HomeMy WebLinkAbout11-03-1982Wednesday, November 3, 1982 7:30 P.M.
PUBLIC HEARING
FEDERAL REVENUE SHARING
A Public Hearing was held at the Town of Cortland-
ville Town Hall at 7:30 P.M.
In attendance were Supervisor Stanley Nadolski;
Councilman Melvin Pierce; Councilman Warren Manning;
Councilman Ray Thorpe; Councilman Edwin O'Donnell; Att-
orney John Folmer and Town Clerk Pauline Parker.
Also present were Engineer, Peter Novelli; Highway
Sup't., Carl Eaton; Confidential Sec'y., Edna Puzo;
Zoning Officer, Don Fowler; Assessor, Robert Wells;
Justice, Don Eaton; Bookkeeper, Susan Weatherby; News -
reporters, Dick Camerano and Eric Silverman and town
residents Ken Andrews, Ross Hall, Mr. and Mrs. David
Schilling, Robert Rainbow and Mr. and Mrs. Allie Stanton.
The Public Hearing was opened by Supervisor Nadolski.
The Town Clerk read the legal notice as follows;
LEGAL NOTICE
TOWN OF
CORTLANDVILLE
NOTICE OF PUBLIC
HEARING
FEDERALREVENUE
SHARING LAW
Please take notice, that a
public hearing will be held
before the Supervisor of the
Town of Cortlandville during
a regular meeting of the
Town Board of the Town of
Cortlandville at the Town
Hall, 15 Terrace Road, Town
of Cortlandville, New York,
on November 3, 1982 at 7:30
o'clock p.m. to consider the
proposed use of Federal i
Revenue Sharing funds to be
received by the Town of Cort-
landville during the next
fiscal year commencing
January 1, 1983. The amount
of Federal Revenue Sharing
funds the Town of Cortland-
ville anticipates receiving
during said fiscal year is ap-
proximately $42,000.00.
The proposed use of said
Federal Revenue Sharing
funds is for highway repair.
Residents of the Town of
Cortlandville have the right
to present at said public hear- ,
ing their written and oral
comments on the proposed
use of Federal Revenue Shar;
ing funds.
The amount'of unobligated
entitlement funds in the
Federal Revenue Sharing
Trust Fund of the Town of
Cortlandville is $None.
All parties in interest may
attend and shall have the op-
portunity to be heard at such
public hearing aforesaid.
Dated: October 27, 1982
PAULINE H. PARKER,
CLERK
Town of Cortlandville
15 Terrace Road
Cortland, New York 13045
254-1t
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Wednesday, November 3, 1982
Page 2
Supervisor Nadolski apprised the Town Board that in
the past, these funds have been applied to highway
machinery.
Tbwn Board members and many residents of the town
have suggested the funds to be received for 1983 should
be applied to road repair.
■ Councilman Pierce made a motion, seconded by Coun-
cilman Thorpe to close the hearing. All voting aye,
• the motion was carried.
-The hearing was closed at 7:35 P.M.
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Wednesday, November 3, 1982 7:45 P.M.
PUBLIC HEARING
PRELIMINARY BUDGET FOR 1983
A Public Hearing was held at the Town of Cortland-
ville Town Hall at 7:45 P.M.
In attendance were Supervisor Stanley Nadolski;
Councilman Melvin Pierce; Councilman Warren Manning;
Councilman Ray Thorpe; Councilman Edwin O'Donnell;
Attorney John Folmer and.Town Clerk, Pauline Parker.
Also present were Engineer, Peter Novelli; Highway
Sup't., Carl Eaton; Confidential Sec'y., Edna Puzo;
Zoning Officer, Don Fowler; Assessor, Robert Wells;
Justice, Don Eaton; Bookkeeper, Susan Weatherby; News -
reporters, Dick Camerano and Eric Silverman and town
residents Ken Andrews, Ross Hall, Mr. and Mrs. David
Schilling, Robert Rainbow and Mr. and Mrs. Allie Stanton.
The Public Hearing was opened by Supervisor Nadolski.
The Town Clerk read the legal notice as follows:
LEGAL NOTICE'
TOWN OF
CORTLANDVILLE
NOTICE of Public Hearing
on Preliminary budget for
year 1983.
