HomeMy WebLinkAbout04-06-1983Wednesday, April 6, 1983 7:30 P.M.
PUBLIC HEARING
AMEND ZONING CLASSIFICATION -
SOUTH AND NORTH SIDE OF-LUKER ROAD
A Public Hearing was held at the Town Hall, Town of
Cortlandville at 7:30 P.M. to consider a proposed amend- •
ment to the Town of Cortlandville zoning ordinance and map
for property located on Luker Road.
In attendance were Supervisor Nadolski, Councilman
Ray Thorpe, Councilman Edwin O'Donnell, Councilman Melvin
Pierce, Attorney Phillip Rumsey and Town Clerk, Pauline
Parker.
Also present were Deputy Town Clerk, June Bradshaw;
Zoning Officer, Don Fowler; Justice, Don Eaton; Engineer,
Peter Novelli; Highway Sup't., Carl Eaton; Confidential
Sec'y., Edna Puzo; Legislator, Richard Tupper; Newsreporters,
Dick Camerano and Peter Iglinski and residents Clarence
Ochs, Ken Andrews, Seymour Parker and Joe Puzo.
The Public Hearing was opened by Supervisor Nadolski.
The Town Clerk read the legal notice as follows:
LEGAL NOTICE
TOWN OF
CORTLANDVILLE
Please take notice that a;
Public Hearing will be held,
by the Town Board of the'
Town of Cortlandville on
April 6, 1983 at 7:30 o'clock,
p.m. at the Town Hall, 15 Ter-
race Road, Cortland, New
York to consider a proposed-
amendment to the zoning or-
dinance and map of the Town
of Cortlandville, to change
the use classification of the
premises .hereinafter
described from "Business"
to "Industrial". The
premises affected hereby are
situated south and north of
Luker Road in the Town of
Cortlandville, County of Cort-
land, and State of New York
and are identified by tax map'
parcel No. 86.17-1-01, No. 86-
17-1-11 and No. 86.17-1-12.
All parties in interest shall
attend and be heard at the
public hearing aforesaid.
Pauline H. Parkpr
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Town Clerk
Town of Cortlandville
Dated: March 22, 1983
72-1t
Supervisor Nadolski asked for comments from those in
attendance.
No comments were offered.
Councilman Thorpe made a motion, seconded by Councilman
O'Donnell, to close the public hearing. All voting aye, the
motion was carried.
The hearing was closed at 7:35 P.M..
April 6, 1983
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PUBLIC HEARING
AMENDING OF THE CORTLANDVILLE
DOG CONTROL ORDINANCE
A Public Hearing was held at the Town Hall, Town of
Cortlandville at 8:00 P.M. to consider Lmendihg the Town
of Cortlandville Dog Control Ordinance.
In attendance were Supervisor Nadolski; Councilman
Ray Thorpe; Councilman Edwin O'Donnell; Councilman Melvin
Pierce; Attorney Phillip Rumsey and Town Clerk, Pauline
Parker.
.Also present were Deputy Town Clerk, June Bradshaw;
Zoning Officer, Don Fowler; Justice, Don Eaton; Engineer,
Peter Novelli; Highway Sup't., Carl Eaton; Confidential
Sec'y., Edna Puzo; Legislator, Richard Tupper; Newsreporters,
Dick Camerano and Peter Iglinski and residents Clarence
Ochs, Ken Andrews, Seymour Parker and Joe Puzo.
The Public Hearing was opened by Supervisor Nadolski.
The Town Clerk read the legal notice as follows:
LEGAL NOTICE
TOWN OF
CORTLANDVILLE
a
Notice is hereby given that
a public hearing will be held
by the Town Board of the
Town of Cortlandville, Cort-
land County, New York, at
the Town Hall, 15 Terrace
Road in' the Town of Cort-
landville on April 6, 1983, at
8:00 o'clock p.m. to consider
the adoption of an ordinance
amending the Town of Cort-
landville Dog Control Or-
dinance enacted December 5,
1979 and thereafter amended,.
