HomeMy WebLinkAbout05-06-198355-
Wednesday, May 6, 1983
7:35 P.M. Page 1
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The regular meeting of the Town of Cortlandville Town
Board was held at the Town Hall, 15 Terrace Road, Cortland,
New York with Supervisor Nadolski presiding.
Board members present were Supervisor Nadolski,
Councilman O'Donnell, Councilman Manning, Councilman Thorpe,
Councilman Pierce, Town C1erk,Pauline Parker and Attorney
Phillip Rumsey.
Also present were Zoning Officer, Don Fowler; Justice,
Donald Eaton; Confidential Sec'y., Edna Puzo; Engineer,
Peter Novelli; Legislator, Richard Tupper; Newsreporters,
Dick Camerano and Peter Iglinski and residents Ken Andrews
and Roy Rounseville.
The meeting was called to order by Supervisor Nadolski
at 7:35 P.M..
Supervisor Nadolski gave those in attendance the privil-
ege of the floor. privilege
Ken Andrews, Recreation Committee Chairman, requested of floor
the Town Board to consider another option for rules and
regulations of the Park. Changing a local law is both
lengthly and costly.
Councilman Manning made a motion, seconded by Council-
man O'Donnell to accept the minutes of April 6, 1983 and accept
April 18, 1983, as written. All voting aye, the motion was minutes
carried.
Councilman O'Donnell made a motion, seconded by accept
Councilman Thorpe to accept the Cortlandville Planning Board Pl.Bd.
minutes of March 29, 1983 and April 26, 1983, as received. minutes
All voting aye, the motion was carried.
RESOLUTION # 101 AUTHORIZE PAYMENT OF VOUCHERS
pay
Motion by Councilman Thorpe vouchers
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
BE IT RESOLVED
that the vouchers
submitted
have been
audited and shall be paid as
follows:
General Fund
Vouchers #
124
- 159
$ 13,014.46
Highway
if#
87
- 116
11,507.60
Water Fund
" #
51
- 59
17,641.26
Sewer Fund
#
24
- 34
1,625.72
Fire District
#
51
- 72
5 444.74
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Wednesday, May 6, 1983
Page 2
Roy Rounseville Roy Rounseville, Cortlandville Fire Department member,
privilege of was given the privilege of the floor. He read a letter
floor regarding the cost of a circus permit.
waive RESOLUTION # 102 REQUEST ATTORNEY TO REVIEW ORDINANCE -
circus permit WAIVE CIRCUS FEE - FIREMAN
permi
fee
Motion by Councilman Manning
Seconded by Councilman Pierce
VOTES: ALL'AYE ADOPTED
reports
refuse payment
& inspec. of
bridges
WHEREAS the Cortlandville Fire De artment are planning a
circus on June 10, 1983, for fun raising, and
WHEREAS the cost of the circus permit is $ 25.00, in
accordance with the Town Ordinance, and
WHEREAS the Fire Department, being an official agency of
the Town,have requested exemption of the permit fee, now
and for the future, therefore
BE IT RESOLVED that the Attorney is hereby requested to
review the Ordinance, and advise if the request from the
fireman is permissible, and
FURTHER RESOLVED that upon recommendation of the Attorney,
the Supervisor shall be authorized to advise the fireman.
Reports of various departments are on the table or are
available, upon request, in the Town Clerk's office.
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RESOLUTION # 103 REFUSE STATE INSPECTION OF BRIDGES
AND DENY PAYMENT
Motion by Councilman Manning
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
WHEREAS the NYS Dept. of Transportation proposed to inspect
2 bridges on the Hoxie Gorge Road for a cost to the Town
of $ 110..00, and
WHEREAS per Resolution # 239 adopted December 1, 1982,
Supervisor Nadolski requested more information from NYS DOT,
and
WHEREAS the Town does employ an engineer, therefore •
BE IT RESOLVED that the Town does not wish the state to
inspect the bridges at Hoxie Gorge, nor will we honor a
charge from them at a later date.