Notice is hereby given that
the preliminary budget of the
Town of Cortlandville, Cort-
land County, New York, in-
cluding use of $42,000.00. of
Federal- Revenue Sharing
Funds for the fiscal year
beginning January 1, 1983 has
been completed -and filed in
the office of the Town Clerk of
the Town: located at 15 Ter-
race Road in said Town,
;where it its available for in -
I spection by any interested
person during 'office hours;
and
Notice isihereby given that
the Town Board of the Town
of Cortlandville will meet and
review said preliminary
budget and hold a public
hearing thereon at the Town
Hall, 15 Terrace Road in the
Town of Cortlandville, New
York, on the 3rd day of No-
vember, 1982 at 7:45 o'clock
p.m., and.that at such hear-
ing any person may be heard
in favor of or against said
preliminary budget .as com-
plied, or for or against any
item or items therein contain-
ed; and -
Notice is hereby further
given pursuant to Section IQ8
of the Town Law that the
following are proposed year-
ly salaries for each ,member
of the Town Board of the
Town -of Cortlandville, the
Town Clerk, and the Town
Superintendent of Highways:
Supervisor $14,414.40
Town Justice -
(full time) 19,353.69
Councilman 1,959.53
Councilman 1,959.53
Councilman 1,959.53
Councilman 1,959.53
Town Clerk 14,709.93
Highway
Superintendent 18,607.05
Dated: October 25, 1982
Pauline H. Parker,
Clerk'
Town of Cortlandville
15 Terrace Road
Cortland, New York 13045
254-It
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Wednesday, November 3, 1982
Page 2
Supervisor Nadolski advised those in attendance
that all employees of the town would receive a salary
increase of 5% for 1983, as decided by the Councilman.
Funds were received from the State funded CHIPS
program and the entire amount shall be used to repair
Town roads.
Comments or questions were received from those in
attendance.
Ken Andrews, Lamont Circle, and Chairman of the
® Cortlandville Recreation committee requested that the
budget be corrected to have the 1983 budget items remain
the same as 1982-relating to the Recreation program. The
Recreation Committee feels very strong about this.
Ken Andrews, also complimented the Town Board for
having put forth an honest effort in keeping the budget
for next year in line.
He also expressed concern with the cost of the dog
control program compared to the anticipated revenues.
Supervisor Nadolski explained that he,alsolwas concerned,
and that the contract for 1983 is still being negotiated.
Ken Andrews requested an explaination regarding no
surplus in the budget for Highway items. Unexpected
revenues were received during the year, but it does not
show. The Supervisor explained that extra revenues
were received but they were also spent on roads, as
many roads were resurfaced this year, which is very costly.
The Lime Hollow project has been postponed until next
spring to allow the engineer time to properly coordinate
the project. Anticipated revenues are forthcoming from
the Donovan Plan and CHIPS.
Ken Andrews expressed concern that no one was in
attendance to represent the Fire Department of to explain
why their budget shows an increase of 57%-
The Supervisor responded that he could not completely
explain their budget increase but one/fourth of their
budget is to accomodate the fire contracts with Homer and
McGraw.
Ken Andrews referred to the headline and article
in the Cortland Standard on October 29, 1982 regarding
the 1983 Town budget and the lowering of assessments,
which was misleading. The 20% reduction of assessments
has nothing to do with keeping the cost of tax bills down.
That credit belongs to the Town Board for keeping the
budget in line, not the Assessor.
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Justice, Donald Eaton,
requested the Town Board to
continue or reestablish the
part
time clerk position in
the justice office (A1110.4)
$ 500.00 for equipment as he
and
had
also to reinstate the
requested (A1110.2).
Dick Tupper, Lamont Circle,
responded that according
to the figures in the budget
the
justice department has
Wednesday, November 3, 1982
Page 3
listed $ 45,000 in revenues and an expense for his
department of $ 40,848. Is the town making a profit on
fines? Justice Eaton reviewed the process and explained
again the need for additional help.
Dick Tupper, Lamont Circle, requested information
regarding the Town Historian. Supervisor Nadolski reported
of some of the projects that the historian has accomplished.
An unknown resident requested an explaination as to
why assessments were lowered as it only increases the
tax rate. Assessor Wells explained the assessment program
of the Town.
Councilman Pierce made a motion, seconded by Council-
man Manning, to adjourn the public hearing.
The hearing was closed at 8:20 P.M..
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Wednesday, November 3, 1982 8:20 P.M.
PUBLIC HEARING
ORDINANCE - TRANSIENT RETAIL BUSINESS
A Public Hearing was held at the Town of Cortland-
ville Town Hall at 8:20 P.M. in the matter of adopting
an ordinance regarding Transient Retail Dealers.
