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HomeMy WebLinkAbout05-06-198355- Wednesday, May 6, 1983 7:35 P.M. Page 1 1 .7 1 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 56 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. 11 • 1 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. • 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 r-I L 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": M1 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. �l Li 40 1 Wednesday, May 6, 1983 Page 7 61 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. 62 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 II • 1 • 1