'to increase the fees for dog
licenses; to increase the im-
poundment fees paid' by
owners to redeem seized
dogs; and to establish
minimum and increased
fines for violations of said or-
dinance.
All interested parties and
citizens will be heard at the
public hearing to be held as
aforesaid.
DATED: March 24, 1983 ,
PAULINE PARKER
Town Clerk
Town of Cortlandville
75 Terrace Road
Cortland, New York 13045
York
•
73-1t
Supervisor Nadolski explained that increases of fees
were necessary at this time to cover the cost of the
program: -:which will be reviewed now.
Supervisor Nadolski gave those in attendance the
privilege of the floor.
in
42'
April 6, 1983
Page 2
Justice Don Eaton reviewed penalties under Article
7 of the Agriculture and Markets Law.
Supervisor Nadolski reviewed the revenues received
for the program. They have declined in most areas,
especially fines collected and the number of dogs licensed.
We need to have an enumation taken. This used to be
done annually, but has not been done since the new program
has started. This is the responsibility of the Town.
Supervisor Nadolski reported that other Towns allow
their Dog Control Officer to keep the fees that they
have collected. We pay by contract.
A discussion followed concerning those dog owners
that are delinguent in obtaining their license timely,
which is very costly to us.
Ken Andrews, Lamont Circle, reported that he wrote
a letter to the state. In the response he received they
advised that if enough revenues were not received from
the licensing program, we could increase the, impoundment
fees and levy a realistic fine for violations.
Attorney Rumsey was requested to review the problems
mentioned and offer suggestions to amend the ordinance
and report to the Town Board at the next meeting.
Councilman Pierce made a motion, seconded by Council-
man O'Donnell to close the public hearing. All voting aye,
the motion was carried.
The public hearing was closed at 8:45 P.M..
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L:
Wednesday, April 6, 1983
7:35 P.M.
The regular meeting of the Town of Cortlandville Town
Board was held at the Town Hall, 15 Terrace Road, Cortland,
New York with Supervisor Nadolski presiding.
Board members present were Supervisor Nadolski; Council-
man Ray Thorpe; Councilman Melvin Pierce; Councilman Edwin
O'Donnell; Attorney Phillip Rumsey and Town Clerk, Pauline
Parker.
Others present were Deputy Town Clerk, June Bradshaw;
® Zoning Officer, Don Fowler; Justice, Donald Eaton; Engineer,
Peter Novelli; Highway Sup't., Carl Eaton; Confidential
Sec'y., Edna Puzo; Legislator, Richard Tupper; Newsreporters,
Dick Camerano and Peter Iglinski and residents Clarence
Ochs, Ken Andrews, Seymour Parker and Joe Puzo.
The meeting was called to order by Supervisor Nadolski
at 7:35 P.M..
Councilman Pierce made a motion, seconded by Council-
man O'Donnell,to accept the minutes of March 2, 1983 and approve
March 21, 1983, as written. All voting aye, the motion minutes
was carried.
RESOLUTION # 79
AUTHORIZE PAYMENT OF.VOUCHERS
Motion
by Councilman Thorpe
pay
Seconded
by Councilman Pierce
vouchers
VOTES:
ALL AYE
ADOPTED
BE IT RESOLVED that
the vouchers submitted
have been
audited and shall be
paid as follows:
General Fund Vouchers # 78 - 120
$ 13,342.66
Highway
11# 59 - 84
6,222.70
Water Fund
if# 33 - 50
2,369.83
Sewer Fund
# 14 - 23
3,300.15
Fire District
# 32— 50
18,245.71
Those in attendance were given the privilege of the
floor. No comments were received.
• Mr. Bill Beck, of Groton has rented temporarily the
building at the Cortlandville Mall. He plans to sell
plants, flowers, etc. there: Is it necessary to obtain a
transient vendors permit to operate in a permanent building?
A discussion followed regarding the intent when the
ordinance was drafted.
Councilman Pierce made a motion, seconded by Council-
man Thorpe to table the matter of Bill Beck, Groton Agway,
until the Attorney can investigate further and confer with
Supervisor Nadolski and report at the April 18, 1983 meeting.