Board members present were Supervisor Stanley
Nadolski;Councilman Melvin Pierce.; Councilman Warren
Manning; Councilman Ray Thorpe; Councilman Edwin O'Donnell;
Attorney John Folmer and Town Clerk, Pauline Parker.
Also present wera Engineer, Peter Novelli; Highway
Sup't._, Carl Eaton; Confidential Sec'y., Edna Puzo;
Zoning Officer, Don Fowler; Assessor, Robert Wells;
Justice, Don Eaton; Bookkeeper, Susan Weatherby; News -
reporters, Dick Camerano and Eric Silverman and town
residents Ken Andrews, Ross Hall, Mr. -and Mrs. David
Schilling, Robert Rainbow and Mrs. and Mrs. Allie Stanton.
The Public Hearing was opened by Supervisor Nadolski.
The Town Clerk read the legal notice as. follows:
LEGAL NOTICE
TOWN OP
CORTLANDVILLE
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 Cortland-
ville on November 3, 1982 at
8:00 p.m. in the matter of the
adoption of an ordinance
regulating the conduct of
Transient Retail Business in
the Town of Cortlandville.
The proposed Ordinance
requires a license and
establishes requirements
therefor including the
posting of a bond. The propos-
ed Ordinance further levies a
tax upon such businesses and
provides for the remedies in,
the event of violation of its
terms.
All persons in interest and,
citizens will be heard at the
public hearing to be held as
aforesaid.
Dated: October 28, 1982
PAULINE H. PARKER
Town Clerk
Town of Cortlandville
15 Terrace Road
Cortland, N.Y. 13045
255-1 t
Supervisor Nadolski explained the reason for the
need of a Transient Retail. Business Ordinance, G omplaints
have been received from Cortlandville store owners because
a furniture truck was parked on the corner of Route 13
and West Road. selling furniture. The adoption of such
an ordinance would put a stop to such selling.
N. Ross Hall, 9 Lamont Circle, was concerned if the
ordinance would include door to door solictors such as
magazines, books, etc.
Attorney Folmer stated that the Zoning Commission
Wednesday, November 3, 1982 Page 2
are planning to incorporate in the new Zoning Ordinance
a transient and solictors ordinance which would help
correct the situations with transient vendors, and would
allow for enforcement of such.
Robert Rainbow questioned of the selling of mattresses
at the Holiday Inn. That location is in the City of
Cortland and not in the Town.
Dick Tupper asked if the ordinance was going to
include agriculture products and sea food products? Attorney
Folmer stated the Transient Retail Business Ordinance
deals with all retail sales, except food products. The
Zoning.Commission has already considered the agriculture
stand, fresh vegetable and baked goods, in the new zoning
ordinance which hopefully will be completed next spring.
The Town does not want to stop people from selling
goods in the town, they just want to accomodate the est-
ablished businesses, and provide protection to the residents
for the quality of such goods or selling of stolen goods.
Supervisor Nadolski asked the Town Board members if
they wanted any changes made from the proposed ordinance.
A discussion followed concerning whether a flat
fee should be charged for the issuance of a permit.
Attorney Folmer advised that the proposed ordinance
was prepared as a temporary measure, for enforcement, for
the present time. Other suggestions could be forwarded to
the Zoning Commission for further review and could be
included in the revised ordinance.
No further comments were received from those in
attendance.
Councilman Manning made a motion, seconded by
Councilman Pierce, to adjourn the public hearing. All
voting aye, the motion was carried.
The hearing was adjourned at 8:40 P.M..
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Wednesday, November 3, 1982 18:40 P.M.
PUBLIC HEARING
HUD BLOCK GRANT
A Public Hearing was held at the Town of Cortlandville
Town Hall at 8:40 P.M. regarding a HUD Block Grant.
® Board members present were Supervisor Stanley Nadolski;
Councilman Melvin Pierce; Councilman Warren Manning;
Councilman Ray Thorpe; Councilman Edwin O'Donnell; Attorney
John Folmer and Town Clerk, Pauline Parker.
'Also present were Engineer, Peter Novelli;'Highway
Sup't.,'Carl Eaton; Confidential Sec'y., Edna Puzo; Zoning
Officer, Don Fowler; Assessor, Robert Wells, Justice,
Don Eaton.,. Bookkeeper, Susan Weatherby; Newsreporters,
Dick Camerano and Eric Silverman and town residents Ken
Andrews, Ross Hall, Mr and Mrs. David Schilling, Robert
Rainbow and Mr. and Mrs. Allie Stanton.
The Public Hearing was opened by Supervisor Nadolski.
