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RECEIVED STATE RECORDS ^ New York State Department of State OCT 0 9 of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law F/V/A^PARTMENT OF 3TATE www.dos,state.ny. us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. [x]County DCity DTown DVillage (Selectone:) P I L B © Of Cortland p T A T j ptESQ^Bj LocalLawNo. 6 of the year 20 IT pgpARTMENT OF STATE A local law (Insert Title) Be it enacted by the Legislature of the (Name of Legislative Body) lx]County DCity DTown DVillage CSe/ec< one:) of Cortland as follows: See attached. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-l (Rev. 02/10) Page 2 of 4 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by locallegislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. z of 202I of the (County)(City)(Town)(Village) of Cortland was duly passed by the Cortland County Legislature on September 28 20}Z , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) ^ I hereby certify that the local law annexed hereto, designated as local law No. ' of 20 of the (County)(City)(Town)(Village) of ' was duly passed by the . on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the : • and was deemed duly adopted (Elective Chief Executive Officer*) on 20l I I, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of : was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) ^ (repassed after disapproval) by the . . on 20 . (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) i hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of [ was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the _on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body; the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l (Rev, 02/10) Page 3 of 4 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 7f'. • 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No : of 20 of the County of ^State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe qualified electors ofthe cities of said county as a unit and a majority ofthe qualified electors ofthe towns of said county considered as a unit voting at said.general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, §jird was fin^y 3C^)g:^in tlj^rrpanj^ryi^icated in paragraph J above. (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Cortland I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. County City Cortland Town Village Date October 4, 2017 DOS-0239-f-l (Rev. 02/10) Page 4 of 4 ---PAGE BREAK--- ON MOTION OF KEVIN WHITNEY RESOLUTION NO. 355-17 Local Law 6 of 2017 - a Local Law Overriding Tax Levy Liniit for Fiscal Year 2018 WHEREAS, the New York State Legislature enacted General Municipal Law §3-c which establishes a limit upon real property tax levies by local govemments, AND WHEREAS, pursuant to General Municipal Law §3-c a local government may adopt a budget in excess of the tax levy limit only if the goveming body of such local government first enacts a local law to override the tax levy limit for the coming fiscal year only, AND WHEREAS, the Cortland County Legislature has not yet finalized the fiscal year 2018 budget, and may need the flexibility to exceed the property tax cap if it is deemed necessary; NOW THEREFORE, BE IT ENACTED by the Legislature ofthe County of Cortland, as follows: Section 1 Legislative Intent The Cortland County Legislature has determined that it is important to maintain flexibility in the process of finalizing the fiscal year 2018 budget, and it may be necessary to override the limit on the amount of real