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Home My WebLink About07-10-1985Wednesday, July 10, 1985 7:30 P.M. PUBLIC HEARING LOCAL LAW NO. 2 FOR 1985 A Public Hearing was held at the Town Hall, Town of Cortlandville at 7:30 P.M. concerning proposed Local Law No. 2 for 1985 providing for written notification of defects and obstructions on Town highways and sidewalks in the Town of Cortlandville. • Members present: • Supervisor Stanley Nadolski Councilman Edwin O'Donnell Councilman Warren Manning Councilman Ray Thorpe Councilman Melvin Pierce Town Clerk Pauline Parker Others present were Attorney, Phillip Rumsey; Assessor Da -rid Briggs; Confidential Sec'y, Edna Puzo; Legislator, Del Palm and Newsreporter, Paul LaDolce. The Public Hearing was opened by Supervisor Nadolski at 7:30 P.M. The Town Clerk read the legal LEGAL NOTICE TOWN,OF CORTLANDVILLE LOCAL LAW NO. 2 FOR YEAR 1985 Notice is hereby given that a public hearing will be held before the Supervisor and the Town Board of the Town of Cortlandville, Cort- land County, New York at the Town Hall, 15 Terrace Road, Town of Cort- landville, New York on July 10, 1985 at 7:30 o'clock p.m. concerning proposed Local' Law No. 2 for the Year 1985, .providing for written notification of defects and obstructions on town highways and sidewalks in the Town of Cortlandville. Dated: July 3, 1985 Pauline H. Parker, Clerk Town of Cortlandville 15 Terrace Road Cortland, New York 13045 157-1t notice as follows: Attorney Rumsey explained the purpose of the law. A law suit could not be brought against the Town for personal injuries or property damage resulting from defects or obstructions on town highways, bridges and sidewalks unless the Town had received prior written notification and it failed to correct the problem within a reasonable time period. There being no further comments or questions from those in attendance, Councilman Thorpe made a motion, seconded by Councilman O'Donnell to adjourn the public hearing. All voting aye, the motion was carried. The hearing was closed at 7:35 P.M. M 1 :7 1 is 1 Wednesday July 10, 1985 7:30 P.M. REGULAR MEETING The regular meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Stanley Nadolski presiding Members present: Supervisor Stanley Nadolski Councilman Edwin O'Donnell Councilman Warren Manning Councilman Melvin Pierce Councilman Ray Thorpe Town Clerk,Pauline Parker Employees present were Attorney, Phillip Rumsey; Assessor, David Briggs; Confidential Sec'y., Edna Puzo; and Code Enforcement Officer, Max Sammons. Others present were Legislator, Delmar Palm and News - reporter, Paul LaDolce. A Public Hearing was held concerning Local Law No. 2 for the year 1985 concerning written notification of defects and obstructions on town highways and sidewalks in the Town. Supervisor Nadolski called the meeting to order at 7:35 P.M. Supervisor Nadolski requested the minutes of June 5, 1985 to be corrected as follows: Resolution # 121 — the approve date for the school of Justice Fowler should read July 29 — minutes August 2, 1985. Councilman O'Donnell -made a motion, seconded by Council- man Manning, to approve the minutes of June 5, 1985, as corrected and the minutes of June 17, 1985, as written. All voting aye, the motion was carried. Councilman Thorpe made a motion, seconded by Councilman Pierce to receive and file the Co rtlandville Planning Board minutes of May 28, 1985 and June 25, 1985. All voting aye, the motion was carried. RESOLUTION # 132 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been audited approve by the Town Board and shall be paid as follows: vouchers General Fund Vouchers #263 — #305 $ 11,690.18 Highway #131 — 155 51,769.61 Water Fund # 87 — 97 10,519.47 Sewer Fund # 31 — 37 11,246.66 Supervisor Nadolski allowed those in attendance the privilege of the floor. No comments were offered. raj P Wednesday, July 10, 1985 page 2 Councilman O'Donnell made a motion, seconded by Donald Eaton Councilman Thorpe to receive and file retired justice, final justice Donald F. Eaton's final report for the period of January report 1, 1985 to May 31, 1985. All voting aye, the motion was carried. Councilman Pierce made a motion, seconded. by report A� Councilman Thorpe, to receive and file the SPCA report for June 1985. All voting aye, the motion was carried. Supervisor Nadolski apprised the Town Board of receiving a comprehensive report from Warren Eddy, Library Cortland Free Director of the Cortland Free Library. Also received was Library a written invitation to the Town Board to schedule a visit report to the library. Councilman O'Donnell made a motion, seconded by Councilman Pierce to receive and file the library corres- pondence. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by County Youth Councilman O'Donnell, to receive and file a statistical Problems report of Cortland County Youth Problems for the years of report 1980 - 1983 which was received from the Cortland County Youth Bureau. All voting aye, the motion was carried. Supervisor Nadolski will contact the County Youth Bureau for further clarification. Reports of various departments are on the table for review. or are available, upon request, in the Clerk's office. Councilman Manning made a motion, seconded by increase cost Councilman O'Donnell, to receive and file the letter insurance from Assemblyman Rappleyea regarding the increase of cost for insurance coverage to municipalities. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by Ultrapower Councilman O'Donnell, to receive and file the correspondence sent to Ultrapower Inc. from the Cortland County Planning Dept. All voting aye, the motion was carried. The letter referred to our zoning regulations and their desire to build a generating plant in the Town. Councilman Manning made a motion, seconded by water Councilman Pierce to receive and file a letter from Leland pollution Flocke, Regional Water Pollution Control Engineer of the NYS-DEC regarding pollution occurring in the Tioghnioga River. All voting aye, the motion was carried. A letter was read concerning a violation of the Town Zoning Ordinance that was written to Mr. Paul ,Stupke from zoning Zoning Officer, Massimo Sammons. violation Councilman 0' Donnell made a motion seconded by PaulStupke Councilman Thorpe to receive and file the letter. All voting aye, the motLono,_ was carried. 8 A 1 • 1 L� 1 Wednesday, July 10, 1985 Page 3 Supervisor Nadolski apprised the Town Board that we had submitted a voucher to the County in regards to the STOP -DWI Program. Our voucher reported 227 cases and we received payment for 185 cases. The County Attorney was contacted for a definition of a case. He explained that each time a ticket was issued, it is considered a case. More information is forthcoming from the County. A discussion was held regarding the Cortland County Self -Insurance Program. RESOLUTION # 133 AUTHORIZE SUPERVISOR TO REQUEST COUNTY TO BASE SELF-INSURANCE RATING ON EXPERIENCE Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED STOP -DWI WHEREAS the County has advised us that our cost will be County Self - increased for the self-insurance program as they want to Insurance establish a reserve fund, which is necessary to continue, Program and WHEREAS at the present time the program is set up to charge all municipalities -based on their total assess- ment, and WHEREAS for 1986 they will base the premium due on 50% assessed valuation and 50% experience rating, and for 1987, and thereafter, it will be based on 40% assessed valuation and 60% experience rating, therefore BE IT RESOLVED that the Supervisor is hereby authorized and directed to fort^.'c.'1: Ci a letter to the Cortland County Self -Insurance Program encouraging them to continue after 1987 to base their premium on experience rating and less on assessed valuation, as this would encourage more safety prodedures. RESOLUTION #134 ACCEPT RESIGNATION OF JUNE BRADSHAW -Motion by Councilman_ O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that the -Town Board does hereby accept the resignation of June P. Bradshaw, as Deputy Town Clerk, to be effective July 5; 1985, with regret. RESOLUTION # 135 RECEIVING PERMIT RENEWALS - ALCOHOLIC BEVERAGE LAW Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that notices have following stating that they are in accordance with the Alcoholic Stop-N-Go Foods, Inc. 312 Tompkins St. Cortland, NY 13045 been received from the renewing their permits Beverage Control Law: Hess Mart Inc. 4075 West Rd. Cortland, NY 13045 resignation JuneBradshaw alcohol permits 861 Wednesday, July 10, 1985 Page 4 Councilman Manning made amotion, seconded by NY Telephone Councilman Pierce to receive and file a protest for assessment review of the Special Franchise Assessment for the New protest York Telephone Co. All voting aye, the motion was carried. RESOLUTION # 136 ADOPTION OF LOCAL LAW NO. 2 FOR 1985 - PROVIDING FOR WRITTEN NOTIFICATION OF DEFECTS AND OBSTRUCT- IONS ON TOWN HIGHWAYS AND SIDEWALKS • IN THE TOWN OF CORTLANDVILLE Motion by Councilman 0' Donnell Seconded by Councilman Pierce #2c1985al aw VOTES: ALL AYE ADOPTED BE IT ENACTED by the Town Board of the Town of: Cortlandville as follows: SECTION 1. No civil action shall be maintained against any town or town superintendent of highways for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed . unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the town clerk or town superintendent of highways, and there was a failure or neglect within a reasonable time after he__. giving of such notice to repair or remove the defect, danger or obstruction complained of; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or.t�own superintendent of highways and there was a failureAM cause such. snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. SECTION 2. The Town superintendent of highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received by him pursuant to this Local Law and Subdivision 2 of Section 65-a of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this local law and subdivision 2 of section 65-a of the Town Law, to be presented to the Town Board within five days of the receipt thereof or at the next succeeding town board meeting whichever shall be sooner. SECTION 3. This local law shall supersede in its application to the Town of Cortlandville subdivisions 1 • and 3 of Section 65-a of the Town Law. SECTION 4. This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of Section 27 of the Municipal Home Rule Law. Councilman Manning made a motion, seconded by Councilman revised Pierce, to receive and file the information regarding the zoning revised Town of Cortlandville zoning ordinance. All ordinance voting aye, the motion was carried. Received copies of the G.M.L., the Statement of 1 E u 'I Wednesday, July 10, 1985 Pge 5 Intent and Purpose of Proposed Action and the short Environmental Assessment form (E.A.F.), submitted to the Cortland County Planning Board. Supervisor Nadolski apprised the Town Board that all requirements have been met to date. We have held two informational hearings. The Zoning Officer shall send copies of the legal notice to the surrounding towns of the forthcoming Public Hearing, as required by law. RESOLUTION # 137 SET DATE FOR PUBLIC HEARING - REVISE ZONING ORDINANCE Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that a Public Hearing shall be held on August 7, 1985 at the Cortlandville Town Hall at 7:30 P.M. for the process of adopting the revised zoning ordinance of the Town of Cortlandville. There being no further business, Councilman O'Donnell made a motion, seconded by Councilman Manning, to adjourn the meeting. The meeting was adjourned at 8:05 p.m. pe ct full-s,bmitt e d , Pauline H. Parker Town Clerk