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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 • 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 • 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.. • n U 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 M 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 4 0 :7 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 r� n LJ 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 a � �;6ZIZ4� • Pauline H. Parker, Town Clerk