HomeMy WebLinkAbout12-05-1979Wednesday December 5, 1979
7:30 P.M. Page 1'
The regular meeting of the TownBoard for the month of December, 1979
was held at the Town Hall, 15 Terrace Road, Cortland, NY with Deputy
Supervisor, Melvin Pierce presiding. Other Town Board members present
were: Councilman Edwin O'Donnell, Councilman Warren Manning. and Councilman
Raymond Thorpe. Other Town employees present were: Town Clerk, Pauline H.
Parker; Attorney, John Folmer; Deputy Town Clerk, Bonnie Call; Confidential
Sec'y, Edna Puzo, Zoning Officer, Don Fowler; Justice Donald Eaton, Highway
Sup't, Carl Eaton; and Assessor, Robert Wells;Town Planning Board members
present were: William Clemens, Chairman, Willard Griswold, Earl Randolph
and Seth Burgess. Others present were Newsreporter, Skip Chapamn;
Realator James Yaman; Realator Mary Kazlusky, Realator Jack Tainter,
Mr. Fred Jackson and Mr. James Hertz of the Presidential Development
Corp. and a few town residents.
Deputy Supervisor, Melvin Pierce called the Public Hearing to order Transferring
® in regards to transferring of Federal Revenue Sharing Funds. Atty.Folmer of Fed. Rev -
advised that a mix-up had occured with the legal notice. If there was enue Sharing
anyone in attendance that wanted their opinion heard, they could do so Funds
at this time. No comments were offered. As advised by the Attorney,
Councilman Thorpe made a.motion to adjourn the public hearing until
December 27, 1979 at 700 P.M. Councilman Manning seconded the motion.
All voting aye, motion was carried.
Mr. James Yaman, of Yaman Real Estate, introduced Ms. Mary Kazlusky.
She passed out brochures containing information about the Cortland area.
A similar slide -tape presentation was shown called "The Cortland Experience".
These are available for industry, education groups, or anyone interested,
upon request.
Deputy Supervisor, Melvin Pierce called the Public Hearing to order
at 714.5 in regards to the Fire Contract with the Village of McGraw.
The Town Clerk read the legal not -ice
Attorney Folmer advised that an error had been made on the cost.
It read $13,000,'and should have read $13,500.
There being no comments from those in attendance, Councilman Thorpe
made a motion to adjourn the hearing until Dec. 27, 1979 at 7:4.5 P.M.
Councilman Manning seconded the motion. All voting aye, motion was
carried.
Deputy Supervisor, Melvin Pierce, called the regular meeting to
order.
Fire Contract
with Village
of McGraw
Reading of the minutes of the previous meeting were dispensed with,
as all board members had received,copies prior to the meeting. Upon
motion by Councilman Thorpe, seconded by Councilman Manning, the minutes Minutes
of the regular meeting on November 7, 1979 were approved as written. approved
All voting aye, motion was carried. Upon motion by Councilman Thorpe,
seconded by Councilman Manning, the minutes of the special meeting of
November 1.5, 1979 were approved as written. All voting aye, motion
was carried, Also -approved as written were minutes`of the special meeting of
November 19, 1979.
Reports of department heads,are on the table to be reviewed by
anyone interested. The reports are also on file in the Town Clerks office
and may be seen upon request.
The Town Clerk stated that she has received a certified copy of
® the Court Order re arding the law suit with Barkers ( Cortlandville Received Cer.
Center Associates . Upon motion by Councilman Manning, seconded by copy of court
Councilman Thorpe, the order was received and filed. All voting aye, order - Barkers
motion was carried.
RESOLUTION # 178 AUTHORIZE'ISSUANCE OF A TRAILER PERMIT TO FRANCIS R.