All voting aye, the motion was carried.
Croton
Agway
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April 6 ,. 1983
Page 2
Reports of various departments are on the table or
are available, upon request, in the Clerk's office.
A letter was read suggesting the Cortlandville Park
honor be named in such a manner to honor Mel Pierce.
MM.Pierce Councilman O'Donnell made a motion, seconded.by
Councilman Thorpe to receive and file the letter from
N. Ross Hall, Lamont Circle. All voting aye, the motion
was carried. 40
Councilman O'Donnell made a motion, seconded by
Councilman Pierce to receive and file the annual report
Dep. Health from State of New York Department of Health regarding
birth/death births and deaths filed in 1982 in Cortlandville. All
voting aye, the motion was carried.
A letter was received from the Cortland County Chamber
of Commerce, Inc. regarding a request to contribute
Chamber of financially to the Economic Development Budget. The Town
Commerce Board cannot make a donation of public funds but have
adopted programs for incentive to businesses. Councilman
Pierce made a motion, seconded by Councilman O'Donnell
to receive and file the letter. All voting aye, the
motion was carried.
A letter was received from the Cortland County Planning
Department regarding the application for the Hoxie Gorge
Hoxie Gorge Sub -division. They denied the application submitted „ as
sub -division it was incomplete. Councilman Pierce made a motion,
seconded by Councilman Thorpe to receive and file the letter.
All voting aye, the motion was carried.
A letter was received from the Cortland County Planning
Board regarding the issuance of site plans in the Town in
issuance of the future. Confusion has occurred as the result of the
future site court decision regarding Praise Tabernacle Church. Council -
plans man O'Donnell made a motion, seconded by Councilman Thorpe
to receive and file the letter. All voting aye, the motion
was carried.
Copies of two letters were received from William •
Clemens, Chairman of the Cortlandville Planning Board,
Praise Tab. regarding the court decision on the Praise Tabernacle
Church site plans. The Planning Board decided not to appeal
the ruling by the judge. Councilman O'Donnell made a motion,
seconded by Councilman Thorpe to receive and file the letters.
All voting aye, the motion was carried.
M
April 6, 1983 Page 3
RESOLUTION # 80 APPOINT ROBERT EDMONDS TO CORTLANDVILLE
GRIEVANCE REVIEW BOARD Appoin-
Motion by Councilman Thorpe R. Edmoi
Seconded.:by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that Robert Edmonds be, and he hereby is,
appointed to the Grievance Review Board, to fill the
® unexpired term of Carl Burnham, with the term expiring
April 30, 1987.
RESOLUTION # 81 AUTH ORIZE ZONING CHANGE OF PROPERTY
ON LUKER ROAD Luker Rd
Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received by the Cortlandville Town
Board to amend its zoning ordinance by changing the zoning
classification of certain parcels from "Business" to
"Industrial", and
WHEREAS, such changes have, after referral, been considered
and approved by the Cortland County Planning Board, and
WHEREAS, a public hearing for the cons.ideation of said
amendment has been called after due notice as required
by law, and such public hearing held by this Town Board
at the Cortlandville Town Hall, Cortland, New York on the
6th day of April, 1983, at 7:30 o'clock p.m. of said day,
now therefore,
BE IT RESOLVED, that this Board does hereby enact and
ordain as follows:
The 1968 Zoning Ordinance of the Town of Cortlandville,
New York together with the Zoning Map, as part of said
Ordinance, are hereby amended to change the zoning district
classification of the following parcels from "Business"
to "Industrial":
Town of Cortlandville Parcels No. 86.17-1-01,
No. 86.17-1-11, and No. 86.17-1-12, all as
numbered by the Real Property Tax Map Services
of Cortland County, New York,
and be it further
® RESOLVED, that
to publish and
and further to
the Town Clerk be and hereby is directed
post this amendment as required by law,
make the said changes on said Zoning Map.