Councilman Thorpe made a motion, seconded by Council -
file man O'Donnell, to receive and file the correspondence. All
corresp. voting aye, the motion was carried.
Wednesday, May 6, 1983 Page 3
Supervisor Nadolski read correspondence received Tran.
relating to our new Transient Retail Business Ordinance. Bus. Orli.
The letter from Donald E. Chappell requested that the
Cortlandville Mall be exempt from the ordinance. The letter
from Patrick Shue, property manager of the Cortlandville
Mall, requested the similar.
Supervisor Nadolski advised that he has also received
several phone calls regarding the Transient Ordinance.
A discussion followed whereby the Town Board expressed
concern, as the intent of the ordinance was to protect
the public from those vendors coming in from out of
® state and selling defective merchandise. The mall encourages
merchants to temporarily rent, hoping they will stay.
Councilman Manning made a motion, seconded by Council-
man Thorpe, that all correspondence be received and filed.
All voting aye, the motion was carried.
A letter received from the Cortlandville Historical name
Society was read. They suggested that the Cortlandville park
Park be dedicated as "The Melvin H. Pierce Community Park".
Councilman O'Donnell made a motion, seconded by
Councilman Thorpe, to receive and file the letter. All
voting aye, the motion was carried.
Supervisor Nadolski read a letter from Ken Andrews letter to
directed to Mrs. R.W. Morgan, president Cortlandville irs. Morgan
Historical Society, relating to the naming of Cortland-
ville Park.
Councilman O'Donnell made a motion, seconded by
Councilman Thorpe to receive and file the letter. All voting
aye, the motion was carried.
Supervisor Nadolski apprised the Town Board that the
changes of the Dog Control Ordinance will not take effect
until June 1, 1983 as the state did not change the May
renewals.
Councilman Thorpe made a motion, seconded by Council-
man Manning, that the DL3 Form -Notification of Commissioner -
Local License Fee be receivedand filed. All voting -aye,
the motion was carried.
RESOLUTION # 104 AUTHORIZE MIKE DARLING TO MOW LAWN
Motion by Councilman O'Donnell
Seconded by Councilman Pierce
® VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Town Board -does hereby authorize
the hiring of Mike Darling to mow the lawn at the Lamont
Circle Park, and shall be paid $ 13.00 per mowing, using
his own lawn mower and gasoline.
Dog
Ordi
authoriz(
mow lawn
Wednesday, May 6, 1983
Page 4
RESOLUTION # 105 AUTHORIZE McGRAW SCHOOL DISTRICT TO
voting machine USE VOTING MACHINE
Motion by Councilman Manning
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE.IT RESOLVED that the McGraw School District is hereby
authorized to use the voting machine for their school
elections.
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appoint RESOLUTION # 106 APPOINT JOHN L. BUTTINO AD -HOC MEMBER-
J.L, Buttino CITY OF CORTLAND TV CABLE COMMISSION
Motion by Councilman Pierce
Seconded by Councilman Manning
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that John L. Buttino is hereby appointed
as an ad -hoc member of the City of Cortland TV Cable
Commission, to represent the Town of Cortlandville.
Councilman Pierce requested that Mr. Buttino and
letter to local residents write a letter to Sammons Communications
Sammons and ask that Channel 12 be changed back to WTBS.
invest. RESOLUTION # 107 DIRECT ZONING OFFICER TO INVESTIGATE
complaints COMPLAINTS
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS complaints have been received of areas in the
Town that may be in violation of the Zoning Ordinance,
therefore
BE IT RESOLVED that the Zoning Officer is hereby directed
to inspect the following locations and report to the
Town Board:
Stupke Road - Construction equipment, lumber etc.
Blodgett Mills - near the new bridge, repair work on cars -
several cars
Blodgett Mills - residence of Mr. Hallstead garbage and junk
cars
A complaint was received from Mrs. Sylvia Carter,
•
om lai t Pheasant Run, regarding a band playing in the garage next
heaRun to her, property. They sometimes play late at night.