property taxes that may be levied by the County of Cortland for the coming fiscal year 2018. Section 2 Override of Tax Levy Limit Upon the adoption of this local law, the Cortland County Legislature is hereby authorized to override the tax levy limit for the coming fiscal year 2018, if the Legislature deems it necessary for the County of Cortland to adopt a budget for the fiscal year 2018 which may require a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law §3-c. Section 3 Legal Authority The authority to override the tax levy limit is authorized by General Municipal Law §3-c which expressly authorizes a local government to override the tax levy limit for the coming fiscal year 2018 by the adoption of a local law approved by a vote of sixty percent (60%) of the total voting power of its goveming body, the Cortland County Legislature. Section 4 Effective Date This Local Law shall take effect immediately, in accordance with the provision of the Municipal Home Rule Law of the State ofNew York. ^ STATE OF NEW YORK) SS: COUNTY OF CORTLAND) This is to certify that I, the undersigned, Clerk ofthe Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 28th day of September, 2017 and that the same is a correct and true transcript of such actions taken. ---PAGE BREAK--- IN WITNESS WHEREOF Lhave hereunto set my hand and the official seal ofthe CORTLAND COUNTY LEGISLATURE, this 28th day of September, 2017. Clerk ofthe CortlanId County Legislature ---PAGE BREAK--- LOCAL LAW FILING New YorkState Department of State Divisian of Corporations, State Records and Uniform Commercial Code . Oie Commerce Plaza, 99 Washington Avenne ) Albany, NY 12231-0001 www.dosjtatejiY.Ps/conis (USE THIS FORM TO FILE A LiOCAL LAW Wrra THE SECRETARY OF STATE) Text of law shpuld be given as amended. Matter being eliininated is shown in line-out format and new matter is shown in underline format. 1 i ISTATET^t TOWNOFERWIN LocalLawNo. , of the year 2017 - i DEPARTMENT w A local law entitied "Amendment of Section 130-8t Signs of The Code of and Section 4.14 of Town of Erwin Local Law No. 1 of 2017^. ,r'TE • of flie Town of Erwin. Be it enacted by the Town of Erwin Town Board ofthe as follows: Sectibn 1. STATtTORY AUTHORITY: This local law is adopted pursuant to the provisions of the Mimicipal Home Rule Law ofthe State ofNew York. Section 2. Chapter 13 0 of the. Code of the Town of Erwin is herebI arnended as follows: To Table 130-81-1 Schedide of Cpiimiercial/Business,ihidustnal and other Noni^si Signs, Amend: ' Sign Type TC Bl B2 B3 RS 1-1 and 1-2 RD R7.2, R-10, R-12.S > Permitted • > Permitted > Maximum size > Maximum size 35SF 20 SF > Shall hot be > Shall not be located higfier located higher than,or than, or exceeding ten exceeding ten (10) feet; or any (10) feet; or any wall sign that wall sign that projects above projects above . the first floor of the first floor of the structure the structure whichever is whichever is lower lower Wall > Tho total display area of wall siensfor one building shall not exceed an area equal to one and five tenths (1.5) square foot of sign area for each linear foot of building frontage, or ton percent (10%) ofthe total area ofthe ono building fagade upon which tho sign is located, or ono hundred (100) square feet, whichever is'tho lessor. In no instance shall any ono wall sign oxcood fifty (50) square foot > Shall not bo located higher than, or bxcooding fifteen (IS) fcot; or any wall sign that projects aboyo the first floor ofthe structure whichever is lower. > Permitted ! > The Total wall