was given privilege of the floor. Mr. Simon attended several Cortlandville Planning Board meetings regarding Manufactured Housing. The items proposed by the Planning Board to the Town Board for adoption are: . 1. The foundation shall meet the manufactured specifications as per the HUD Code. The skirting enclosure shall be constructed of a masonry material. Per generally accepted standards. 2. A site plan review is required by the Planning Board. 3. Manufactured Housing would be allowed in an Agricultural District. 4. A Public Hearing will be held with notices sent to property owners within 300' of the property. Mr. Simon indicated to the Board that the proposal was acceptable with #2 & #4 questionable. Proposed #4 requiring a Public Hearing would take additional time. The manufactured home purchaser has 60 days to guarantee a mortgage. The Cortlandville Planning Board meets once a month for a 30-day lapse. Adding the purchase agreement time frame could run out. The applicant may need to reapply all over again. Gary Henry of Blodgett Mills also questioned the Public Hearing proposal. Stating if the applicant met the criteria for a manufactured home why hold a Public Hearing. These individuals require housing quickly. Attorney Folmer stated the Planning Board would like to step forward on this issue but at the same time keep control. The Planning Board has the discretion for each and every instance. Wishing to hear through the Public Hearing process now instead of the repercussions later. At this time Mr. Folmer has not drafted the proposed Local Law as he was waiting for this Public Hearing. Mr. Folmer also wished to speak with CEO, Bruce Weber concerning the necessity of a Public Hearing by the Town Planning Board. A discussion was held regarding the Planning Board's decision to hold Public Hearings. Issues were raised regarding property values of stick built homes vs. manufactured housing side by side in the same neighborhood. 294 AUGUST 02, 2000 PUBLIC HEARING PAGE 2 Steve Wilson spoke of a working session the Planning Board held studying zoning codes collected from out lying areas included Public Hearings. A discussion was held regarding the possibility of an agriculture zone changing to residential after a subdivision. Mr. Folmer explained choices of activities in an agriculture zone are broader than in a residential zone. He went on to explain the possibility of a manufactured home built in an agriculture zone being next to a stick -built home in a residential area. A Public Hearing could educate those in attendance on the difference between mobile homes and manufactured housing. Manufactured housing does not mean trailer. Mr. Henry stated there are several mobile homes near his properly. Several years ago they were not there. Manufactured housing has improved significantly over the years. Supervisor Thorpe commented before the current zoning ordinance, trailers were allowed in Corllandville. Residents complained due to the deterioration of trailers. Responding to a question regarding how the Planning Board makes a decision at a Public Hearing, Attorney Folmer stated the decision is not based on popularity. More residents come out against something vs. those that are unopposed. The Planning Board takes into consideration information heard and materials supplied. Attorney Folmer stated before he draws an ordinance he has to have all the appropriate and legal information. At this point he does not have that. Councilman Pilato stated in order for the Town Board to make a professional decision they need the reason the Planning Board recommends a Public Hearing. The Board members do act accordingly and fairly. Our Town Attorney investigates all situations thoroughly. A discussion was held in reference to the Public Hearings being discriminatory. It was asked how much longer before a decision would be made. Attorney Folmer stated he will be out of town August 19' for a week. He will have something for the Board no later then the September 6, 2000 Town Board meeting. No further questions or comments were heard. Councilman ®'Donnell made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The hearing was closed at 7:45 p.m. 295 AUGUST 02, 2000 7:45 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water and Sewer Sup't., Peter Alt.eri; Town residents; John Sikora, Steve Wilson, Gary & Gerald Henry, Anthony Gallo, Richard Schutz from Suit-Kote; Phil Simon of MVE Homes; Dick Musaw of Value Homes and Chris Nolan, Cortland Standard. Supervisor Thorpe called the regular meeting to order following a scheduled Public Hearing on Manufactured Housing. Councilman Pilato made a motion seconded by Councilman O'Donnell, to receive and file Cortlandville Planning Board Minutes of May 30, 2000. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file Zoning Board of Appeal Minutes of May 30, 2000. All voting aye, the motion was carried. RESOLUTION #150 AUTHORIZE PAYMENT OF VOUCHERS AUGUST Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers # 391 - 413 $ 6,227.66 General Fund B 93 - 99 $ 5,438.47 Highway Fund DB 267 - 282 $ 114,823.12 Water Fund 195 - 206 $ 132,465.60 Sewer Fund 115 - 119 $ 36,636.67 Capital Projects 42 - 42 $ 250.00 Supervisor Thorpe offered privilege of the floor to town resident, Anthony Gallo. Mr. Gallo presented to the Board documentation drafted by him regarding his costs paid for several years for town water and sewer. Mr. Gallo indicated to the Board he has been over charged for the use of town water and sewer and demanded a refund. Mr. Gallo estimated that over a seven-year period the refund amount would be $350.35. His reasoning for calculation is for the usage of water metered for outside use. In turn is then charged as sewer usage also. Water & Sewer Sup't., Peter Alteri explained the standard procedure is to bill the sewer usage the same as the water usage unless a separate meter is installed. A solution would be to install another meter at the cost of $500 to monitor sewer usage separate from water usage. This was unacceptable to Mr. Gallo. Mr. Gallo feels his problem is the town's responsibility. 