SEARS
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
All voting: AYE
Trailer Permit
ADOPTED Francis Sears
WHEREAS, an application for a trailer permit has been received, and
the premises has been inspected by the Zoning Officer and approved, therefore
21_4 Wednesday, December 5, 1979
page 2
BE IT RESOLVED, that the Town Clerk is hereby authorized and directed
to issuer`a house trailer permit to Francis R. Sears upon payment
of the proper fee. Said trailer to be located on the Sears Road,
R.D. #4, Cortland, NY, in the Town of Cortlandvvlle.
A letter was read from Frederick Jackson, Project Director, of the
letter from Presidential Development Corp. The letter was directed to the Town
Pres. Bev. Planning Board requesting them to issue a preliminary letter of
consideration, subject to further approval; for their project. This
Corp. process is necessary for HUD funding.
There were negative and positive opinions expressed by members of
the Town Board.
Several members of the Town Planning Board were in attendance,
and it was decided that they would hold a Special Meeting on Monday
December 10, 1979, for further consideration.
There are three homeowners in the McLean Rd. - Terrace Rd. area
who have not made application for a sewer hookup. There are six home-
owners in the same area that have made application, but have not connected
their facilities to the sewer and one who has made application but has
not put the service in.
RESOLUTION # 179 AUTHORIZE BILLING AND NOTIFICATION OF NONCOMPLIANCE
REGARDING SEWER HOOKUPS AT MCLEAN RD.-TERRACE RD.
AREA
Motion by Councilman Thorpe
Seconded by Councilman Manning
Votes: All AYE ADOPTED
Billing & Sewer WHEREAS, the Cortlandville Town Board stated that all sewer hookups
hookups for must be installed and in use in the McLean Rd. -Terrace Rd. area
by January 1, 1980, per Resolution # 181 of December 7, 1977 and
McLean Rd. -Terrace Ed.
area AREAS, those property owners that have not connected to the sewer
have been notified,therefore
BE IT RESOLVED, that the Homeowners of the McLean Road -Terrace Road
area, not yet connected to the sewer, shall be billed for sewer
services commencing January 1, 1980, and further
RESOLVED, that the Cortland Couhty Board of Health Dept. shall be
notified of those homeowners that are not in compliance, after
January 1, 1980, to take further action as necessary.
Attorney Folmer advised the Town Board that they should not contract
with a local bank to collect the monies for tax collection purposes for
not contract 1980.
with bank for He has conferred with the Legal Dept. at Audit and Control and
tax collectingthey referred to ancopiniorof November 1975, which explains several
deficiencies. However, they did suggest that for the future, a proposal
could be submitted, in advance, for approval.
Supervisor Nadolski has contacted the state in regards to State
State ContracOontract purchases for Highway. Their program for 1980 will start in
purchases for ebruary.
Highway Highway Sup t, Carl Eaton, is preparing specs, for equipment, to
submit for approval next month.
Joyce Burhans has submitted a proposal for the Dog Control Officer
in the amount of $7,800. She has the necessary Kennels and would be
proposal for available 24 hrs, a day and week ends. The SPCA also will be submitting
Dog control a proposal. The matter was tabled for further information. No action
Officer was taken.
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Wednesday , December 5, 1979
page 3 2 1 !'-a
RESOLUTION # 180 ADOPTION OF TOWN OF CORTLANDVILLE DOG CONTROL
ORDINANCE
Motion by Councilman Thorpe
Seconded by Councilman Manning
Votes: All AYE ADOPTED
WHEREAS, a public hearing was held before the Town Board of the
Town of Cortlandville on October .9, 1979 at the Town Hall, 15
Terrace Rd., Cortland, NY, and
WHEREAS, there were no objections voiced against the adoption of
the ordinance, therefore
Log control
BE IT RESOLVED, that the Town of Cortlandville, Dog Control Ordinance
Ordinance be, and:it hereby is adopted, and shall become effective
® January 1, 1980, as follows (See attached,'in back of Dec.-5 1079 minutes)
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Attorney Folmer advised that Cortland Free Library Contract in the
amount of-$20,900 is completed.
A meeting has been scheduled for December 6, 1979 with Mr. Purdy
of Hayes Ambulance to discuss their contract.