signage shall not exceed ah area equal to one SF of sign area for each linear foot of building ' frontage] or three hundred (300) SF; whichever is lesser. In no instance shall any one sign exceed one hundred fifty (ISO) i 'I > Shall not be located higher than, or exceeding fifteen (15) feet; or any wall sign that projects abpyie the first floor of the strijctur^ whichever is lovver As fiirther amended by Section 4.14 of Town of Erwin Local Law No. 1 of 2017: One exterior wall sign is permitted per business withm a building for each publie thoroughfiire to ^^ch such building is immediately adjapent for a maximum of two exterior wall signs per business within a building where such building is immediately adjacent to two or more pubhc thoroughfiires, with each wall sign having a total display area not exceeding an area equal to one arid five tenths (1.5) square feet of sign area for each linear foot of tho business's building fcontage, or ten percent (10%) of the total area of the business's building J fagade upon which the sign is located, whichever is the liesser. Iri no instance shall any one wall sign exceed fifty (50) square feet with a maximum of orie vyall sign per diiitinct buainoss por ---PAGE BREAK--- building wall.! In no instance shall a sign be placed on the exterior wall ofa business that is not. the business associated with such sign, that is, any exterior wall sign shaU be placed on tho distinct segnient of wall that is directly exterior to the business associated with such sign. To read : Sign Type TC Bl B2 B3 MU RS 1-1 and 1-2 RO R7J,R-10,R.12J Wall > Permitted > A total of two wall signs are permitted per business, one per wall, that is owned or rented by such business subject to the following: •ll t \ ' o No sign shall face, i.e. lorated substantially parallel to, an interstate highway p Each wall sign shall haye.a total display area ofthe lesserof: ' • ' ' I • an area equal to one and five tenths (1.5) : square feet of sign area fbr the linear feet of the facade where siich sign is to be placed ; I • • ; •'tenpercent(10%)ofthetotalareaofthe , fagade upon which sign is to be placed 3 In no instance shall anyjone wall sign exceed fifty ' (50) square feet I 7 Shall not be located higher than fifteen (15) feet on a multi-story building; or located higher than the face of a single-storyj building. > Permitted > The Total wall signage shall not exceed an area equal to one SF of sign area for each linear foot of building frontage, or three hundred (300) SF, whichever is lesser. In no instance shall any one sign exceed one liundred fifty (150) > Shall not be located higtierthan, pr exceeding fifteen (15) feet; or any wall sign that (irojects above tite.first floor of the structure whichever is lower > Permitted > Maximum size 35SF > Shall not be located higher than, or exceeding ten (10) feet; or any wall sigh that projects above the first floor of the structure whichever is ' lower Permitted Maximum size 20 SF Shall not be located higher than, or exceeding ten (10) feet; or any wall sign that projects above the fii-st floor of the structure whichever is lower Section 3. Chapter 130 of the Code of the Town of Erwiri is hereby firrther amended as follows: I j - i Remove the text of §130-81.8.3.a in its entirety and replace with: A rriaximum of three principal site business identification signs (i.e. one fi-eestanding and two wall signs subject to Table 130-81rl) may be displayed on the same lot as the business with whidh they are associated, except for Shopping Malls as described