Councilman Pierce advised that she should contact the
County Sheriff's Department and they will respond and put
a stop to it.
Wednesday, May 6, 1983 t Page 5
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Supervisor Nadolski stated that residents. have asked
about the doors being locked, at the fire station. They locked
wanted to see the Zoning officer. doors at
The zoning officer reported that he locks the doors Fire Stan
when he leaves but he would leave a sign stating he was
not there.
A discussion was held regarding the issuing of recreation
Permits and maintaining a park schedule. The park is park
scheduled to open near June 25th. schedule
RESOLUTION # 108 AUTHORIZE TOWN OFFICERS TO ATTEND
COUNTY PLANNING BOARD DINNER attend
dinner
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Supervisor, Engineer, and members
of the Cortlandville Planning Board and Cortlandville Zoning
Board of Appeals are hereby authorized to attend the
Cortland County Planning Board Dinner on May 11, 1983,
at the cost of $ 9.00 per person, subject to audit by the
Town Board.
RESOLUTION # 109 ADOPTING LOCAL LAW # 1 of 1983 -
AMENDING LOCAL LAW # 1 OF 1981
adopt
Motion by Councilman Manning
Local Lav
Seconded by Councilman Pierce
# 1,183
ROLL CALL VOTE:
ADOPTED
Councilman O'Donnell
AYE
Councilman Manning
AYE
Supervisor Nadolski
AYE
Councilman Pierce
AYE
Councilman Thorpe
AYE
WHEREAS, Local Law No. l for the year 1983, providing for
the amendment of Local Law No. l for the year 1981 to provide
for additional prohibition of certain conduct in park and
recreational areas in the Town of Cortlandville, was introd-
uced at the April 18, 1983 meeting of the Town Board, and
WHEREAS, said Local Law has been in its final form upon
the desks of the members at least seven days exclusive
of Sunday prior to this date, and
WHEREAS, a public hearing -hereon has been held before this
Town Board, after publication of notice thereof as required
by law, now, therefore, be it
RESOLVED, that Local Law No...l for the year 1983 is hereby
passed and enacted in the following form:
Be it enacted by the Town Board of the Town of Cortland-
ville as follows:
SECTION 1. Local Law No..l for the year 1981 is hereby
amended to add the following paragraph immediately follow-
ing the paragraph entitled "BALL GAMES":
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Wednesday, May 6, 1983 Page 6
MODEL AIRPLANES AND GOLF
The flying of model airplanes and the playing or
practicing of golf, including the driving or
hitting of golf balls, are prohibited in any park
or recreational areas, except where specifically
authorized by the Town Board for a special,
organized recreation program.
SECTION 2. This Local Law shall take effect upon
filing with the Secretary of State in accordance with the
provisions of the Municipal Home Rule Law.
transfer RESOLUTION # 110 AUTHORIZE TRANSFER OF FUNDS -WATER DEPT.
funds
Lotion by Councilman Manning
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS funds were in the 1982 budget to purchase equip-
ment for the pumphouse and it arrived in 1983, therefore
BE IT RESOLVED that the Supervisor is hereby authorized
to transfer $ 8,000 from 1982 Water Fund Surplus to F8320.2,
water equipment.
transfer RESOLUTION # 111 AUTHORIZE TRANSFER OF FUNDS-ATTORNEY'S
funds
Motion by Councilman O'Donnell
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
WHEREAS due to conflict of interest, the Town Attorney
could not represent the town in regards to the matter of
Cortlandville Planning Board, Praise Tabernacle Church
and Kathy O'Gorman, therefore
BE IT RESOLVED that the Supervisor is hereby authorized
to transfer $ 1,247.33 from A1355•4, Assessors Contractual,
to A1410.4, Attorney Contractual, to pay Attorney, Robert
E. Jones, who -,represented the Cortlandville Planning Board.
Tab. Ch. Zoning Officer, Don Fowler, reported that Praise
permit Tabernacle Church has applied again for a permit. The
GML has been submitted to the County Planning Department.
