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HomeMy WebLinkAbout10-15-2008OCTOBER 15, 2008 5:00 P.M. 197 PUBLIC HEARING NO. 1 LOCAL LAW OF 2008 AMENDMENT TO CHAPTER 155 TRANSIENT BUSINESS ORDINANCE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the enactment of a Local Law amending Chapter 155, Transient Business Ordinance, of the Town of Cortlandville. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Code Enforcement Officer, Tom .Williams; Daniel, Patricia, and Andrew Mones, Valley View Gardens; Georgette Ogle; News Reporter, Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Dan Mones, owner of Valley View Gardens on Luker Road, commented that the Transient Business Ordinance affects all businesses in the community, rather than just his own business. Mr. Mones felt that his business was being singled -out. He thanked the Board for their efforts and requested the revised ordinance be adopted. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. J 198 OCTOBER 15, 2008 5:05 P.M. TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Code Enforcement Officer, Tom Williams; Daniel, Patricia, and Andrew Mones, Valley View Gardens; Georgette ,Ogle; News Reporter, Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Rocco made a motion, seconded by Councilman Proud, to approve the Town Board Minutes of May 21, 2008 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Cortlandville Planning Board Minutes of July 29, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of July 29, 2008. All voting aye, the motion was carried. The Draft Special Town Board Minutes of September 22, 2008, and the Draft Town Board Minutes of October 1, 2008, were submitted to the Board for their review. RESOLUTION #210 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #519 - 543 $ 14,752.75 General Fund B B 166 - B 176 $ 6,357.72 Highway Fund D'B D372 - D396 $139,326.49 Water Fund W240 - W254 $ 7,975.94 Sewer Fund S 117 - S 120 $ 2,243.09 Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Testa apprised the Board he received numerous requests to accept Town and County taxes in installments. He urged the Board to move forward with implementing installment payments. Town Clerk/Tax Collector Snyder reminded the Board the issue was discussed in the past and that as the Tax Collector she was in favor of collecting taxes in installments. She commented on the pros and cons of installment payments, and informed the Board it would be up to the County Legislature to allow installment payments. She suggested the Board educate themselves on the process and make a decision as to whether it would benefit the Town. As Tax Collector, she requested to be included in discussion regarding installment payments and to be apprised of any action being taken. Supervisor Tupper stated he would discuss the issue with the County Administrator and County Attorney, as he had a scheduled meeting with them on October 17, 2008. 1 1 199 OCTOBER 15, 2008 TOWN BOARD MEETING PAGE 2 The monthly report of the Supervisor for the month of September 2008 was on the table for review and was filed in the Town Clerk's Office. Prior to acting on the Transient Business Ordinance, Supervisor Tupper mentioned that correspondence was received from Glenna Haines, dated October 11, 2008, stating that the Board was discriminating against one particular business and hoped the Board would "reconsider & drop the outrageous fees." The Board moved forward with discussion on the revised Transient Business Ordinance. A motion was made to repeal the prior version of the statute, and to adopt the Local Law. RESOLUTION 4211 ADOPT LOCAL LAW NO. 4 OF 2008 AMENDING CHAPTER 155, TRANSIENT BUSINESSES OF THE CODE OF THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Proud VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Proud Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending Chapter 155, Transient Businesses of the Code of the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 4 of 2008, amending Chapter 155, "Transient Businesses" of the Code of the Town of Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Cleric is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Chapter 155 T1ANSIENT BUSINESSES § 155-1. Definitions § 155-6. License to be displayed. § 155-2. License, cash deposit or bond § 155-7. Conduct of transient retail prerequisites to doing business. business. § 155-3 Application for license. § 155-8. Reserved § 155-4 Furnishing additional information § 155-9. Revocation of license relating to business. § 155-10. Penalties for offenses. § 155-5 Bond; cash deposit to be filed; conditions (Replaces prior version of this statute.) zoo OCTOBER 15, 2008 TOWN BOARD MEETING PAGE 3 § 155-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: TRANSIENT BUSINESS - A business