HomeMy WebLinkAbout12-02-1981Wednesday, December 2, 1981 7:30 P.M. Page 1
The regular meeting of the Tbwn Board of the Town
of Cortlandville was held at the Town Hall, 15 Terrace
Road, Cortland, N.Y. with Supervisor Nadolski presiding.
Board members present were Supervisor Nadolski;
Councilman Edwin O'Donnell, Councilman Warren Manning,
Councilman Ray Thorpe, Town Clerk, Pauline Parker and
Attorney, John Folmer.
Others present were Deputy Town Clerk, June Bradshaw;
Engineer, Charles Feiszli; Assessor, Robert Wells; Zoning
Officer, Don Fowler; Justice, Donald Eaton; Highway Sup't.,
Carl Eaton; Newsreporter, Dick Camerano and residents
Ken Andrews and Dick Tupper.
The meeting was called to order by Supervisor
Nadolski at 7:30 P.M. -
approve Upon motion by Councilman Manning, seconded by
minutes Councilman O'Donnell, the minutes of October 29, 1981,
November 4, 1981 and November 16, 1981, were approved
as written. All voting aye, the motion was carried.
Upon motion by Councilman Thorpe, seconded by
Councilman O'Donnell, the Cortlandville Planning Board
minutes of October 27, 1981 were received and filed.
All voting aye, the motion was carried.
RESOLUTION # 196 AUTHORIZE PAYMENT OF VOUCHERS
Motion by Councilman O'Donnell
audit Seconded by Councilman Thorpe
of bills VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the vouchers submitted have been
audited and shall be paid as follows:
General Fund Vouchers # 461 - 494, $ 7,877.45
Highway # 235 - 250 6,445.93
Water District # 1 # 120 - 133 3,802.51
Water District # 5 # 11 470.00
Sewer District # 1 # 27 - 29 196.73
Reports of various department heads are on the table
or may be seen in the Clerk's office upon request.
Those in attendance were given the privilege of the
floor.
Highway Highway Sup't., Carl Eaton, reported to the Town Board
employees regarding their request to lower the number of employees
in the highway department.
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Wednesday, December 2, 1981 page 2
He has hired one part-time employee to have available
for winter, 5-snow plows 2 men each. Two�.employees are
leaving as of January 1, 1982. He would be willing to try
to eliminate one plow, which would curtail services. He
requested permission to hire part time help in emergency
situations if necessary.
The consensus of the Town Board was that he be
commended for the plan submitted and for him to proceed
with the proposal.
® Sup-ervisor Nadolski reported that $ 62,988.13 has
been received from the County Treasurer for the 3rd. sales tax
quarter of 1981 sales tax distribution. Last year we received
received $ 35,399.21 for the same period. This will
allow a surplus for the 1981 budget which shall be carried
over into the 1982 budget.
The Town Clerk advised that a letter was received
from NYS-DOT regarding our request to lower the speed speed limit
limit on Sleepy Hollow, Winkle Way and Bowling Green. request
They will investigate the matter for that area.
The agreement between the City of Cortland and the Emergency
Water
Town of Cortlandville has been signed and received. This
agreement would allow provision of water to the Town Agreement
in the event-o,'f an emergency or other failure of the
Town's water system.
Councilman Manning made a motion, seconded by
Councilman Thorpe to receive and file the agreement. All
voting aye, the motion was carried.
Supervisor Nadolski apprised the Town Board of a letter
received from.the Denniston Agency, Inc. stating that insurance
insurance in the amount of $ 100,000 has been placed pumper
on the 1981 American LaFrance pumper truck.
Supervisor Nadolski reported on information received
from the County Highway Sup't. regarding the comparison traffic
of traffic counts taken in 1970 and 1977 on various count
roads in the Town. The State DOT annually places traffic
counts on various roads for many different reasons.
The real estate agency that is selling the Wright
property on the West Road has advised that the people Wright
occupying.the trailer there would like to remain until property
spring. The Supervisor will investigate further and
report his findings to the board. Concern was expressed
regarding the heat and water in the buildings during
the winter months.
