Loading...
HomeMy WebLinkAbout04-05-1978Wednesday, April 5, 1978 Pg, 1 E El L A Public Hearing was held at 7:30 P.1V1, regarding a proposed change -in the electrical code in the Town Public Hearing of Cortlandville. A transcript of this hearing is on file in the Town Clerk's Office. The first Town Board meeting of the month of April was called to order at 7:39 P.M. by - Supervi.6or, call to Nadolski. Other board members present were: Councilman order Warren Manning, Councilman Ray Miller, Councilman Melvin Pierce, and Councilman Ray Thorpe, Others present were: Town Clerk, Pauline Parker, Deputy Town Clerk, Patricia Barber, Town Attorney, John Gardner, Town Justice, Donald Eaton, Town Assessor, Robert Wells, Highway Superintendent, Carl Eaton,_Zoning Enforcement Officer, Don Fowler, Water.and Sewer.Superintendent, Fred Walker, Sr., Legislators, Henry Wadsworth, Shirley Fish and Delmar Palm, Also present-'.,, were Newsreporter Skip Chapman and several town residents, Mr. N. Ross Hall, a resident of the Town of Cortlandville requested that the minutes of the previous Town Board Read Min. meeting be read aloud. This request was made pursuant to the Open Meetings Laws Town Clerk, Pauline Parker read the minutes of the Town Board Meeting of March 20, 1978. On motion of Councilman Manning seconded b Councilman Miller the minute's or the meeting DiVarch 20, 1�7were amended as follows. antes: All Aye. Motion carried. RESOLUTION #jl �C,T?U RESOLUTION #50 OF MARCH 20, 1978 WHEREAS, a date was set for a public hearing to be held at the Town Hall regarding the hook-up fee to be charged the residents of South Cortland to the line in Water District #5. WHEREAS, the Town Attorney advised the board that the public hearing was notnecessary in this case. NOW THEREFORE BE IT RESOLVED, that ReBolution #50, adopted March 20, 1978 is hereby irmft,n&ed On motion by Councilman Miller, seconded by Councilman Manning, the minutes were approved as amended. Votes: All Aye. Motion Carried. CORRESPONDENCE ® TOWN CLERK Rescind Res. #50 Pauline Parker presented three applications for approval of qualifications to do sewer work in the Town of Cortlandvlle. She read these aloud, Mr. Leon Moore of Pleasantview Drive, Sewer Mr. Stanley Cross, Harford, New York and Mr, Theodore McBride, AppliQ. Preble, New York. The applications were not approved at this time, pending further investigation of the qualifications. Motion by Councilman Pierce, seconded by Councilman Manning -that the applications be received and filed. Votes, All aye. Motion carried. CORRESPONDENCE ® SUPERVISOR le Letter from Layne Co. of New York, this letter is a, -,,.,confirmation of the meeting of March 8, 1978. Warranty A one year warranty is i effect on Contratt 10. on Pump With this letter) is a Chr"Ondlogical, report of the happenings involving Well #3. 32 Wednesday, April 5, 1978 Pg. 2 2. A letter from Rowell and Associates dated March 2, 1978, requesting a verification of the size of the opening Tape of in the well -casing in Well #3• Mr. Rowell has referred Well #3 Supervisor Nadolski to the video tape that is available for review by the board members. This tape.has been secured and reviewed by Mr. Nadolski, Mr. John Curtis, Mr. Melvin Pierce and Mr. Robert Wells. 3. A,letter from C.O. Falter Construction Company, Mr. Kenneth Henderson, an employee.of Falter Construction states his opinion regarding the viewing of the video tape of Well #3 on May 12, 1977. Upon motion of Councilman Miller, seconded by Councilman Pierce, all voting aye, these letters were received and filed. 1P. Supervisor Nadolski made reference to a letter dated February 1978 from Mr. Knowles, assistant to Erie Lack. the manager of Erie Lackawanna Railway Co. This Right-of-way letter is in regard to preferential rights -for the Town of Cortlandville to purchase abandoned railroad rights -of -gray located within the town. RESOLUTION .