Councilman Pierce has met with Beaty Brevett to,discuss plans of
the Metropolitan Cortland Sewer District.- They have proposed that
the Administrative Body shall consist of three members from the City of
Cortland, one member each, from Cortlandville, McGraw and Homer.
A letter was read from Ray Novak of the New York State Dept., of
Transportation. They have approved our application of the Town Highway
Improvement Program for Stupke Rd., Snell Rd., and Freetown Rd.
Councilman Thorpe made a motion, seconded by Councilman O'Donnell
that the letter be received and filed. All voting aye, motion was carried.
A check has been received from Sammons Communications, Inc. in check from
the amount of $10,187.97• This represents 3% of their revenue received Sammons Comm.
from the' Town of Cortlandville since November, 1975 through December 31,
1978. Future payments shall be made annually.
They are requesting a rate increase and will furnish the legal
notice and advise as to when they will have the public hearing.
A letter was read from Duane and Leona Clay of Miller St. E%t.,
Cortland, NY. There is a problem with junk cars axed debris in that area.
The Zoning Officer reported that he has inspected the area. Some
of the cars have been removed and Mr. Hart plans to erect a fence.
Councilman Thorpe referred to the previous requests of the Town
Planning Board to revise our Zoning Ordinance. If this could be done, revise Zoning
it would simplify these problems. Ordinance
After further discussion, it was the consensus of the Town Board
that a consulting firm would be needed to assist with the program.
Town Planning Board Chairman,William Clemens,stated that the firm
of Sargent, Webster, Crenshaw and Folley had been recommended by their
board a few years ago.
The Town Board requested the Supervisor to contact the firm and
obtain more information for discussion at the next meeting.
RESOLUTION # 181 AUTHORIZE APPOINTMENTS FOR ZONING COMMISSION TO
REVISE ZONING ORDINANCE
Motion by Councilman Thorpe
Seconded by Councilman Manning
Votes: All AYE
WHEREAS, Planning Board Chairman, William Clemens,requested that
Appointments be made to formulate a Zoning Commission, and
WHEREAS, there is a need to revise the present Zoning Ordinance
which was adopted October 31, 1968, therefore
BE IT RESOLVED, that a Zoning Commission be established by the Town
Board which would involve membership drawn from the Town Planning
Board, the Town Zqn' Board of Appeals, the Town Board and such
other people as migHgbe necessar� and further
216 Wednesday, December 5, 1979
.. page 4•
RESOLVED, that the commission is being established for the purpose
of engaging a consultant, as deemed necessary, and update the
existing Zoning Ordinance.
A letter was read from Bernard Thoma. He is interested in working
letter from as'a consultant for the HUD Program.
, SeCon�,�eD
Bernard Thoma by CouNc+/mw,v�yd2®c,
On motion of Councilman 0 Donnell, the letter was to be received
HUD and filed. All voting Aye, motion was carried. No action was taken.
Attorney Folmer advised that the Resolution abolishing the Fire
Protection District and creation of the Fire District has not been
sent to Audit and Control. Because these were combined on the same
resolution, and being subject to permissive referendum, it will be
submitted later.
An application to serve as Fire Commissioner wasp read f- oao Jopeph: J.
application DeMarco. Upon motion of Councilman Thorpe, seconded by Councilman •
for Fire Manning, the letter was to be received and filed. All voting aye.
Comm, motion was carried. No action was taken.
The dog enumerator has completed and filed with the Town Clerk the
enumeration list for 1979. The lists have been sent to the county and
filed with the state.
Assemblyman Hinchey has proposed legislation regarding granting
exemptions for Nonprofit Corporations and apportionment of assessment
to make parts of'exempt'property taxable when income producing.
Assessor Wells summarized the proposed bill for the Town Board.
He indicated that while the impact on Cortlandville rolls would be
minimal, there are many areas of the state having problems of this
nature.