13 C)
travel
allowance
petition
Mosquito
Creek -
McGraw
Wallace &
Tiernan
contract
Association
of Town's
meeting
Wednesday, December 2; 1981 Page 3
RESOLUTION # 197 AUTHORIZE TRAVEL ALLOWANCE FOR
TOWN OFFICIALS AND EMPLOYEES
Motion by Councilman -Thorpe
Seconded by Councilman Manning
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that Town Officials and Town Employees
on Town business will be expected to submit receipts
for all meals, lodging and travel expense and through
auditikg;. procedures, will be examined to be proper.
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A petition was received from Mr. and Mrs. Phil
Coombs, signed by residents of the North Road, McGraw,
N.Y. regarding the flow and drainage of water in Mosquito
Creek to prevent further flooding.
Councilman Manning made a motion, seconded by
Councilman Thorpe, to receive and file the petition.
All voting aye, the motion was carried.
Supervisor Nadolski apprised the Town Board that
equipment from the Town, Village, County and the State
were used to clean up after the flood. The county is now
negotiating with the federal government to do more
work on Mosquito Creek. 1-1
The Town Board requested the Supervisor to send
a letter to Mr. and Mrs. Coombs to advise them of
what is being done to correct the situation.
RESOLUTION # 198 AUTHORIZE SUPERVISOR TO SIGN
WALLACE AND TIERNAN CONTRACT
Motion by Councilman Manning
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Supervisor is hereby authorized
and directed to sign and pay the service contract,
with Wallace and Tiernan, covering the Town's Cathodic
Protection System for the water tank for the period
of 1/1/82 - 12/31/82, in the amount of $ 327.00.
RESOLUTION # 199 AUTHORIZE TOWN OFFICERS AND EMPLOYEES
TO ATTEND ANNUAL MEETING OF ASSOC-
IATION OF TOWNS
Motion by Councilman Manning
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that Town officers and employees, who have
been authorized by their department head, are hereby
authorized to attend the 1982 Annual Meeting of the
Association of Towns, to be held in New York City Feb-
ruary loth to 17th, 1982 and
RESOLVED that any expenses incurred by same,be reimbursed,
subject to audit by the Town Board.
A LOCAL LAW TO PRESCRIBE AND ESTABLISH REGULATIONS FOR THE PARK
AND RECREATIONAL AREA IN THE TOWN OF CORTLANDVILLE.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE,
NEW YORK, AS FOLLOWS:
PUBLIC MORALS AND WELFARE
PURPOSE
In order to properly safeguard to a reasonable degree the life
and property of the citizens of the Town of Cortlandville and to generally
promote the public health, safety and welfare of the users of park
and recreational area contained wholly within the Town of Cortlandville,
this chapter is incorporated into the Municipal Code of the Town of
Cortlandville and shall be known and cited as "Park and Recreational
Area Regulation - Local Law # 1 of 1981. "
HOURS of OPERATION
Hours of operation will be set by the Town Board or Recreation
Committee.
All park opening times and closing times shall be displayed in
a public place and in a conspicuous manner.
DISPENSING FOOD, DRINK, PERMIT REQUIRED, EXCEPTIONS: SALE of TICKETS
No person shall sell, send or otherwise dispense food or drink
for consideration of whatever manner it would take, in the park or
recreational area, without first obtaining written permission from
the Town Clerk.
Applications for a written permit shall be made in writing to
the Town Clerk on forms to be supplied, upon request, by the Town
Board.
BUILDINGS: USED REGULATED
All buildings existing on park or recreational area property
shall be used by the public for only those uses for which such buildings
are designated. A building for the purpose of this chapter shall
be construed to mean any structure which stands on park or recreational
area property.
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Buildings recognized and designated as shelters are to be used
only for the purposes of picnicing.
CHILDREN
No parent, guardian or other person having charge of caring for
any child, shall permit him to do any act prohibited by this chapter.
DEFACEMENT, INJURY of STRUCTURES, REMOVAL of TREES or SHRUBBERY,
MOVING SEATS or TABLES
No person shall handle, injure, destroy damage or appropriate
to himself trees, shrubs, flowers or other plants growing in the park
or recreational areas; or damage, destroy, deface or appropriate to
himself or anybody else any building, fence, bench table, fireplace,
sign, or other property within the limits of the park or recreational
area. And in addition thereto, there shall be no unauthorized moving
of any property by any person from the place in the park or recreational
area in which the park or recreational area is situated.