conducted at any location for the sale of goods, wares and merchandise or services incident therewith, except ready to eat 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", "Garage Sale", "Yard Sales" as those terms are generally used and also as defined and regulated by other parts of this Code. Any temporary sale of merchandise on any part of property owned by the seller and contiguous to a place of sale of similar product(s) also owned by the seller. Any transient business as defined above conducted by and for the benefit of any non- profit organization, including groups connected to an education institution. Such activities might include, but not be limited to, car washes, magazine sales, and returnable container collections. Such activity shall be limited to operation on one day per month per group. § 155-2. License prerequisite to doing business. No person shall conduct a transient business within the town without first obtaining a license therefore. § 155-3. Application for license. An application for a license, together with an application fee and daily fee as set forth from time to time by Town Board resolution, to conduct a transient 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 identity and proof of legal establishment of the enterprise or business, including but not limited to county DBA filing, state sales tax certificate, liability/worker's compensation/state disability insurance coverage, and proof of authorization to use the property as the Town Clerk shall, in his or her discretion, determine. Such application shall contain a statement showing the true name of the owner of such business, legal 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. Such application shall be approved by the Zoning Officer to assure compliance with Chapter 178, Zoning, and with § 155-7 of this chapter. § 155-4. Furnishing additional information relating to business. The Town Clerk or Zoning Officer may demand, and such merchant shall furnish, such further information relating to stock and sales during the conduct of a transient business as deemed necessary to comply with the purposes of this chapter. § 155-5. Fee. The Town Clerk shall collect a fee in the amount of $ 400.00 for the license and $ 100.00 per day for each day of operation as indicated on the license. Both fees shall be collected prior to the issuance of any license. § 155-6. License to be displayed. A license granted under the provisions of this chapter shall be conspicuously displayed by the transient merchant in his place of business in the town during the conduct of such business. OCTOBER 15, 2008 TOWN BOARD MEETING PAGE 4 § 155-7. Conduct of transient business. No transient business will be allowed in residential or agricultural district zones nor in any zone within 500 straight line feet of any permanent business selling items or services that are similar. Operation of the business is limited to no more than 5 days (must be consecutive), whether sales take place on any given day or not. Sales shall take place no longer than one hour after sunrise to sunset. Permitted dates, both beginning and ending, must be shown on the license. Only one such license per calendar year shall be issued to any one business or enterprise. A transient retail business selling a product of a nature where there is no competition by a permanently established business entity whose primary full-time purpose is to sell that product within 1 straight line mile, shall be allowed to conduct said transient business for no more than 45 days (days must be consecutive). One ground sign, not exceeding 75 square feet, shall be allowed; except that on a lot at an intersection with frontage on two roads or public- rights -of -way, two ground signs not exceeding a combined total of 75 square feet shall be allowed. § 155-8. Reserved. § 155-9. Revocation of license. Upon the failure of the person who shall have received a license to conduct a transient business to comply with any or all of the terms of this chapter, the Town Clerk may, at any time, revoke the license granted to such person. Any violation of this chapter 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. § 155-10. Penalties for offenses. Anyone violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1000.00 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment. There was discussion regarding the 2009 Budget. Supervisor Tupper explained that the 2009 Preliminary Budget Town tax rate was the same as the 2008 rate of $3.68 per thousand. He attributed the negotiated sales tax revenue as one reason why the 2009 Town tax rate would not increase. RESOLUTION #212 SCHEDULE PUBLIC HEARING REGARDING THE 2009 PRELIMINARY BUDGET Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 5, 2008 at 7:00 p.m. regarding the 