#.52._ _..AUTHORIZATION_._TO...,.NEGOTIATE.. WITH ERIE LACKAWANNA RAILWAY CO. Motion by Councilman Pierce, Votes: All Aye. Adopted. Thorpe, seconded by Councilman WHEREAS, New York State Department of Transportation, pursuant to Section 18 of the Transportation Law.did, on February619, 1978, assign to the Town of Cortlandville the preferential right to acquire that portion of abandoned railroad right-of-way now owned by.Erie Lackawanna Railway Company, extending from Cortland to Cincinnatus, which is the portion located within the municipal limits of the Town, except that portion located within the municipal limits of the Village of McGraw= and WHEREAS, Erie Lackawanna Railway Company, has formally demanded in writing, through New York Sate Department of Transportation, that the'Town properly exercise its preferential right of acquisition within 120 days of receipt of said demand by NYSDOT, be it RESOLVED, that the Supervisor of the Town be, andheherebyis, authorized and directed to pursue negotiations with the railroad for purchase of -said portion of said railroad right-of-way by the Town so that action may be completed before July 8, 1978, at which time the preferential right will lapse; and be it further RESOLVED, that the Supervisor is authorized and directed to negotiate with said railway.,company to purchase said lands for the sum of $39-140.,00.. Supervisor Nadolski apprised the board that an Sib -Div® application has been submitted to the Cortlandville in Hoxie Planning Board for a sub -division of land in the Gorge Hoxie Gorge area. He read a letter from Mr. James Lyng, Director of the University Real Property. SUNY representatives would appreciate being ke t informed of development concerning.any sub -division o land in Hoxie Gorge, as their land would be affected. Motion by Councilman Miller, seconded by Councilman Thorpe, all voting ayet the letter was received and filed. • 0 April 5' 1978 Pg. 3 Supervisor Nadolski read a letter from the law firm of Fitzgerald, Taylor, Fitzgerald and Pomeroy. This letter is a notice of claim - under section.50E of the General Municipal Law. The claim concerns a portion of fence that Ins® Claim was damaged on the property of Mr. Fitzgerald. (prop. damage Mr. Carl Eaton, Superintendent of Highways apprised the board that the matter in question is being pursudd. Attorney, John Gardner advised the board that the claim should be submitted to the insurance company as soon as possible. Attorney Gardner will attend this matter. Motion was made by Councilman Manning, seconded by Councilman Pierce, all voting aye . The letter was received and filed. Supervisor Nadolski apprised the board that a letter of Letter of ® intent has been submitted to Mr. Walter Tennant regarding the reconstruction project at Lime Hollow and Stupke Road intent Res in the Town of Cortlandville. (See minutes of March 1, 1978). Lime Hollow-Stupke RESOLUTION #53 AUTHORIZATION. TO....EXPEND,__$2.5.,.-0.0.0.00 FOR SAFER OFF SYSTEMS PROGRAM. S.O.S. Motion by Councilman Manning, seconded by.Councilman grog® Pierce. Votes: All Aye Adopted, BE IT RESOLVED, that authorization be and it hereby is, given for the expenditure of $25,000.00 for the repair of Lime Hollow and Stupke Road intersection in the Town of Cortlandville. This project is to be funded by the Safer off Systems Program. Upon completion of .the construction, 70% or $17,500 of the cost will be reimbursed by the Federal Government. The Town's share will be 30% or approximately $7,500. The above mentioned cost is a rough estimate and should the actual cost exceed the estimate, the Town will be responsible.for the overrun. .SUPERVISOR NADOLSKI - Re: Water District L Supervisor Nadolski apprised the board that at the time the contract was let for the construction of Water Water #5 District #5, the engineer included in the cost, the existing services from the water main to the valve. Constituents involved in this should be forgiven the cost of this connection, as it has been paid for at the time of construction. Councilman Pierce presented a letter for the board's approval that has been comprised and will be sent to the twenty-three residents of South Cortland that are involved in this matter. Motion was made by Councilman Manning, seconded by Councilman Thorpe that the letter be received and filed. All voting aye, the -motion was carried. RESOLUTION #54 AUTHORIZATION TO FORGIVE TWENTY-THREE .