Assessor Wells recommended that the Town Board support the legislation.
RESOLUTION # 182 AUTHORIZE SUPERVISOR TO ADVISE THE GOVERNOR OF
SUPPORT OF THE EXEMPTION BILL
Motion by Councilman Manning
Seconded by Councilman Thorpe
Votes: All AYE ADOPTED
Exemption Bill BE IT RESOLVED, that the Supervisor is hereby authorized, and
directed to correspond with the governor to indicate to him the
support of this Town Board for the Exemption Bill.
LaVerne Niederhofer had paid for ten water meters in 1974-for the
Bowling Green area. Only two of those meters have been issued to date.
Water meters Because of the time element, the Town Clerk expressed concern about the
LaVerne meters becoming outdated.
Niederhofer Justice Eaton thought the meters were assigned at the time of
payment.
It was the consensus of the Town Board to leave in stock as is.
RESOLUTION # 183 SETTING DATE OF'DECEMBER 27, 1979 FOR FINAL MEETING
OF 1979
Motion by Councilman Thorpe •
Seconded by CouncilmanManning
Votes: All AYE ADOPTED
BE IT RESOLVED, that the last Town Board meeting of 1979 shall be
Date for final held on December 27, 1979 at 7:30 at the Town Hall, to finalize
meeting of 1979 payments and unfinished business.
RESOLUTION # 184 SETTING DATE OF DECEMBER 21, 1979 FOR DEADLINE
TO SUBMIT VOUCHERS
Motion by Councilman Thorpe
Seconded by Councilman Manning
Votes: All AYE ADOPTED
BE IT RESOLVED, that all vouchers to be paid for 1979 must be
submitted to the Town Clerk by December 21, 1979 and
Wednesday, December 5, 1979
Page 5 21'r
RESOLVED, that the Town Clerk is authorized and directed to prepare
the abstract after approval of the Budget Officer.
Councilman Manning expressed concern about the speed limits on
Route 281. There had been two.serious accidents on that route recently. concern about
The State determines, what the speed limit will be . Petitions speed limit
have been submitted in the past to reduce the speed limit but they were on Rte. 281
denied. It was suggested that another petition be submitted.
RESOLUTION # 185 AUTHORIZE PAYMENT
OF VOUCHERS
FOR NOVEMBER
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
Votes: All AYE
ADOPTED
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BE IT RESOLVED, that the vouchers
submitted for the month of
November 1979, have been audited
and shall'be
paid as follows:
General Fund Vouchers
#446-529
$16,14.5.53
Highway
#274-293
10, 094•. 05
Water District # 1
#142-152
1,845.38
Water District # 2
# 7
20.46
Water District # 5
# 6
490.00
Sewer District # 1
# 23
54.06
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RESOLUTION # 186 REQUESTING COUNTY LEGISLATURE TO IMPLEMENT A
COMPLETE COUNTY -WIDE UPDATE OF ASSESSMENTS
Motion by Councilman Thorpe
Seconded by Councilman Manning
Votes: All AYE ADOPTED
WHEREAS, the Cortland County Legislature did provide a County -wide
Revaluation of all Real Property in the County for purposes of
assessment in 1977; and
audit of bills
County update
of assRssments
WHEREAS, the County Legislature has not provided the means for
update and maintenance of the Real Property Information System
upon which the County Assessment program is now based since the 1977
implementation thereof; and
WHEREAS, after lapsed time since implementation the County Assessment
Rolls no longer reflect the true status of the Real Estate Market
and are rapidly becoming inequitable between and within Towns,
the City and the Villages;
NOW THEREFORE, be it
RESOLVED, that the Town Board of the Town of Cortlandville urgently
request the Cortland County Legislature to implement a complete
County -wide update of Assessments to be completed for the 1981
assessment rolls, both to assure up-to-date and equitable rolls
and as a means of protecting the taxpayers funds already invested
in the aforesaid revaluation and Real property information system;
and it is further
RESOLVED, that the Town Clerk is directed to send a copy of this
resolution to the Chairman, Cortland County Legislature.