The Town Clerk read the legal notice as follows:
LEGAL NOTICE
TOWN OF
CORTLANDVILLE _
Notice is hereby given that,
a public hearing will be held
by the Town Board of the-
Townof Cortlandville at the'
TowngHali, 15 Terrace Road„
Cortland, N.Y., on Nov. 3,!
7982 at 8:15 p.m. pursuant to.
regulations of the U.S. Dept.
of .Housing and Urban
Development. The Town may
apply for a Community,
Development Block Grant
and is seeking citizen's views
on desired projects. In-
formation concerning the,
program will also be provid-
ed.
All persons may attend and,
shall have the opportunity of,
being heard at the public'
hearing aforesaid.
Pauline H. Parker
Town Clerk
Town of Cortlandville
October 26, 1'982
255-1t
Supervisor Nadolski requested the Town'Engineer
to explain the program.
The Town of Cortlandville, and other municipalities
of the state are eligible to apply for a Block Grant,
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and are very competitive. There are two types of grants
to apply for, a Comprehensive Grant or a Single Pu�,pose
Grant. The maximum amount available with the comprehensive
Grant is $ 750,000 and must be expended within 18 months,
The maximum for the single purpose grant is $ 500,000.
Matching local funds are not required, but they are
desiredato show the town is participating in the project.
The purpose of this program is to encourage increased
economic developments. Important factors to be considered
on awarding of the grants will be the number of persons
within the Town below poverty level; the impact of the
proposed program; the number of people to receive benefit
and if the municipality can continue with the project
after completion.
Wednesday, November 3, 1982 Page 2
A similar grant application was submitted by the
Town in 1980, for housing, and was rejected. The engineer
reviewed sample projects that could be considered to apply
for.
Engineer. Novelli, expressed concern regarding our
water.supply. Several private residents as well as many
industry sites rely on our water supply. Construction
of a new well, at another location, in regards to con-
tamination was discussed. Also our existing water mains
are dead end mains and they should be looped. Examples
were given. The Luker Road area is being considered as
an Industrial Development area. If this did happen,
they would need water and sewer services which is not there.
The Polkville area is also another Industrial site to be
considered.
Richard Tupper, Lamont Circle, requested comparison
between the UDAG grant and who would complete the application.
The engineer explained the difference, this being
a small city grant and that he would prepare the
application.
Robert Rainbow, Salisbury Road, asked if this'was
the same type grant that neighboring towns are applying
for. The answer was in the affirmative. The need for expansion
and need of water and sewer service in the industrial
arew was explained.
Ken Andrews, Lamont Circle, asked if this project
would be done now if we did not receive the grant. Super-
visor Nadolski responded. This project will have to be
done somedayabut is not budgeted for this year. It would
be very beneficial to the town to have financial assist-
ance for the project.
Councilman Pierce
reminded those in attendance of the
problem that occurred to area
tanks, when there was a fire.
properly looped, this would r.
residentseto their water
If the water lines were
of happen.
Upon no further comments from those in attendance
Councilman Pierce made a motion, seconded by Councilman
O'Donnell, to adjourn the public hearing., All voting
aye, the motion was carried.
The public hearing was closed at 9:00 P.M..
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Wednesday, November 3, 1982 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 Stanley
Nadolski; Councilman Melvin Pierce; Councilman Warren
Manning; Councilman Ray Thorpe; Councilman Edwin O'Donnell;
Attorney John F:olmer and Town Clerk, Pauline Parker.
Others present were Engineer, Peter Novelli; Highway
Sup't., Carl Eaton; Confidential Sec'y., Edna Puzo;
Zoning Officer, Don Fowler; Assessor, Robert Wells;
Justice, Don Eaton; Bookkeeper, Susan Weatherby; News -
reporters, Dick Camerano and Eric Silverman and Town
residents Ken -Andrews, Ross Hall, Mr. and Mrs. David
Schilling, Robert Rainbow and Mr. and Mrs. Allie Stanton.
The meeting was called to order by Supervisor Nadolski
at 7:35 P.M. following the Public Hearing on Federal
Revenue Sharing.
Reading of the minutes were dispensed with as all
board members had received copies prior to the meeting.
Supervisor Nadolski advised that resolution # 199
adopted October 6, 1982 should be corrected as follows:
WHEREAS the Cortland Free Library has submitted a
proposed contract for 1983, in the amount of $ 25,500,
an increase of $ 1,200.00, and such proposal is accepted
by the Town Board.
Councilman O'Donnell made a motion, seconded by
Councilman Thorpe to amend the minutes of October 6, 1982.