below. Thei remainder! Section 4. EFFECTIVE DATE of § 130-81 .B.3 shall not be modified. This Local Law shall take effect immediately upon filing in the oflBce of the Secretary of State in accordance with section twenty-seven of the Municipai Home Rule Law. ---PAGE BREAK--- CERTIFICATION OF LOCAL LAW (Certification of Town Clerk) 1 hereby certify that the local law annexed hereto, designated as local law No. _2 of 2017 of the Town of Erwin, in the County of Steuben, New York, was duly passed by the Town Board on / / Z/ /L.0I7 in accordance with the applicable provisions of law. I fiirther certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated immediately above. Eve D. Fisher Town Clerk Town of Erwin Date: / 0 ' 03 ,2017 : (Seal) (Certification to be executed by Town Attomey or other authorized Attomey) STATE OF NEW YORK COUNTY OF STEUBEN I, the imdersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law aimexed hereto. David F. English Attomey for the Town Town of Erwin Date: /o/a3/zo /y ---PAGE BREAK--- TOWN OF ERWIN 310 TOWN CENTER ROAD FAINTED POST, NEW YORK 14870 TOWN OF ERWIN FAX: (607)962-3313 WEB: www.erwinnv.org SUPERVISOR David B. Erwin (607) 962-7021 COUNCILMEN Warren Baker Frank Curreri Gary Roush Douglas Cole TOWN MANAGER Rita Y. McCarthy (607) 962-7021 TOWN CLERK Eve Fisher (607) 936-3652 TOWN ATTORNEY David English (607) 936-8647 HIGHWAY SUPT. Daniel Hamilton (607) 962-0821 JUSTICES Ron Yorio Peter Bierwiler (607) 936-3122 ASSESSOR Connie Luckner (607) 936-8913 CODE ENFORCEMENT /BLDG. INSPECTION Douglas Wicks Bryan Hallgren (607) 936-4646 SEWER & WATER El win "Twig" Terwilliger (607) 962-3483 EMERGENCY #911 RECEIVED OCT 0 9 2017 DEPARTMENT OF STATE CERTIFICATE OF TOWN CLERK STATE OF NEW YORK, ) COUNTY OF STEUBEN, ) TOWN OF ERWIN ) 1, EVE D. FISHER, TOWN CLERK OF THE TOWN OF ERWIN, NEW YORK, HEREBY CERTIFY THAT 1 HAVE COMPARED THE RESOLUTION SET FORTH BELOW WITH THE ORIGINAL OF THE SAME DULY ENACTED ON SEPTEMBER 12, 2017. NOW REMAINING ON FILE IN MY OFFICE, AND THAT IT IS A CORRECT TRANSCRIPT THEREFROM, AND OF THE WHOLE OF SAID ORIGINAL. RESOLUTION TO ADOPT THE LOCAL LAW AMENDING CHAPTER 130 ZONING OF THE CODE OF THE TOWN OF ERWIN. MOTION BY: SECONDED BY: DISPOSITION: DOUGLAS R. COLEI FRANK R. CURRERI 5-0 IN TESTIMONY WHEREOF, 1 HAVE HEREUNTO SET MY HAND AND THE SEAL OF THE TOWN OF ERWIN, NEW YpRK, THIS 14™ DAY OF SEPTEMBER 2017. EVE D. FISHER, RMC TOWN CLERK Seal ---PAGE BREAK--- TOWN OF ERWIN REGULAR TOWN BOARD MEETING SEPTEMBER 12.2017 CALL TO ORDER: DAVID B. ERWIN 7:00 PM PLEDGE OF ALLEGIANCE: DAVID B. ERWIN PRESENT: SUPERVISOR DAVID B. ERWIN, TOWN COUNCILMEIi;! GARY B. ROUSH, FRANK R. CURRERI, WARREN W. BAKER, DOUGLAS R COLE, TOWN MANAGER RITA Y. MCCARTHY, TOWN ATTORNEY DAVID F. ENGLISH, TOWN CLERK EVE D. FISHER. AGENDA 1. RESOLUTION TO APPROVE THE MINUTES OF THE AUGUST 8,2017 MEETING. MOTION BY: GARY B. ROUSH SECONDED BY: FRANK R CURRERI DISPOSITION: 5-0 ' 2. RESOLUTION TO APPROVE PAYMENT OF BILLS AS LISTED IN THE ABSTRACT. MOTION BY: WARREN W. BAKER SECONDED BY: FRANK R. CURRERI DISPOSITION: 5-0 3. RESOLUTION TO APPROVE PAYMENT OF BILLS FOR THE COOPERS PLAINS LONG ACRES SEWER EXTENSION PROJECT AS LISTED IN THE ABSTRACT. MOTION BY: FRANK R. CURRERI SECONDED BY: GARY B. ROUSH DISPOSITION: 5-0 ' , 4. RESOLUTION TO RECESS THE MEETING TO CONDUCT A PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 130 ZONING OF THE CODE OF THE TOWN OF ERWIN. ' ' MOTION BY: WARREN W. BAKER SECONDED BY: GARY B. ROUSH DISPOSITION: 5-0 . ; IN ACCORDANCE WITH THE TOWN'S ESTABLISHED