A motion was made by Councilman O'Donnell to adjourn:.tha-.meet.ing
to executive session. Seconded by Councilman Manning. All voting aye,
motion was carried.
The purpose of the executive session was to discuss the Selma
Simon Sewer Lawsuit.
. Wednesday, December 5, 1979
Page 6
Motion was made by Councilman_Thorpe., seconded by Councilman
O'Donnell to adjourn the executive session and reconvene to regular
meeting. All voting aye, motion. was carried.
Motion was made by Councilman Thorpe, seconded by Councilman
O'Donnell-to,adjourn the meeting. All voting aye, motion was carried. -
The meeting was adjourned at 10:15 PM.
Respectfully Submitted,
Paul ine.H. Parker
Town Clerk
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TOWN OF CORTLANDVILLE
DOCK CONTROL ORDINANCE
The Town Board of the Town of Cortlandville, Cortlapd County,
New York, ordain and enact as follows:
Section 1. This ordinance shall be known and may be cited
las the Town of Cortlandville Dog Control Ordinance.
Section 2. No person shall own or harbor a dog in the
ITown unless such dog is licensed as provided by Article 7 of
Ithe Agriculture and Markets Law of the State of New York.
Section 3. The license required in Section 2 shall be
lobtained by the owner"from the Town Clerk who, at the time of
issuing said license, shall deliver to the ogpor of the,dog
a tag gearing the qam® serial number as the license.
Section 4. The licanae period for licenses issued here-
under shall be t49 ggiendar year,
Sreetic t� The fact a doh .is withqut a tag attached
0 a" eo*a� � a+s he�eit� pr+syide4; "shale �e p;asumptiv® evidence
that -the 49g. if unlicgngad'. `
Section. 6. (a) Any PeaceP Officer or the Town HQg -Control
Officer shall seise any unlicensed dog, either on or off the owner'
premises, and any dog found at large in the Town not wearing the
Itag required by Article 7 of the Agriculture and Markets Law.
(b) Any dog so seized shall be conveyed to and
1confined in a pound or other similar facilities provided by the
(Town until disposition thereof is made as herein provided.
Section 7. It shall be the duty of the Town Clerk or the
Dog Control Officer to cause a notice to be published in the offici
newspaper of the seizure and impounding of a dog, containing a
description of the animal and the date it was seized and impounded,
and notice that unless the owner of such dog shall redeem it within
five (5) days of the date of seizure the owner will forfeit all
title to the dog and the dog will be disposed of as herein.provided
Section 8. The owner of a dog seized and impounded a$ provide
herein may redeem Such dog within (5) days of the date of its
seizure by producing to the person seizing or impounding the dog
a license for the dog and by paying to the Town Clerk or Dog Contr
Officer the following sums:
(a) First seizure - $10,00 plus $5.00 per day as cost
of boarding.
(b) Second seizure - $20.00 plus $5,OO per day as
cost of boarding
(c) Third seizure - $30.00 plus $5.00 per day.as cost
of boarding.
Section 9. If not redeemed as provided in Section.1 the
owner of a dog @aimed.and impounded as provided herein} p4all
forfeit all title to the'dog and the'dog shall be sold o destroye
without further notice. In the case of sale thereof the,'urchaser
must pay the purchase price. to the Town Clerk or Dog Control
Officer and also must obtain a license for the dog.
Section 10. (a) No person owning, harboring or having.custod
and control of a dog shall permit such dog to be at large anywhere
in the Town except upon his own property, or the property of
another person with the knowledge and assent of such other person,
during any time of the year.
(b) The owner, harborer or person having -the
custody and control of a dog in the Town, except as provided
in Subsection (a) of Section 10, shall control and restrain such
dog while off the owner's premises, whether or not tagged or
licensed with a chain or leash not exceeding eight (8) feet in
length.