All voting aye, the motion was carried.
Councilman Manning made, a motion, seconded by
Councilman O'Donnell to accept the minutes of October 5,
1982; October 6, 1982; October 7, 1982; October 12, 1982;
October 18, 1982, as written. All voting aye, the motion
ayescarried .
RESOLUTION # 219 AUTHORIZE PAYMENT OF VOUCHERS
approve
minutes
Motion by Councilman
Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE
ADOPTED
BE IT RESOLVED that the vouchers
submitted
have been audited
and shall be
paid as follows:
GENERAL FUND
Vouchers #
365
-398
$ 22,165.11
HIGHWAY
#
251
-270
57,133.64
WATER FUND
#
175
-192
6,523.95
SEWER FUND
#
54
-60
68,824.98
FIRE DISTRICT #
36
- 42
2,664.18
Supervisor Nadolski allowed those in attendance the
privilege of the -floor.
audit of
vouchers
Wednesday, November 3, 1982
Page 2
Mr. David Schilling was given the privilege of the
David floor. He referred to an article in the Cortland Stand-
Schillin and ( 10/29/82 ) which stated that all assessments were
assessments lowered 20% in the Town. Were there any exceptions?
Assessor Wells explained that the 20% reduction applied
to buildings and structures only, land was excluded.
He suggested that the board continue the meeting to
allow him to obtain the file in question.
Engineer, Peter Novelli, reported that last October
flood the Federal Emergency Management Administration presented
a preliminary flood insurance study of our area which
study nce has been a long time forthcoming. This report provides
study a program which shows hazard areas of flooding which will
effect insurance cost and availability.
If residents of the Town object to the study in regards
to their property, there is a 90 day appeals period.
The report is available in the Town Clerk's office
to review. Any questions or comments will be welcomed
by the Engineer.
The Town has six months to review this study and to
incorporate this in a section of the Town Zormng Ordinance.
The Zoning Commission are reviewing this now.
Supervisor Nadolski discussed with the Town Board
SPCA:_ the report received from the SPCA for the period from
Re:pox•t_ July to October relating to Dog Control Officer. He
advised that he is still negotiating the 1983 Dog Control
Contract with the SPCA and others.
Councilman Thorpe made a motion, seconded by Council-
man O'Donnell, to receive and file the SPCA report. All
voting aye, the motion was carried.
Reports of various departments are on the table for
review, or are available in the Clerk's office upon request.
A letter was received from Richard L. Bassler, N.Y.S.
NYS/DOT Department of Transportation, stating that he had received
signal light the request to have a traffic signal installed at the
intersection of Route # 281 and Madison Street. The request
has been forwarded to the State Department for review.
Councilman O'Donnell made a motion, seconded by
Councilman Thorpe to receive and file the letter. All
voting aye, the motion was carried.
NYS/DOT A letter was received from Joseph M. Powers, Regional
Lime Hollow Driector of N.Y.S. DOT, addressed to town resident,
& #281 Mr. Irving A. Oip,in reference to a request for a traffic
signal at the interesction of Route # 13 and Lime Hollow
Road. They have denied the request to have a light
installed there.
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Wednesday, November 3, 1982. Page 3
Councilman Pierce made a motion, seconded by Council-
man Thorpe, to receive and file the letter. All voting
aye, the motion was carried.
Councilman Thorpe made a motion, seconded by Council-
mand Pierce, to recess the regular meeting to conduct
• a public hearing. All voting aye, the motion was carried.
Public Hearing - 1983 Preliminary Budget
Refer to Page # 288
Public Hearing - Transient Retail Business Ordinance
Refer to Page # 291
Public Hearing - HUD Block Grant
Refer to Page # 293
Councilman Pierce made a motion, seconded by Council-
man O'Donnell, to reconvene the regular meeting. All
voting aye, the motion was carried.
Supervisor Nad.olski requested Assessor Wells to
answer the questions of Mr..David Schilling, North Road,.
McGraw relating to assessments.
Assessor, Robert Wells, explained that an error
occurred when the County Revaluation took place several
years ago. His house did not appear on the assessment
roll but the land did. When our update occurred, this
was discovered and the proper papers were submitted to
the County to be corrected. It did not happen. It came
to light again in January 1982, and was then corrected at
the current assessment levels - 80%. Mr. Schilling was
advised of such and received bothyhis bill for school
taxes and Town and County taxes, which he has paid'.
A discussion followed between'Mr. Schilling and the
Assessor. The Town Board requested Mr. Schilling to
meet with the Assessor.at another time as it was not a
Town Board matter.