PRACTICE, ANYONE WISHING TO ADDRESS THE BOARD ON THIS ISSUE SHALL GIVE HIS/HER NAME AND RESIDENCE ADDRESS, AND EACH .iE»ERSON ADDRESSING THE BOARD SHALL HAVE THREE MINUTES TO MAKE THEIR COMMENTS. SUPERVISOR OPENS THE PUBLIC HEARING® 7:09 PM. , SUPERVISOR CLOSES THE PUBLIC HEARING® 7:10PM. : 5. . RESOLUTION TO ADOPT THE LOCAL LAW AMENDING CHAPTER 130 ZONING OF THE CODE OF THE TOWN OF ERWIN. MOTION BY: DOUGLAS R. COLE .SECONDED BY: FRANK R. CURRERI DISPOSITION: 5-0 6. RESOLUTION IN RESPECT OF THE NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEM, TO ESTABLISH THE STANDARD WORK DAY AND DAYS PER MONTH TO BE REPORTED PER THE ATTACHED RESOLUTION. ' \ I, • , ' MOTION BY: FRANK R. CURRERI SECONDED BY: WARREN W. BAKER DISPOSITION: 5-0 7. RESOLUTION TO ESTABLISH TUESDAY OCTOBER 17, 2017 AT 7:00 PM' IN THE ERWIN TOWN HALL AS THE DATE, TIME AND PLACE FOR A SPECIAL BOARD MEETING PRIMARILY FOR THE PURPOSE OF CONDUCTING A WORKSHOP ON THE 2018 TENTATIVE BUDGET. MOTION BY: GARY B. ROUSH SECONDED BY: FRANK R. CURRERI AMENDMENT TO DATE IN RESOLUTION: TO WEDNESDAY OCTOBER 118™ @ 7PM. MOTION BY: WARREN W. BAKER SECONDED BY: FRANK R. CURRERI DISPOSITION: 5-0 ---PAGE BREAK--- • SEPTEMBER 12,2017 8. RESOLUTION AUTHORIZING THE TOWN MANAGER TO PARTICIPATE IN COOPERATIVE BIDDING CONDUCTED BY THE BOARD OF COOPERATIVE EDUCATION SERVICES OF ONTARIO', SENECA, WAYNE AND YATES COUNTY FOR SUPPLY OF ELECTRICITY PER THE ATTACHED RESOLUTION. MOTION BY: FRANK R. CURRERI SECONDED BY: GARY B. ROUSH DISPOSITION: 5-0 ' X 9. RESOLUTION TO ESTABLISH $210.00 AND $40 PER WEEK RESPECTIVELY AS THE COMPENSATION FOR CLEANING THE TOWN HALL AND TOWN JUSTICE COURT. ; MOTION BY: WARREN W. BAKER SECONDED BY: FRANK R. CURRERI DISPOSITION: 5-0 10. RESOLUTION TO SELL THE FOLLOWING EQUIPMENT IN AN AS IS CONDITION EACH ITEM FOR NOT LESS THAN $500: ' 2001 ALAMO BRUSH HOG MODEL AG-84B 2005 ALAMO BRUSH HOG MODEL AG-84B 1989 FRINK 11 FT. REVERSIBLE PLOW 1996 EVEREST 11 FT. REVERSIBLE PLOW ; 'ii MOTION BY: GARY B. ROUSH SECONDED BY: FRANK R. CURRERI DISPOSITION: 5-0 11. RESOLUTION AUTHORIZING APPLICATION TO THE JUSTICE COURT ASSISTANCE PROGRAM FOR A GRANT NOT TO EXCEED $3,724.00 FOR OFFICE FURNITURE. MOTION BY: FRANK R. CURRERI SECONDED BY: WARREN W. BAKER DISPOSITION: 5-0 ' - . • li' PUBLIC COMMENT IN ACCORDANCE WITH THE TOWN'S ESTABLISHED PRACTICE, ANYONE WISHING TOJ ADDRESS THE BOARD SHALL GIVE HIS/HER NAME AND RESIDENCE ADDRESS, AND EACH PERSON ADDRESSING THE BOARD SHALL HAVE THREE MINUTES TO MAKE THEIR COMMENTS. ' ? NO PUBLIC COMMENTS REPORTS i REPORT FROM THE STEUBEN COUNTY LEGISLATOR GARY B. ROUSH: -THE COUNTY WILL HOLD THE 2018 BUDGET WORKSHOP ON OCTOBER 10, 2017. -THE COUNTY LANDFILL HAS BEEN VERY BUSY. BETWEEN THE CONTRACT WITH KINSELLA WASTE AND THE EXTRA BUSINESS AFTER ALLEGHENY COUNTY CLOSED THEIR LANDFILL, THE COUNTY LANDFILL IS BOOMING. ' LANDFILL IS SO BUSY THAT THEY MAY HAVE TO TURN SOME THINGS AWAY TO STAY WITHIN THEIR PERMITTED LIMIT. 'i . > -EMERGENCY SERVICES IS TRYING TO FIND A UNIFORM RADIO FREQUENCY FOR ALL THE LOCAL EMERGENCY AGENCIES TO SHARE. THE FREQUENCY CANNOT INTERFERE WITH SURROUNDING COUNTIES. ONCE THE . RIGHT FREQUENCY IS FOUND, ALL EMERGENCY SERVICES IN STEUBEN COUNTY WILL BE LINKED UP TO COMMUNICATE WITH EACH OTHER ON THE SAME CHANNEL. THE DOG CONTROL OFFICER'S REPORT FOR JULY AND AUGUST 2017 WAS RECEIVED.. THE ENVIRONMENTAL EMERGENCY SERVICES INC: 2016 ANNUAL REPORT WAS RECEIVED. THE SUPERVISOR'S REPORT OF RECEIPTS AND DISBURSEMENTS FOR JULY 2017 WEREjpRESENTED TO THE TOWN BOARD AND FILED WITH THE TOWN CLERK. ' i