SELLING and SOLICITING
No person shall sell or offer for sale any article or thing in
the park or recreational area and no person shall solicit in the park
or recreational area for any purpose whatsoever. The provisions of
this section shall not apply to any person or organization holding
a permit in the park or recreational area authorized by the Town Board
within the provisions of their written permit obtained pursuant to
the provisions of this chapter.
DISORDERLY CONDUCT: HARASSMENT: LOITERING
No person shall do any act or acts which intentionally cause
disruptions of the public peace or are meant to annoy or alarm another
person present in the park or recreational area. Any act or acts
which constitute disorderly conduct, harassment or loitering as defined
by the Penal Law of the State of New York are forbidden under this
section.
DISROBING
No person shall disrobe, or assist, aid, or abet any other person
in disrobing within the park or recreational area, except in designated
places.
CAMPING
No person shall tent, camp or erect or maintain a tent shelter
in the park or recreational area.
WEAPONS and MISSILES
No person shall carry or discharge an air rifle, fire arm, sling
shot or bow and arrow, or throw stones or any other missile within
the limits of the park or recreational area.
BALL GAMES
Any game involving the use of a ball as a baseball, softball,
basketball, or football, but not limited to these examples, shall
be conducted only in those sites of the park or recreational area
specifically authorized and set aside for such purposes.
TRASH DISPOSAL: BURNING
Trash, which is to include all manner of garbage and refuse of
any form or shape whatsoever, shall be disposed of only in those contain-
ers which are appropriately and conspicuously marked for such purposes.
At no time shall there be any burning of trash by the public using
the park or recreational area.
GLASS BOTTLES
There shall not be brought into
any glass containers which are used
or not the liquid is poured from the
For the purposes of this section, a
milk, soda, or beer bottles but not
lly designated as glass containers.
PETS and ANIMALS
the park or recreational area
for consumable liquids whether
glass container before consumption.
glass container is to include
limited to these examples specifica-
There shall not be brought into the park any pet or animals at
any time regardless of the nature of said pets or animals.
VEHICLES and TRAFFIC
All motor vehicles operated within park or recreational area
limits shall be operated in accordance with all traffic signs and
road markings erected on or along the park or recreational area roadways.
No motor vehicles are to be operated on other than established
roadways in the park or recreational area.
Motor vehicles shall stand or be parked only in park or recreational
area locations designated for such purposes.
No person shall operate a motor vehicle within the limits of
the park or recreational area at a rate of speed greater than ten
(10) miles per hour.
For the purpose of this chapter, a motor vehicle shall include
every vehicle propelled by muscular or any other means of power, except
a wheel chair.
OBEDIENCE to POLICE
No person shall refuse or neglect to obey any reasonable direction
of any member of the Police Department performing police duties in
the park.
OBEDIENCE to PARK ATTENDANTS
No person shall refuse or neglect to obey any reasonable direction
of any park attendant, who is performing those duties required in
the operation of the park.
APPLICABILITY of STATUTES, ORDINANCES, PENALTIES and FINES
All the provisions of the Vehicle and Traffic Law of the State
of New York, and of the traffic ordinances of the Town of Cortlandville
and the fines and punishments therein provided and all the provisions
of the statutes of the State of New York and other ordinances of the
Town of Cortlandville and the fines and penalties therein provided,
shall apply to any action, violation, offense or crime committed within
the park or recreational area of the Town of Cortlandville.
PENALTIES
Any person, firm, corporation, or other entity violating any
of the provisions of this local law shall be deemed guilty of a violation
and upon conviction thereof shall be subject to a fine of not more
than Two Hundred Fifty Dollars ($250.00) or to imprisonment for a
period of not more than fifteen (15) days or to both such fine and
imprisonment. Any violation of this ordinance shall constitute disorderly
conduct and the person, firm, corporation, or other entity violating
the same shall be a disorderly person.