Supervisor Nadolski reported that he has.contacted
local banks for information for bonding of proposed sewer
bonding projects. First National Bank of Cortland sent a committment
sewer projects letter which was read.
Councilman O'Donnell made a motion, seconded by Council-
man Pierce, to receive and file the letter. All voting aye,
the motion was carried.
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Wednesday, May 6, 1983
Page 7
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Engineer, Peter Novelli, reviewed the proposed
Polkville sewer project and different options available
with the Town Board. He stated that if the Town Board
wishes to pursue the Polkville sewer project, he would
attempt to have a sewer in place, to coincide with the
opening of the motel in 150 days. However, he advised
that the Town not assume that liability, if the sewer is
not completed before the motel sta-ts operation.
Supervisor Nadolski advised that a sewer cost proposal
has been made to the company building the motel. They
would assume 64% of the bond issue or cost, to install
the sewer lines. A letter has been received from them to
confirm this.
It is anticipated that the remainder of -cost could
be paid by benefit tax, by those in that area.
Due to the time element of the construction of the
motel and the necessary time to obtain easements and receive
bids for the sewer project, the Town has time to review
the situation, and proceed as necessary.
Supervisor Nadolski reported that a petition is being
circulated by Ken Anderson, to request the Town to take
over, or provide sewer service for that area of the
Groton Ave. Shopping Plaza. If this should occur, he
felt the revenue received by benefit tax, would cover the
cost.
Polkville
sewer
In
Sewer
Groton Ave,
Mall
RESOLUTION # 112 AUTHORIZE SEWER CONSTRUCTION FOR Sewer con:
POLKVILLE MOTEL DEVELOPMENT Polkville
Motion by Councilman Pierce
Seconded by Councilman Manning
VOTES: ALL AYE ADOPTED
RESOLVED, that the Town Board, Town Engineer and Attorney
for the Town initiate procedures to allow and provide for
construction of an extension of sewer facilities in the
Polkville area to include the proposed motel site on Route
11 in Polkville, provided that all construction and lease
agreements applicable to the motel project by the Polkville
Motel Development partnership are executed by the approp-
riate parties.
RESOLUTION # 113 AUTHORIZE ENGINEER TO DESIGN GROTON Sewer
® AVE. SEWER PROJECT AND POLKVILLE SEWER const.
PROJECT Groton
Ave.
Motion by Councilman Thorpe
Seconded by Councilman Manning
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Town Engineer is hereby authorized
and directed to design a proposed Groton Ave. Sewer Project
and also a proposed Polkville Sewer Project.
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Wednesday, May 6, 1983
RESOLUTION # 114 AUTHORIZE ATTORNEY TO PREPARE EASE -
attorney MENTS FOR GROTON AVE. SEWER PROJECT
prepare AND POLKVILLE SEWER PROJECT
easements —
Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: *ALL AYE ADOPTED
BE IT RESOLVED that the Town Attorney is hereby authorized
and directed to prepare the easements for the Gi-oton Ave.
Sewer Project and Polkville Sewer Project.
Councilman Pierce made a motion, seconded by Council -
recess man O'Donnell, to recess the regular meeting and convene
to executive session o discuss the matter of litigation.
All voting'aye, the motion was carried.
The following information was received from the
Supervisors office.
Councilman Pierce made a motion, seconded by Council -
adjourn man Thorpe, to adjourn the executive session and reconvene
executive the regular meeting. All voting aye, the motion was carried.
session
RESOLUTION # 115 SETTING DATE FOR A PUBLIC HEARING
Pub.Hear. REGARDING TRANSIENT RETAIL BUSINESS
Tran. Retail ORDINANCE
Ordi.
Motion by Councilman Pierce
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that a public hearing shall be held on
May 16, 1983 at 4:30 P.M. regarding the Transient Retail
Business Ordinance.
Councilman Pierce made a motion, seconded by Council -
adjourn man O'Donnell, to adjourn the regular meeting. All voting
aye, the motion was carried.
Resp ctfulPsub tied,
Pauline H. Parker
Town Clerk
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