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HomeMy WebLinkAbout08-05-1998AUGUST 05, 1998 7:00 P.M. 265 PUBLIC HEARING LOCAL LAW NO. 2 OF 1998 CODIFICATION OF LOCAL LAWS A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning a Local Law for the Codification of the Town's Local Laws. Members present: Absent: Deputy Supv, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Supervisor, Raymond Thorpe Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Richard Penoyer and Mr. and Mrs. Michael Cole of McDonald Road; News Reporters, Jennifer Koch of the Cortland Standard and Eric Reinhardt of WXHC Radio. Deputy Supervisor Testa called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as posted and filed. Deputy Supervisor Testa offered those in attendance privilege of the floor. Town Clerk, Pauline Parker, apprised the Board that code books were distributed a month ago and no calls or questions were received in her office. No other questions or comments were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Hearing was closed at 7:05 p.m. 266 AUGUST 05, 1998 PUBLIC HEARING 7:15 P.M. LOCAL LAW NO. 3 OF 1998 REGULATION FOR OPERATION OF ATV VEHICLES A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning a Local Law for the regulation of the operation of ATV vehicles in the Town. Members present: Absent: Deputy Supv, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Supervisor, Raymond Thorpe Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Richard Penoyer and Mr. and Mrs. Michael Cole of McDonald Rd.; News Reporters, Jennifer Koch of the Cortland Standard and Eric Reinhardt of WXHC Radio. Deputy Supervisor Testa called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as posted and filed. Deputy Supv. Testa offered to those in attendance privilege of the floor. Councilman Rocco suggested a specific distance, from an adjoining property line, that an ATV can be operated, be added to the proposed law. A discussion was held concerning the distance of 500 feet from an adjoining property line. Councilman O'Donnell stated this process will be handled on a complaint basis, only. Attorney Folmer further explained that the complaint needs to be reported, in accordance with the NYS Vehicle and Traffic Law, as it will not be up to this Board. Attorney Folmer further explained the property line clarification, giving examples of. Further discussion was held by Town Board members. No other questions or comments were heard from those in attendance. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:30 p.m. Li AUGUST 05, 1998 TOWN BOARD MEETING 7:00 P.M. 267 The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Deputy Supervisor Testa presiding, following Public Hearings for Local Laws relating to General Codes and regulations for operation of ATV's. Members present: Absent: Deputy Supv, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Supervisor, Raymond Thorpe Others present were: Town Attorney, John Folmer; Highway Supt , Carl Bush; Richard Penoyer and Mr. & Mrs. Michael Cole of McDonald Road; and News Reporters, Jennifer Koch of the Cortland Standard and Eric Reinhardt of WXHC Radio. Deputy Supervisor Testa called the meeting to order. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of June 17, 1998. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file the Planning Board Minutes of May 26, 1998. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the Zoning Board of Appeals Minutes of May 26, 1998. All voting aye, the motion was carried. RESOLUTION #131 AUTHORIZE PAYMENT OF VOUCHERS AUGUST Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #319 - 358 $ 9,887.86 General Fund B 94 - 105 $ 11,343.56 Highway Fund DB 269 - 298 $ 34,571.01 Water Fund 193 - 215 $104,998.92 Sewer Fund 118 - 127 $ 38,737.56 Capital Projects 4 $ 3,500.00 Deputy Supv. Testa offered privilege of the floor to those in attendance. Councilman Rocco apprised the Board of an employee calling him with questions concerning the Deferred Compensation Plan. It was agreed to post his name and contact number, to be made available to Town employees, and refer these questions to him. A discussion was held whereby an employee must submit their application by the 10th of the month, to activate the program the following month. Councilman O'Donnell reported that Richard Parker, of Blodgett Mills, has hired a handyman to help with the clean up around his home and things have improved. Monthly reports of the Town Clerk for July 1998 and the Supervisor for May, June and July 1998, are on the table for review and filed in the Town Clerk's office. �F AUGUST 05, 1998 TOWN BOARD MEETING PAGE 2 Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence dated July 1998 from Doug Withey, Supt. of the Cortland Water Board and Attorney Edward Purser, representing Darrell L. Carter. All voting aye, the motion was carried. The correspondence is in reference to an increased water problem at the West Road Plaza, located at the intersection of Route 281 and Route 222, because of changes in the area. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated July 23, 1998 from Andrew Damiano of the City of Cortland. All voting aye, the motion was carried. The letter advised of a meeting to be held on August 12th at City Hall to discuss the County's interest of using the Tub Grinder. A discussion was held concerning whether or not the grant for the tub grinder had been approved. Highway Supt, Carl Bush will be attending the meeting. Councilman Rocco apprised the Board of receiving a copy of a. letter from Nick Renzi, addressed to the Cortlandville Fire Dept. , advising that he was donating 200 shares of Pall Trinity stock to them. A discussion was held whereby it was agreed to send a letter of appreciation to Mr. Renzi. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file a letter dated July 24, 1998 from Daniel E. Wall, of the Department of Civil Service. All voting aye, the motion was carried. The letter acknowledged receiving our Resolution adopting the NYS Deferred Compensation Plan for Town Employees. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file notification, dated July 15, 1998, from John Fitch, Mayor of the Village of McGraw. All voting aye, the motion was carried. Received was their Local Law No.1 of 1998, providing for and creating a Groundwater Protection District. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a notification dated July 28, 1998 from the Town of Dryden. All voting aye, the motion was carried. They advised of a Public Hearing to be held on August 11, 1998, to amend their zoning ordinance relating to Adult Uses. RESOLUTION #132 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION" FROM TOPS MARKETS INC. AS AGENT -IN -FACT FOR LAVERNE NIEDERHOFER RELATING TO FURTHER REVIEW OF THE ASSESSED PROPERTY VALUE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, The Town Board does hereby acknowledge, by receiving and filing, the "Notice of Petition" received from Tops Markets Inc., as agent -in -fact for Laverne Niederhofer, regarding their current assessed property value. RESOLUTION #133 AUTHORIZE PARTICIPATION WITH CORTLAND COUNTY CLERK TO ACCOMPLISH A RECORDS MANAGEMENT PROGRAM RELATING TO COURT RECORDS OF THE TOWN Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Departments of NYS have advised that Municipal Court AUGUST 05, 1998 TOWN BOARD MEETING PAGE 3 269 Records are to be included within the Record's Management Program, in accordance with the NYS retention schedule, and WHEREAS, the State Archives and Records Administration, (SARA) and the Unified Court System ( UCS ) have provided information to apply for funding, via a Grant application, and WHEREAS, the Cortland County Clerk would like to submit a cooperative grant application, to accomplish this within Cortland County, as was done in the past, therefore BE IT RESOLVED, the Town Board does hereby authorize participation and request the Cortland County Clerk to include the Town as part of the grant application to purge relevant court records of the Town, and create a court records management plan, and direct the Town Clerk to notify them of this. The Town Clerk is keeping the Town Justice advised of the progress on this program including names and telephone numbers of the involved people at the State level. Deputy Supervisor Testa explained that we would proceed with the Public Hearing concerning ATV vehicles, and, then come back to the meeting. Following the Public Hearing, Deputy Supervisor Testa asked Town Board members if they were prepared to take action tonight concerning the two proposed Local Laws. Attorney Folmer explained the reason for a SEQRA Review for these projects. RESOLUTION #134 DECLARE NEGATIVE IMPACT FOR LOCAL LAW #2 OF 1998 - CODIFICATION OF LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a Local Law for the Codification of Town Local Laws, Ordinances, and certain resolution, was submitted for adoption, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed Local Law No. 2 shall have no significant environmental impact, and FURTHER RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA application. RESOLUTION #135 ADOPT LOCAL LAW NO. 2 OF 1998 - CODIFICATION OF LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing was duly held by this Town Board on August 5, 1998, therefore BE IT RESOLVED, the Town Board does hereby adopt Local Law No. 2 of 1998 - Codification of Local Laws, Ordinances and Certain Resolutions of the Town of Cortlandville as follows: i 7Q AUGUST 05, 1998 TOWN BOARD MEETING PAGE 4 Be It Enacted by the Town Board of the Town of Cortlandville, County of Cortland, New York: Section 1-1. Legislative intent. In accordance with Subdivision 3 of Section 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Cortlandville, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 178, together with an Appendix, shall be known collectively as the "Code of the Town of Cortlandville," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Town of Cortlandville" to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to 'the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read. Section 1-2. Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a, continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Cortlandville, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of Section 1-3 below. Section 1-3. Repeal of enactments not included in Code. All local laws and ordinances of a general and permanent nature of the Town of Cortlandville in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law. Section 1-4. Enactments saved from repeal; matters not affected. The repeal of local laws and ordinances provided for in Section 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal: A. Any right or liability established, accrued or incurred under any legislative provision of the Town of Cortlandville prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability. B. Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of Cortlandville or any penalty, punishment or .forfeiture which may result therefrom. C. Any prosecution, indictment, action, suit or other proceeding pending or any judgement rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Town of Cortlandville. D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Cortlandville. 1 F 1 E. Any local law or ordinance of the Town of Cortlandville AUGUST 05, 1998 TOWN BOARD MEETING PAGE 5 271 providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Cortlandville or any portion thereof. F. Any Local law or ordinance of the Town of Cortlandville appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Cortlandville or other instruments or evidence of the town's indebtedness. G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation. H. The levy or imposition of special assessments or charges. I. The annexation or dedication of property. J. Any legislation relating to salaries. K. Any local law or ordinance amending the Zoning Map. L. Any Legislation adopted subsequent to October 10, 1997. M. Any legislation relating to or establishing a pension plan or pension fund for municipal employees. N. Legislation regarding affirmative action, adopted November 20, 1987. 0. Legislation regarding an Investment Policy, adopted August 19, 1987. P. Legislation regarding electrical standards, adopted April 16, 1975. Q. Legislation regarding flood damage prevention, adopted by Local Law No. 2-1983. R. Legislation establishing personnel policies. Section 1-5. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 1-6. Copy of Code on file. A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Cortlandville and shall remain there for use and examination by the public until f inal action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Cortlandville by impressing thereon the Seal of said Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. l r ? AUGUST 05, 1998 TOWN BOARD MEETING Section 1-7. Amendments to Code. PAGE 6 Any and all additions, deletions, amendments or supplements to any of the local law, ordinances and resolutions known collectively as the "Code of the Town of Cortlandville" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances, or resolutions may be amended, deleted or changed from time 'to time as the Town Board deems desirable. Section 1-8. Code book to be kept up-to-date. It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Cortlandville required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein. Section 1-9. Sale of Code book; supplementation. Copies of the Code may be purchased from the Town Clerk of the Town of Cortlandville upon the payment of a fee to be set by resolution of the Town Board, which Board may also arrange by resolution for procedures for the periodic supplementation thereof. Section 1-10. Penalties for tampering with Code. Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Cortlandville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Cortlandville to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both. Section 1-11. Changes in previously adopted legislation; new provisions. A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Cortlandville, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such. 1 1 1 AUGUST 05, 1998 TOWN BOARD MEETING PAGE 7 273 B. In addition, the amendments an/or additions, as set forth in Schedule A attached hereto and made a part hereof, are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.) Section 1-12. Incorporation of provisions into Code. The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Cortlandville, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered Sections 1-1 to 1-13, inclusive. Section 1-13. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. Attorney Folmer presented the amended draft of the proposed Local Law No. 3 with amendments to Sections 2 and 4. RESOLUTION #136 DECLARE NEGATIVE IMPACT FOR LOCAL LAW NO. 3 OF 1998 - REGULATION OF OPERATION OF ATV VEHICLES Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a Local Law for regulation of operation ATV Vehicles was submitted, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed Local Law No. 3 of 1998 - Regulation of Operation of ATV Vehicles, shall have no significant environmental impact, and FURTHER RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA application. RESOLUTION #137 ADOPT LOCAL LAW NO. 3 OF 1998 - REGULATION OF OPERATION OF ATV VEHICLES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing was duly held by this Town Board on August 5, 1998, therefore BE IT RESOLVED, the Town Board does hereby adopt Local Law No. 3 of 1998 - Regulation of Operation of ATV Vehicles as follows: BE IT ENACTED: by the Town Board of the Town of Cortlandville as follows: STATEMENT OF INTENT: The Town Board of the Town of Cortlandville recognizes that the operation of vehicles known as ATV vehicles can, under certain circumstances, cause excessive noise to the detriment of occupants and owners of residential and other premises within the Town. Section One. The provisions of Article 48-C of the Vehicle and Traffic Law of the State of New York are hereby �! ''AUGUST 05, 1998 