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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 • I is 1 27 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. • `'a - 1 ,11 16 C- 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 1 • • 1 28 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. ® 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.. 1 1 L, J 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.. 40 1 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, • 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.. • 1 • 1 �00 1 • 1 • 1 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. • 297 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 I • I] • 1 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. L • The term "transient retail business", when used in • 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. M 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 LJ 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 30q 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 1 • n �J 1 n U 11 1