Mr. Ross;Hall, Lamont-.C.ircle,, asked if it was per-
missable for a Town resident.to discuss Town matters with
the Town Attorney at his. office.
Attorney Folmer responded that it was and advised
him of his hours.and location.'
David
Schilling -
assessment
A letter was received from the Cortland County Area
Agency on Aging expressing appreciation for increasing our
Wednesday, November 3, 1982
Page 4
aged income limit for property taxes.
aged income Councilman. Thorpe made a motion, seconded by
limit Councilman Pierce, to receive and file the letter. All
voting aye, the motion was carried.
Mayor, Ed Hart, -of the City of Cortland sent a copy
UDAG Grant of the presentation that he was making to the UDAG Team
in New York on October 6, relating to the grant for PTM.
Councilman Pierce made a motion, seconded by Council-
man Thorpe, to receive and file the presentation. All
voting aye, the motion was carried.
It was reported that Pall Trinity has purchased
the Overhead Door building. When the remodeling is com-
pleted, they are planning on hiring from-100-150 more
employees.
Correspondence was received advising of another
dog control program available at C obleskill , N.Y. from June 19-24, 1982.
The school is for anyone involved with dog control.
school Councilman O'Donnell made a motion, seconded by
Councilman Manning, to receive and file the letter.. All
voting aye,the motion was carried.
Polkville Engineer, Peter Novelli, reported that thee_ are
sewer two industries in the Polkville area that may need to
connect to the Trunk Line Sewer in the near future.
RESOLUTION # 220 AUTHORIZE REQUEST FORWARED FOR ZONING
CHANGE ON LUKER ROAD
Zoning Change Motion by Councilman Manning
Request - Seconded by Councilman Thorpe
Luker Road VOTES: ALL AYE ADOPTED
WHEREAS considerable interest has been expressed in the
development of the Luker Road area for industrial purposes,
and
WHEREAS at the present time, the bulk of the area is
zoned as R-1 and interest has been expressed to have this
zoning changed to industrial ,and
WHEREAS it is necessary for the County Planning Board,
the Town Planning Board_, the "'^����^ Plann4:'g B^^�^? and the
7 f179p11
Town Zoning Board of Appeals, to review such request and
recommend such change, therefore,
BE IT RESOLVED that an application shall be forwarded -to
the County Planning Board to review the request for a zoning
change from R-1 to Industrial, and
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Wednesday, November 3, 1982 Page 5
RESOLVED that the same request is to be forwarded to the
Cortlandville Planning Board and the Cortlandville Zoning
Board of Appeals to review and report their recommendations
to the -Town Board as soon as'possi.ble
RESOLUTION # 221 AUTHORIZE ANNUAL CONTRACT WITH WALLACE
AND TIERNAN.(PENNWALT)...
Motion by Councilman Thorpe Pennwalt
Seconded by Councilman' Pierce Contract
VOTES: ALL AYE ADOPTED
WHEREAS the contract with Wallace and Tiernan, Pennwalt
Corporation for Cathodic Protection Service shall expire
on December 31, 1982, therefore
BE IT RESOLVED that the Town Board does hereby authorize
that the contract for 1983 with Wallace and Tiernan
Division, Pennwalt Corporation shall be renewed.
Attorney Folmer stated that he has not seen nor
reviewed the Pennwalt contract.
RESOLUTION # 222 AUTHORIZE RETENTION OF ROBERT JONES
PLANNING BOARD -= O'GORMAN
Motion by Councilman O'Donnell
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
WHEREAS action has been taken by Kathy O'Gorman against
William Clemens, Chairman of the Cortlandville Planning
Board and.Don Fowler, Zoning Officer of the Town of Cort-
landville, relating to the recent decision by the Cortland-
ville Planning Board allowing the -issuance of a building
permit to Praise Tabernacle Church, and
WHEREAS Mr. Robert Jones, Attorney, represented the Town
in that matter, therefore
BE IT RESOLVED that the Town Board does hereby authorize
the retention of Attorney Robert Jones to continue to
represent those named in the legal action against the Town
® employees, and
RESOLVED that the fees accrued from such shall be submitted
subject to audit�and..approval of the Town Board.
Counci.lman'O'Donnell made a motion, seconded by
Councilman Manning, that the Order to Show Cause received
Retention
Robert
Jones
action by
O'Gorman
Wednesday, November 3, 1982
Page 6
from the action of Katherine O'Gorman against members
of the Cortlandville Planning Board, shall be received and
filed. All voting aye, the motion was carried.