April 6, 1983
Page 4
RESOLUTION # 82 AUTHORIZE TRAILER'PERMIT RENEWAL TO
CLAYTON WELCH
m perm
Motion by Councilman O'Donnell
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Town Clerk is hereby authorized
and directed to issue a trailer permit renewal to Clayton
Welch, upon payment of the proper fee, to park a house
trailer, located in the Town of Cortlandville, on Rte. 11
South, R.D.# 1, McGraw, N.Y.. •
RESOLUTION # 83 AUTHORIZE TOWN CLERK TO ATTEND CLERK'S
Town Clerk's ASSOCIATION MEETING
meeting Motion by Councilmen Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Town Clerk, Pauline Parker, is
hereby authorized to attend a New York State Town Clerk's
Association meeting in Syracuse, April 24 and 25, 1983, and
RESOLVED that any expenses incurred by the same be reimbursed,
subject to audit by the Town Board.
RESOLUTION # 84 AUTHORIZE HIGHWAY SUP'T. AND PERSONNEL
Highway Sup't TO ATTEND SEMINAR
seminar Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Highway Sup't., Carl Eaton and
two highway personnel, are hereby authorized to attend a
asphalt seminar in Cortland, April 29, 1983, and
RESOLVED that any expenses incurred by the same be reimbursed,
subject to audit by the Town Board.
RESOLUTION # 85 AUTHORIZE REFUND -WATER UNIT CHARGE-
McDONALD'S CORPORATION
refund McDonalds
Motion by -Councilman Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
WHEREAS McDonald's Corporation has been charged, via tax •
collection, the water unit charge for 1982 and 1983, and
WHEREAS it was so determined that they were charged the
1983 rate for both years, in error, therefore
BE IT RESOLVED that a refund shall be issued to McDonald's
Corporation of $ 221.00, a correction of the 1982 and 1983
water unit charge.
April 6, 1983 Page 5
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RESOLUTION # 86 APPROVAL OF THE TRANSIENT RETAIL
BUSINESS LICENSE PERMIT
Motion by Councilman Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Transient Retail Business Permit,
submitted by Attorney Rumsey, is hereby approved, to
issue.to accepted applicants, and
RESOLVED that the Town Clerk is hereby authorized to
purchase the permits in carbon form.
Zoning Officer, Don Fowler, asked if all the crafts
fAirs and shows taking place at the Cortlandville Mall
on weekends, etc. would need a Transient Retail Business
Permit. The Attorney advised that the Planning Board
has also expressed concern on this matter, and would
like it reviewed in more detail.
The Attorney and the Supervisor will meet and discuss
the situation further and report back to the Town Board
at a later date.
approval
Tran. perry
RESOLUTION # 87 AUTHORIZE CORTLAND SCHOOL DISTRICT
USE OF TOWN HALL School
Motion by Councilman Thorpe use T.H.
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Cortland School District be, and
they hereby are, authorized to use the Town Hall for
their Annual School Board Elections on May 3, 1983 from
11:30 a.m. to 9:30 p.m..
Supervisor Nadolski appzdsed the Town Board that the
Youth budget was set up to give Cortland County Youth Cort.
Bureau $ 2,000.00. Our Recreation Committee has recommended
that we pay them $ 3,000.00 this year. They have suggested Youth
ways of using their own budgeted monies to accomplish this.
A discussion followed whereas Councilman Pierce made a
motion, seconded by Councilman O'Donnell to table this
for further review. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by
Councilman Thorpe to recess the regular meeting, to hold
a public hearing to amend the dog ordinance. All voting recess
aye, the motion was carried.
Public Hearing - Cortlandville Dog Ordinance- Page 41
am
April 6, 1983
Page 6
Councilman Pierce made a motion, seconded by Council-
man O'Donnell to reopen the Town Board meeting. All
voting aye, the motion was carried.
RESOLUTION # 88 APPROVE PAYMENT TO THE CORTLAND
approve pay't YOUTH BUREAU
Youth Bureau
Motion by Councilman Thorpe •
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Supervisor is hereby authorized
and directed to pay the Cortland County Youth Bureau the
sum of $ 3,000.00, Cortlandville's share for recreation.