Section 11. Any dog found running at large in violation
of Section 10 of this ordinance may be seized by the Dog Control
Officer any peace officer and confined in the pound or other
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O�as to prevent the disturbance of persons residing in the neighborh
�Iby any unreasonably loud, disturbing, excessive, continuous or
untimely noise by barking, yowling, howling, whining or the emissi
by the dog of any other kind of noise of any nature or description
The provisions of th�,a So
ction'shall be Jiberally'Construed to
prevent unreasonably loud, disturblpq, excessive, continuous
or untimely noig due con®id4ration'being given to the circumatanc
time of day 4n4 particular location of each violation and the
demands of the public health, safety and welfare.
Section 10. 4ny,person who shall violate any provision
of this ordinance shall be guilty of a violation, punishable
by a fine as provided in the Penal Law, Section QO'.®5, Sub -section
14.
Section 19. Any Feac® Officer or the Dog Control Officer
having reasonable cause to believe that a violation of this ordinar
has been cowitted in 4o presence shall issue and nerve an appeara
ticket for Such violation. The appearance ticket shall be in
the ;Qrm prescribed by the Towu Board by resolution in.eccordance
with the provisions of Section 126 of the Agriculture and Markets
Law and this ordinance. An answer to such appearance ticket
shall be mad® within five (5) days of the violation and may be
made by registered or certified mail, return receipt requested,
in lieu of personal appearance on the return date at the time
and Court that is specified in the appearance ticket, in accordance
with the provisions of Section 126 of the Agriculture and Markets
Law and this ordinance.
Section 20. Thia•ordinance shall take effect on January
1, 1980, aftor posting and publication as required by law in
advance of said date.
STATE OF NEW YORK )
COUNTY OF CORTLAND ' SS.:
TOWN OF CORTLANDVILLE
I, PAIULINE PARKER, Town Clerk of the Town of Cortlandville,
IiCortland County, New York, DO CERTIFY that the foregoing is a
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similar facilities provided for by the Town until disposition
thereof is made a$ herein provided.
Section 12. If a dog, seized and impounded as provided
in Section ll'bears a license.tag,'the Dog Control Officer'or
Peace Officer shall, ascertain the.owner of the dog and shall
give immediate notice.by personally serving -.such owner or a.member
of his family at least 18 years of age with a notice in writing
stating that the dog.has been seized and will be destroyed unless
redeemed within -the period herein provided.
Section 13. The owner of a dog seized and impounded as
provided in Section 11 may redeem the dog within seven (7) days --
twelve (12) days if the dog bears a license tag --by paying to
the Town Clerk or Dog Control Officer the sums set forth in Secti
8 hereof.
Section 14. If notredeemed as provided in Section 13 the
owner of a dog seised and impounded as provided in Section 11
shall forfeit all title to the dog and the dog shall be sold
or destroyed, in the case. of sale, the purchaser shall pay the
purchase price to the Town Clerk or Dog Control Officer..
Section 15. No action shall be maintained to recover the
possession or value of a dog, or for damages for injury or for
compensation for destruction of a dog destroyed pursuant to the
provisions of this ordinance.
Section 16. Any person destroying a dog under the provisions
of this ordinance shall immediately dispose of the carcass and
make a written report of such disposal to the Town Clerk. Any
person failing to make such report shall not. be entitled to compen-
sation for destroying the dog. The Town Clerk shall make and
preserve a record of such dispositions.
Section 17. Any person owing, harboring or having the cus
and control of a dog, when the dog is housed or confined, shall
so house or confine the dog in a place so situated or constructed
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true and correct copy of the Ordinance entitled: "Town of Cortlanc
Ville Dog Control Ordinance" that was duly enacted by the Cortland -
Ville Town Board at a regular meeting thereof held at the Cortland -
Ville Town Hall on December 5, 1979, as the same is entered upon
the minutes.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Town of Cortlandville this Sth day of December,
1979.
PAULINE PARKER,
Cortlandville Town Clerk