This action will be heard at a Special Term of the
Supreme Court in Binghamton, New York on October 26, 1982.
NYS Electric Councilman O'Donnell made a motion, seconded by
& Gas - Councilman Thorpe, to receive and file the notice of
assessment petition received from N.Y.S. Electric and Gas Corporation
against the State Board of Equalization and Assessment.
All voting aye, the motion was carried.
Councilman Manning made a motion, seconded by
Sambo s Councilman O'Donnell, to receive and file the papers
bankruptcy received regarding the bankruptcy proceeding of "Sambo's
Restaurant,.Inc." relating to the Town for tax collecting,
and Water and Sewer Districts. All -voting aye, the motion
was carried.
Adoption of
Transient
Retail
Bus1ness
Ordinance
RESOLUTION # 223 ADOPTION OF TRANSIENT RETAIL BUSINESS
ORDINANCE
Motion by Councilman Thorpe
Seconded by Councilman Pierce
ROLL CALL VOTES: Councilman O'Donnell - AYE
Councilman Manning - AYE
Supervisor Nadolski - AYE
Councilman Pierce - AYE
Councilman Thorpe - AYE
ADOPTED
WHEREAS a Public Hearing was held by the Town Board of
the Town of Cortlandville at the Town Hall on November
3, 1982 at 8:20 P.M. in the matter,of .adopting an ordinance
for Transient Retail Businessess, therefore
BE IT RESOLVED that the following ordinance is hereby
adopted for the Town of Cortlandville.
Section 1. "Transient Retail Business" Defined.
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The term "transient retail business", when used in
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this article, shall mean a business conducted at any
location for the sale, at retail, of goods, wares and
merchandise or services incident therewith, except food
products, and which is intended to be conducted for a
temporary period of time, and not permanently. Nothing
contained herein shall be construed to apply to "rummage
sales" as that terms is generally used. If the place in
which the business is conducted is rented or leased for a
period of less than six (6) months, such fact shall be
presumptive evidence that the business carried on therein
is a transient business.
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Wednesday, November 3, 1982
Page 7
Section 2. License, cash deposit or bond, prerequisites
to doing business.
No person shall conduct a transient retail business
within the Town �-Vithout first obtaining a license therefor,
and without first making a cash deposit or filing a bond
as herein provided.
Section 3. Application for License.
An application for a license to conduct a transient
retail business within the Town shall be made, by mail
or otherwise, to the'Town Clerk, upon blanks prepared
under the authority of the Town Clerk, and the applicant
shall furnish such proof of his identity and integrity
as the Town Clerk shall, in his discretion, determine.
Such application shall contain a statement showing the true
name of the owner of such business, his residence, office
address, the nature and kinds of goods to be sold, the
persons, firms and corporations from whom such goods were
purchased, and the period of time during which and the
location where it is contemplated such business will be
conducted.
C.
Section 4. Furnishing Additional Information Relating
to Business.
The Town Clerk may demand, and such merchant shall
furnish, such further information relating to stock and
sales during the conduct of a transient retail business
as the Town Clerk may deem necessary to comply with the
purposes of this article.
Section 5. Bond, Cash Deposit to be filed;
Amount —Conditions.
Each applicant, before receiving a license to conduct
a transient retail.business, shal_l.file.with the Town
Clerk of the Town a bond in the penal sum of One Thousand
Dollars ($1,000.00) executed by a surety company ( or in
lieu thereof, a cash bond of equal amount),- conditioned
that such person will make a full, complete and true report
of the gross amount of sales made in such transient retail
business in the Town, that he will comply in good faith
with the provisions.of this article, -that -he will pay the
amount of tax fixed and that he will duly deliver all
goods sold and -duly paid .for while conducting, said.business
in the Town. 'Said bond shall be approved by the Town
Attorney as to form and by the Town Clerk as to its sufficiency.
Section 6.
License to be Displayed.
A license granted under the provisions of this article
shall be conspicuously displayed by the transient merchant
in his place of business in the Town during the conduct of
such business.
application
HUD Grant
Wednesday, November.3, 1982
Section 7. Tax On Transient Retail Business.
(a) Levy. A tax is hereby levied upon all persons
conducting a transient retail busi.nes;within the Town.
(b) Amount. Such tax shall be based upon the gross
amount of sales and shall be at the same rate as other
property is taxed for the year in the Town. The tax rate
shall then be applied to the gross amount of sales made
by such transient merchants within the Town, and the amount
so fixed shall be levied against the person conducting
such transient retail business. If, at the'time such
tax becomes due and payable, the tax rate for the current
year in the Town has not been fixed, the same shall be
estimated by the Town Assessor, who shall certify such
estimate to the Town Clerk, to be used by him in fixing
such tax.