RESOLUTION # 89 TRANSFER OF FUNDS
funds
Motion by Councilman Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Supervisor, be and he hereby is
authorized and directed to transfer the sum of $ 1,200.00
from B7310.4 to B7310.2 to pay the Cortland County Youth
Bureau.
Ken Andrews, Recreation Committee, recommended the
Town Board set the hours of the Cortlandville Park from
8:00 a.m. - 9:30 p.m.. Signs should be erected as soon
hours of as possible stating the hours. He also stated two more
park rules that the Recreation Committee felt they would like
added to Local Law # 1, 1981. Number one is the flying
of model airplanes and playing golf. This would make the
applicant aware of the park ordinance.
RESOLUTION # 90 SETTING DATE - PUBLIC HEARING - AMEND
LOCAL LAW # 1 OF 1981
set public hearing
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that a Public Hearing shall be held on
April 18, 1983 at 4:30 p.m. at the Cortlandville Town Hall, •
on amending Local Law # 1, 1981.
RESOLUTION # 91 ESTABLISH HOURS AT THE CORTLANDVILLE PARK
Establish hours Motion by Councilman Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
April 6, 1983
Page 7
4 9;
BE IT RESOLVED that the Town Board does hereby set the
hours for the Cortlandville Park from 8:00 a.m. to 9:30
p.m..
The list of the condensed park rules and regulations
will be discussed further at the Public Hearing held April
• 18, 1983 at 4:30 p.m..
RESOLUTION # 92 AUTHORIZE SUPERVISOR TO CONTACT CITY
OF CORTLAND - RE: SAMMONS CABLE T V
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Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Supervisor, Stan Nadolski, be
and he hereby is, authorized and directed to contact the
City of Cortland Commissioners regarding participating with
the city commission on the Sammons Cable TV franchise.
Hopefully we might get the same service in Cortlandville
as the City of Cortland now has.
RESOLUTION # 93 AUTHORIZE SEWER DEPARTMENT TO ADVERTISE
FOR FLOW METER
Sammon
Motion by Councilman Thorpe flow
Seconded by Councilman Pierce mete
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Sewer Department is hereby authorized
and directed to advertise for the receiving of bids on
one new flow meter, and
BE IT FURTHER RESOLVED that the bids will be open on
May 16, 1983 at 4:30 P.M..
A constituent has azked for the reconstruction of the
concrete sidewalk, in the same location as the previous sidewalk
one, at Barry School, He requested that the Town Board
take action to accomplish this. Barry Sc
A discussion followed whereby it was the consensus
of the Town Board that the sidewalk is the responsibility
of the school board and not the Town.
RESOLUTION # 94_ APPROVE EASEMENT -WEST BLODGETT MILLS ROAD
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
easement
April 6, 1983 Page 8
WHEREAS Mr. Paul Bouzque has requested an easement on the
West Blodgett Mills Road, from the Town of Cortlandville,
and
WHEREAS his property is in a landlock situation and needs
access to his property, now therefore
BE IT RESOLVED that a 20 foot easement is hereby granted
to Mr. Paul Bourke by the Town Board of the Town of Cort-
landville, subject to approval by the Attorney. •
Engineer, Peter Novelli, also apprised the Town Board
that the he and the Attorney have discussed selling the
selling remainder of the property, located on West Blodgett Mills
remainder Road, that is not needed when the road is reconstructed.
of land
Councilman Thorpe made a motion, seconded by Council-
man O'Donnell, to recess the regular meeting and convene
recess to executive session in matter of litigation. All voting
aye, the motion was carried.
Councilman Thorpe made a motion, seconded by Council-
man Pierce, to adjourn executive session and reconvene
Council -
adjourn exec. session regular meeting. All voting aye, the motion was carried.
No action was taken at executive session per Super-
visor Nadolski.
Councilman Thorpe made a motion, seconded by Council-
man Pierce, to adjourn the regular meeting. All voting
adjourn aye, the motion was carried.
regular
The meeting was adjourned at 10:15 P.M..
Respectfully submitted,
i
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Pauline H. Parker,
Town Clerk