296 AUGUST 02, 2000 TOWN BOARD MEETING PAGE 2 The Board stated the town is not responsible for the installation of a second meter. Councilman Pilato explained that utilities charge an average usage fee and everyone is charged the same. Municipalities cannot do for one resident what they can't do for others. Water & Sewer Sup't., Alteri explained the replacement of water meters since 1998 has reduced unexplained water leakage from 47.9% to 3.3%. If the meters were not replaces the water rate would have to be raised. Mr. Gallo reiterated his feelings of paying for something he was not using. No action was taken. Under privilege of the floor, Councilman O'Donnell apprised the Board of a meeting Councilman Testa and he held with Town Hall employees. Discussed was the upcoming newsletter to be out soon and 2001 summer hours for Town Hall. Councilman O'Donnell stated the meeting went well. Supervisor Thorpe apprised the Board of his upcoming meeting with the new Superintendent of the Cortland Schools. He will report back to the Board. The monthly reports for July 2000 for the Town Clerk and Town Supervisor are on the table for review and filed in the Town Clerk's office. RESOLUTION #151 TABLE LOCAL LAW OF 2000 - MANUFACTURED HOUSING Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on Local Law 2000 - Manufactured Housing for further investigation. Richard Schutz, Operation Manager for Suit -Kole Corp. requested an approval of Suit-Kote's Aquifer Protection Permit application. Attorney Folmer stated the Board now has the Town Planning Board's recommendations. Mr. Folmer recommended these be included as part of the Board's approval. Attorney Folmer and Town Clerk Snyder will prepare an appropriate resolution. RESOLUTION #152 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2000 FOR SUIT-KOTE CORP. FOR PROPERTY LOCATED ON ROUTE 11 SOUTH IN POLKVILLE Motion by Councilman O'Donnell 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, NYS DEC acted as Lead Agent declaring a Negative Declaration for this 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 #3 of 2000, submitted by Suit-Kote Corp. for a proposed mining expansion for property located on Route 11 South, tax map #'s87.00-02-16.120, #87.00-03-21.100, #97.00-01- 04,06,31, & 60, as requested, and it. is further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. AUGUST 02, 2000 TOWN BOARD MEETING PAGE 3 297 E RESOLUTION #153 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION" FOR REVIEW OF ASSESSMENTS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, The Town Board does hereby acknowledge, by receiving and filing, the "Notice of Petition", regarding their current assessments from the following: Pall Trinity Micro Corp. Tax Maps 95.12-01-07.000 95.00-05-12.000 95.00-05-13.000 RESOLUTION #154 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of county sales taxes which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with the calendar year 2001, and it is further RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services by registered or certified mail before September 01, 2000. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter dated July 18, 2000 from Kevin Whitney Chief of the Cortlandville Fire Department All voting aye, the motion was carried. The letter was in reference to town highway employee Darby Humphrey for discovering a fire at. 4189 Carr Hill Rd. His quick notification to the Cortlandville Fire Department allowed the fire to be controlled and kept the damage to 'a minimum. Supervisor Thorpe will draft a note to Mr. Humphrey for his expeditious response during working hours. RESOLUTION PROTECTION APPLICATION OF.• AND COUNTY PLANNING BOARDSO. THEIR r RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Gary Crisalli - Intertek formally known as ETL Testing, for property located at NYS Route 11, tax map #87.00-03-20.000, shall be referred to the Town and County Planning Boards for their review and recommendations, and it is further RESOLVED, the Town Board does hereby request consideration be given to the input from Cortland County Soil & Water Conservation Department. AUGUST 02, 2000 TOWN BOARD MEETING PAGE 4 RESOLUTION #156 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION FOR ROYAL CHEVROLET FOR PROPERTY LOCATED AT 3838 NYS ROUTE 281 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for August 16, 2000 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Royal Chevrolet for property located at 3838 NYS Route 281, tax map #86.17-01-10.211. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file a letter dated July 28, 2000 from Barry A. Stevens, NYS DOT to the McLean Road residents. All voting aye, the motion was carried. The letter was a response to the McLean Road residents traffic concerns. Attorney Folmer discussed with the Board the issue of Bingo within the town. Currently the town has no ordinance for Bingo. At the June 7, 2000 Town Board meeting in Blodgett Mills several residents discussed this issue. These individuals have since discussed it even further. Attorney Folmer has investigated how to implement Bingo and adopt an ordinance for it. A Public Hearing must be held along with an adoption of a Local Law. This task needs to be completed 60 days prior to a General Election. The Local Law must be presented to the Board of Elections within 56 days of a General Election for a Mandatory Referendum. The elective votes would have the final decision. RESOLUTION #157 AUTHORIZE TOWN ATTORNEY TO PROCEED WITH LOCAL LAW - 2000 BINGO Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Attorney to proceed with the process to implement an ordinance for Bingo within the town. With no further comments or questions the meeting was adjourned. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 8:25 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:00 p.m. Respectfully wren Q. Snyder Town Clerk Town of Cortlandville