TOWN BOARD MEETING PAGE 8 declared applicable to the operation of ATV vehicles upon private lands within the boundaries of the Town of Cortlandville. Section Two. The provisions of Section 375(31) of the Vehicle and Traffic Law of the State of New York are hereby declared applicable to the operation of ATV vehicles upon private lands within the boundaries of the Town of Cortlandville. Section Three. For purposes of this Article, the term "motor vehicle" as defines in Section 375(31) shall include ATV vehicles. Section Four. No ATV vehicle shall be operated within the Town of Cortlandville within 500 feet of any adjoining owners property line. Section Five. The penalties for the violation of this law shall be those specified for violations of Article 48-C and Section 375(31) of the Vehicle and Traffic Law of the State of New York. Councilman Rocco asked how the Sheriff's Office is notified. Attorney Folmer responded that he would notify them. The Town Clerk reminded Town Board members that a Local Law does not take affect until it is received at the State level. They will notify us of the effective date. A discussion was held concerning this whereby the clerk agreed to notify Town Board members when she receives this information. Attorney Folmer and Board Members expressed appreciation to Town Clerk, Pauline Parker, for the hard work and dedication she has applied to the codification project. Getting the new Code Book in place has taken many years to accomplish. RESOLUTION #138 APPROVE PRICE LIST FOR TOWN CODE BOOK AND PAMPHLETS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, adoption of the Code Book of the Town of Cortlandville has occurred, and within are sections that have been placed in individual pamphlets to be made available to the public, and WHEREAS, General Codes Publishers have provided pamphlets relating to the Zoning Law and another for Subdivisions, with a. suggested price list for those and the complete book, and WHEREAS, the Town Clerk and Highway Supt. have reviewed the code book and recommend pamphlets relating to Highway and another for Water and Sewer be made available to the public and have submitted a price list for these pamphlets, therefore BE IT RESOLVED, the Town Board does hereby approve the price list for the new Town Code Book and pamphlets, as follows: HARD COVER (complete) $125.00 ZONING LAW $ 15.00 SUBDIVISION $ 10.00 HIGHWAY $ 10.00 WATER AND SEWER $ 10.00 The above pamphlets can be purchased in the Town Clerk's office. Rates or fee schedule request will be made available by the involved department. Attorney Folmer reported: L� 1 1 Grass and Weed Law: Prepared and distributed for review and Town Department's use, a complaint form to be filled out AUGUST 05, 1998 TOWN BOARD MEETING PAGE 9 275 and signed by the person making the complaint. This is a required procedure involving any person's property. In reference to Councilman O'Donnell's request of amending this Law, using the term vegetation: He suggested that it not be considered this time, as this is too generic of a term. Other questions are occurring too. BAN Projects: Should have Bonding Resolutions for the August 19th meeting for the Board to adopt, relating to the Fairgrounds Dr. and Saunders Rd. projects. He will be on vacation until August 31st. Councilman O'Donnell requested a resolution giving Highway Supt, Carl Bush authority or clarification relating to Local Law No. 1 of 1998. RESOLUTION #139 AUTHORIZE HIGHWAY SUPERINTENDENT TO ENFORCE LOCAL LAW NO. 1 OF 1998 - GRASS AND WEED CONTROL Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Supt. to take such steps as are necessary to enforce the provision of Local Law No. 1 of 1998 - Grass and Weed Control, including entry upon private property in accordance with the provisions of said Local Law. RESOLUTION #140 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of county sales taxes which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with the calendar year 1999, and it is further RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services by registered or certified mail before September 01, 1998. RESOLUTION #141 APPROVE PLUMBERS APPLICATION OF ROBERT L. PARK FOR WATER AND SEWER CONNECTIONS WITHIN THE TOWN OF CORTLANDVILLE Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Robert Park of R.L. Park Construction and Park Pools & Spa's, Tully, NY, for approval to install water and sewer services in the Town, and WHEREAS, such application included references and previous experience, as required, and has been reviewed and recommended for approval by Water Supt, Carl Bush, therefore BE IT RESOLVED, the application submitted by Robert Park is hereby approved, and his name shall be added to the approved Plumbers List of the Town of Cortlandville. ,? ( AUGUST 05, 1998 TOWN BOARD MEETING PKE 10 Councilman Pilato made a motion, seconded by Councilman Rocco, to recess the Regular Meeting and convene to an Executive Session to discuss a personnel matter and prosecution of litigation and a matter in Blodgett Mills. All voting aye, the motion was carried. The Meeting was recessed at 8:50 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. No action was reported. Councilman Pilato made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Meeting was adjourned at /Resp ctfull su mitted, 4 Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1 11