(c) Payment. Every person permitted to conduct a
transient business within the Town shall file a verified
report to the Town Clerk on or before noon on Monday of
each week, which report shall contain a statement of the
gross amount of sales of the previous week made by such
merchant within the Town, to the close of business on the -
preceding Saturday, and at the same time, such transient
merchant shall pay to the Town Clerk the amount of tax
levied upon such sales.
Section 8. Revocation of License.
Upon the failure of the person who shall have received
a license to conduct a transient retail business to comply
with any or all of the terms of this article-, the.Town
Clerk may, at any time, revoke the license granted to
such person in which event any cash deposit shall be
returned to the licensee, less the amount.of tax due under
this article. The violation of this article or any other
chapter or provision of Town Ordinances or the commission
of a crime, particularly, but not limited to, violation
of any provisions of the General Business Law or any
provisions of the Agriculture and Markets Law, shall be
sufficient grounds for the revocation,of such license.
Section 9.. Penalties for Violations of Article.
Any person violating any of the provisions of this
article shall be guilty of a violation, punishable as -
provided in the Criminal Procedure Law of the State of
New York, said penalties being in addition to revocation
of.licenses.
RESOLUTION # 224 AUTHORIZE APPLICATION TO HUD BLOCK
GRANTS
Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
Wednesday, November 3, 1982
Page 9
WHEREAS a Public Hearing was held by the Town Board,
and the Town Engineer explained the HUD Block Grants
program, and
WHEREAS, if acceptance of such grant doe4occur.,necessary
water projects for the Town could be accomplished,
therefore
BE IT RESOLVED that'the Town engineer is hereby authorized
® and directed to prepare an application to submit for
HUD Block Grants with the U.S. Department of Housing
and Urban Development.
RESOLUTION # 225 SETTING_DATE TO ADOPT 1983 BUDGET
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Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Town Board shall.take action
on adopting the Preliminary Budget as the 1983 budget
for the Town of Cortlandville, at the special meeting to
be held on November 15, 1982 at 4:30 P.M.
RESOLUTION # 226 AUTHORIZE NOTIFICATION TO COUNTY -
UITFAID ��,ATER AND SEWER CHARGES
Motion by Councilman Pierce
Seconded by Councilman_ Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Town Board does hereby authorize
submitting the list of unpaid water and sewer charges to
the County.
A discussion was held concerning the submission of
the application for funds available for Fire Code enforce-
ment. Because no appointment.has been made, it was the
consensus of the Town Board that the application should
read "appointment pending" and refer all questions and
correspondence to the Supervisor.
RESOLUTION # 227 AUTHORIZE LOAN OF OFFICE EQUIPMENT TO
FIREMAN
Motion by Councilman Pierce
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that authorization is hereby given to allow
the Cortlandville Fireman to have free use, on a loan basis,
set date to
adopt 1983
Budget
unpaid water
& Sewer
charges
fire rode
application
f unds
loan _offic(
equipment
to fireman
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Wednesday, November 3, 1982 Page 10
of a typewriter and calculator, which is surplus equipment
from'the Supervisor's office.
A discussion was held concerning the formation of
Lighting a Lighting District in the Town. Attorney Folmer reported
District this is possible and the procedure is the same as creating
a water district;'resolution, Public Hearing, etc. after
all information has been.coordinated.
Councilman Pierce reported that if'a light has
been installed, it must remain in use for a 15 year period.
However it is possible for a light to come down and be
installed at another location. He requested the board's
opinion or permission to move a street light across the,
road, which is located in from of his property.- Councilman
Manning made a motion, seconded by Councilman O'Donnell,
that the Board would consent. to the movement. Final
approval would be necessary from Niagara Mohawk. All
voting aye, the motion was carried.
Further discussion was held concerning the need of
a lighting district.,
RESOLUTION # 228 AUTHORIZE STUDY OF LIGHTING DISTRICT
Motion by Councilman Pierce
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Engineer is hereby authorized
and directed to study and promote for the creation of a
Lighting District for the Town.
Councilman Pierce made a motion, seconded by Council-
man O'Donnell, to adjourn the meeting. All voting aye,
the motion was carried.
The meeting was adjourned at 9:40 P.-M ------
Respectfully omitted,
dlzl� IV, �.
Pauline H. Parker,
Town Clerk
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