If any clause, sentence, paragraph or part of this chapter or
the application thereof to any person, or circumstance shall for any
reason, be adjudged by a court of competent jurisdiction to be unconsti-
tutional or invalid, said judgment shall not effect, impair or invalidate
the remainder of this chapter and the application of such provision
t4other persons, or circumstances, but shall be confined in its operation
to the clause, sentence, paragraph or part thereof, directly involved
in the controversy in which said judgment shall have been rendered
and to the person or circumstance involved. It is hereby declared
to the legislative intent of this body that this chapter would have
been adopted even had such invalid provision not been included.
This local law shall take effect from and after the day of
acknowledgement received from the Secretary of State,
Wednesday, December 2, 1981
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RESOLUTION # 200 ADOPTION OF LOCAL LAW # 1- CORTLAND- Local
VILLE PARK AND RECREATION AREAS Law #1
Motion by Councilman Thorpe
Seconded by Councilman Manning
Roll Call Vote:
Supervisor Nadolski - AYE
Councilman O'Donnell - AYE
Councilman Manning - AYE
Councilman Thorpe - AYE
Councilman Pierce - ABSENT ADOPTED
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Wednesday, December 2, 1981
Page 5
Supervisor Nadolski attended a meeting Monday at
Smith Corona. They advised that an extended holiday
SCM shutdown would occur and also an indefinite layoff of
lay off 500 employees, consisting of 425 hourly wage earners
and 75 salaried employees.
The management are preparing information to forward
to local official, asking them to contact congressman,
etc. to attempt to stop dumping of foreign made type-
writers in the U.S..
RESOLUTION # 201 RESCHEDULE MEETING OF DECEMBER 14,1981
Motion by Councilman Thorpe
Seconded by Councilman Manning
VOTES: ALL AYE ADOPTED
Special BE IT RESOLVED that the Special Meeting scheduled for
Meeting Monday, December 14, 1981 at 4:00 P.M. is hereby cancelled
and
RESOLVED that a Special Meeting shall be held on Monday,
December 14th at 7:30 P.M. for a public hearing regarding
a variance for Riverside Motel; auditing bills; discuss
the recreation program; and adoption of a fire code.
Supervisor Nadolski apprised the board that we need
Muni Bldg to make ar.rangerlents with the Fire Commissioners regarding
maintenance maintaining the Municipal Building.
A discussion followed whereby it was decided that
leasing of the building would be best with certain con-
ditions and responsibilities by the Fire Commissioners.
The Supervisor will .proceed further with the matter.
Fire The Fire Commissioners will hold there annual election
Commisioner on December 8, 1981 at the Town Hall. -
Elections
A meeting has been requested by Mayor Hart, City of
Cortland, regarding signing the sewer contract. The
Sewer Supervisor requested members of the board to attend also,
Contract if possible.
Supervisor Nadolski apprised the town board that the
Village of McGraw has not received their contract yet.
A discussion followed whereby it was the consensus
of the board that we should wait until McGraw has their
contract, and everyone meet at the same time.
Supervisor Nadolski advised that it will not be
year necessary to have another meeting at the end of the month
end to close out the books for 1981. That procedure can be
meeting done at the regular January board meeting according to
a recent conversation with an auditor.
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Wednesday, December 2, 1981
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Mr.. Ken Andrews, Lamont Circle, suggested the news issues of
media publish in advance, issues to be discussed at BD. meetings
Board meetings. He felt this would encourage public in- put in paper
put and participation.
Mr. Dick Tupper, Lamont Circle, asked if letters
or comments from this board, would be sent to the proper
channels to discourage the abandonment of the railroad
as Conrail has proposed.
Supervisor Nadolski will be attending a meeting
this week and will bringinformation back to the Town
Board.
Abandonment
of railroads
Councilman O'Donnell made a motion, seconded by
Councilman Manning, to, recess the regular meeting and recess
convene to executive session in the matter of a personnel regular
problem. All voting aye, the motion was carried. meeting
Councilman Thorpe made a motion, seconded by Council-
man O'Donnell, "to adjourn the executive session and
reconvene the regular meeting. All voting aye, the adjourn
motion was carried. No action was taken. executive
session
Councilman Thorpe made a motion, seconded by
Councilman O'Donnell to adjourn the regular meeting. All adjourn
voting aye, the motion was carried.
The meeting was adjourned at 9:55 P.M..
Respectfully submitted,
fr.
lrY
Pauline H. Parker
Town Clerk