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HomeMy WebLinkAbout08-29-1978Tuesday, August 29, 1978 Page 1 SPECIAL MEETING A special meeting of the Town Board was called by the Supervisor, Stanley Nadolski for the purpose of making the decision as to how to apply the revenue of Cortland County Sales and Use Tax for the year 1979. The meeting was held at the Town Hall, 15 Terrace Road,on August 29, 1978 at 7:35 P.M. The meeting was called to order by Supervisor Nadolski; other Board members present were: Councilman Warren Manning, Councilman Melvin Pierce,and Councilman Ray Thorpe. Councilman Ray Miller was away on vacation. Others present were: Town Clerk Pauline Parker, Deputy Town Clerk Nancy Ross, Attorney John Gardner, Zoning Enforcement Officer Don Fowler, Justice Donald F. Eaton, Highway Suprintendent Carl Eaton, Assessor Robert Wells, Legislator Delmar Palm, ® and many interested residents. Supervisor Nadolski apprised the board and those in attendance of the law (Section 1262 of the Tax law) and the legal aspects for receiving the sales tax. After contacting Audit and Control, their opinion was: We can, by resolution of the Town Board prior to August 31, 1978, take our total share of Sales Tax monies from the County, and after determining our total requirement for Town purposes, return any excess to the County for purposes of reducing our share of the County levy. Subject portion should be returned to the County prior to the completion of their County Budget process and the establishment of the County Tax Rate. (Approx. late November) Neither the Town Boards nor the Supervisors in the County have any control over the division of the Sales Tax. Section 1262 of the Tax Law governs, and in Cortland County it was elected by the Legislature to allocate these monies according to an agreement entered into between the County and the City elective governing bodies as allowed by law. Because of the formula being changed this year at the County level, the question is, should we continue as has been done in the past. It was also explained as to how this has affected our budget this year and how it will affect our budget next year. Supervisor Nadolski gave the priveledge of the floor for questions and comments. After much discussion Attorney Gardner stated that the decision made tonight would remain in effect until such time the board changed it by resolution. After further discussion it was the consensus of the board that those in attendance were in favor of receiving all sales tax revenue at this time. Town Attorney John Gardner read the following resolution for the board's consideration: RESOLUTION # 118 AUTHORIZATION TO RECEIVE ALL REVENUE OF CORTLAND COUNTY SALES AND USE TAX FOR THE YEAR 1979 AND HEREAFTER UNLESS CHANGED BY RESOLUTION OF THE TOWN BOARD Motion by Councilman Ray Thorpe, seconded by Councilman Warren Manning Votes; Councilman Thorpe .....Aye Councilman Manning..... Aye Councilman Pierce .....Aye Councilman Miller .....Absent Supervisor Nadolski.... Aye Adopted. WHEREAS, Section 1262, subdivision (c), of the Tax Law of the State of New York, provides that the Town of Cortlandville may elect to have its proportionate share of the Cortland County Sales and Use Tax paid in cash directly to the Town rather than having such revenue applied to reduce the county taxes and general town taxes levied upon real property in the Town; NOW, THEREFORE, be it RESOLVED, that pursuant to the provisions of Section 1262, subdivision (c), of the Tax Law of the State of New York, the Town of Hortlandville does hereby elect to have its proportionate share of the Cortland County Sales and Use Tax paid in cash directly to the Town to be used for any town outside village purposes rather than applied to reduce the county taxes and the general town taxes levied upon real property in the Town. Tuesday, August 29, 1978 Page 2 1 • 1 0 1 SPECIAL MEETING (CONTQ) The purpose of the meeting having been accomplished, upon motion by Councilman Melvin Pierce, seconded by Councilman Ray Thorpe, all voting aye, the meeting was adjourned at 8:05 P.M. Respectfully Submitted Pauline H. Parker Town Clerkjncr