2009 Preliminary Budget, and it is further RESOLVED, that 20 copies shall be made available for distribution to the public on November 1, 2008. RESOLUTION #213 SCHEDULE DATE TO ADOPT 2009 PRELIMINARY BUDGET AS THE 2009 ADOPTED BUDGET Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall adopt the 2009 Preliminary Budget as the 2009 Adopted Budget at the Special Town Board Meeting on November 7, 2008 at 9:00 a.m. 20� OCTOBER 15, 2008 TOWN BOARD MEETING PAGE 5 Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Thoma Development Consultants, dated October 8, 2008, regarding a request made by Jerry and Sally Stevens of Blodgett Mills to subordinate the Town's mortgage to a new first mortgage, as the Town provided the Stevens' $25,240 of rehabilitation assistance in the Blodgett Mills project. All voting aye, the motion was carried. RESOLUTION #214 AUTHORIZE SUPERVISOR TO EXECUTE A SUBORDINATION AGREEMENT FOR JERRY AND SALLY STEVENS FOR PROPERTY LOCATED AT 3342 ROUTE 11, MCGRAW, NEW YORK Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute a subordination agreement for Jerry and Sally Stevens for property located at 3342 Route 11, McGraw, New York, tax map #98.00-01-57.000, when such agreement is presented to the Town by Thoma Development Consultants. Attorney Folmer reported: BAR Association Meeting: Attorney Folmer reported that he attended the Municipal Law Section of the BAR Association meeting. He would draft a memo to the Board regarding the issues that would be of interest to the Town, such as: when selling surplus property, the Town is required to notify the Office of General Services that items are for sale so that other municipalities can express interest in purchasing the items. Councilman O'Donnell reported that Marvin Windows broke ground at its new location. Councilman Testa questioned the status of the 2008 Home Grant for elderly rehabilitation. Supervisor Tupper reported that Thoma Development Consultants anticipated that funds would not be available until January 2009. There was discussion regarding the establishment of Stormwater Review Fees. Amanda Barber from Soil & Water Conservation District (SWCD) met with CEO Williams, Planning/Zoning Officer Weber and Supervisor Tupper and brought it to the their attention that despite recent building projects that required a significant amount of review by the SWCD, the Town did not have stormwater review fees. CEO Williams reported that by establishing such fees, applicants of projects that required a significant amount of review would be responsible for payment prior to any permits being issued. A percentage of the fees would go to SWCD. Attorney Folmer requested the Board table action on the matter until he had the opportunity to speak with CEO Williams regarding the fees and to make sure the establishment of such fees was permitted. Councilman Proud suggested they discuss the issue further with Ms. Barber. RESOLUTION #215 TABLE ACTION ON ESTABLISHING A STORMWATER REVIEW FEE UNTIL NOVEMBER 5, 2008 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding the establishment of a Stormwater Review Fee until the November 5, 2008 Town Board meeting, to allow time for the Town Attorney to research the process by which such fee may be established and to speak with the Town Code Enforcement Officer. Z03 OCTOBER 15, 2008 TOWN BOARD MEETING PAGE 6 Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Jaclyn Brilling, State of New York Department of Public Services, dated September 26, 2008, regarding Temporary Operating Authority granted to Time Warner - Syracuse Division for its operations in the Town of Cortlandville, to expire April 11, 2009. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Thomas T. Ranallo, President, Troy & Banks Utility Telecommunication Consultants, dated October 6, 2008, regarding the review of the Town's utility bills. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from New York State Housing Trust Fund Corporation, dated October 6, 2008, regarding the 2008 HOME Grant. All voting aye, the motion was carried. RESOLUTION #216 AUTHORIZE SUPERVISOR TO REFUND PARK RESERVATION FEE OF $75.00 TO GRACE CHRISTIAN FELLOWSHIP Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, due to inclement weather on September 28, 2008, Grace Christian Fellowship was not able to utilize the Town of Cortlandville Citizens Park as scheduled, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to refund the park reservation fee of $75.00 to Grace Christian Fellowship, and it is further RESOLVED, correspondence from Donald Dunn, Facilities Manager of Grace Christian Fellowship, shall be received and filed. No further comments or discussion were heard. The meeting was adjourned at 5:40 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on November 19, 2008.