-RESIDENTS OF SOUTH._.CORTLAND . THE COST Water rr`5 ® OF A HOOK-UP TO WATER DISTRICT # 5 Motion by Councilman Manning, seconded by Councilman Thorpe. Votes: All Aye Adopted. WHEREAS, the ordinance constituting the rules and regulations of all water district. -.in the Town provided that the consumer shall pay a fee of $125.00 for an inside meter and $135.00 for an outside meter,for installation of water service from the main to the curb box; and WHEREAS, the Town, has previous to this date, made installation in Water District #5 of 23 Twenty-three water services from the main to the curb boxes for use by adjoining properties; be it RESOLVED, that the Town Board, acting on behalf of Water District #5, does hereby waive the payment Q j! April 5, 1978 pg. to of the full $125.00 or $135,00 fee forgone installation to Fee for each of the properties where said water; service from the S. Cort. main to the curb box has -previous to this date been installed Water#5 by the Town, provided, however, that the applicant shall :pay the sum of $53.39 for the purchase of each water meter. Supervisor Nadolski apprised the board that he has received a letter and maps from the Department of Housing Urban Development regarding flood plain areas -in the Town of Cortlandville. Motion by Councilman Manning, seconded by Councilman Thorpe that the.letter and maps be received and filed with the Town Clerk. Votes: All Aye, Motion Carried. Supervisor Nadolski apprised the board that at the present time the Town of Cortlandville is paying more money than'it is charging for water supplied by the City of Cortland to residents on Tompkins Street and Crestwood Court in the Town. Supervisor Nadolski advised that this matter should be given some consideration by -the board in the near future. No action was taken at this time,, Supervisor Nadolski read a letter dated April 3, 1978 from Mr. Robert Munch, County Supervisor for Farmers Home F.H.A. Administration. Attached to the letter were forms 442-31 and 442-47 for adoption by the Town. RESOLUTION #55 AUTHORIZATION. TO ADOPT LOAN...RESOLUTION- Adopt Res, FORM FmHA 442-47. Upon motion by Councilman Thorpe, seconded by Councilman Pierce, the following resolution was unanimously adopted. RESOLVED, that Loan Resolution, Form FmHa 442-47, pertaining to the sale of $20,000. serial bonds to Farmers Home Administration to finance a portion of the cost of construction of the water supply system of Water District No. 5 of the Town of Cortlandville, be, and the same, hereby is, adopted. RESOLUTION 156_ AUTHORIZATION TO ADOPT FORMS FmHA 442-31 Upon motion by Councilman Manning, seconded by Councilman Miller, the following resolution was un- ,. ianimoLisly adopted. RESOLVED, that Association Water or Sewer System Grant Agreement, Form FmHa 442-31, pertaining to the $50,000.00 grant to be received from Farmers Home Administration to finance a portion of the cost of construction of the water supply system of Water District #5 of the Town of Cortlandville, be, and the same hereby is, approved, and the Supervisor and Town Clerk, be, and they hereby are, authorized and directed, to sign the same and affix the seal of the Town thereto; and be it further RESOLVED, that Association Water or Sewer System Grant Agreement, Form FmHA 442-31, pertainingto the �30,000.00 grant from Appalachian Regional Commission to finance a portion of the cost of construction of the water supply system of Water District #5 of the Town of Cortlandville be, and the same hereby is, approved, and the Supervisor and the Town Clerk,be, and they hereby are, authorized and directed to sign the same and affix the seal of the Town thereto. 1 is n LJ u April 5, 1978 Pg. 5 Supervisor Nadolski apprised the board of the need of a committee to plan youth recreation in the Town of Cortlandville. RESOLUTION #57 AUTHORIZATION TO ESTABLISH A CITIZEW S Youth Rec. ADVISORY COMMITTEE FOR YOUTH RECREATION Motion by Councilman Thorpe, seconded by Councilman Pierce. Votes: All Aye Adopted. BE IT RESOLVED, that the Supervisor is hereby authorized to establish a citizen®s advisory committee for the purpose of conducting the youth recreation activities ® in the Town of Cortlandville for the year 1978. Supervisor Nadolski apprised the board that he has been approached by a Mr. Mike Darling regarding the job l,avvn Mavwi bg of mowing the lawn at the recreational field at Lamont (Lamont) Circle. Mr. Darling is only 13 years of age and the consensus of the board is that he cannot be hired for this position, as he is under age to operate any power equipment and the litility insurance would not cover him in case of an accident. No action was taken on this matter at this time. Councilman Pierce presented a progress report concerning the purchase of an addressograph for use in preparing the Address water bills for the Town. Mr. Pierce will arrange to have machine demonstrations made by various companies so that the board (water) will have comparisons before a final decision is made. bill, Councilman Pierce read a letter that he received from the Neptune Meter Company concerning the conversion of 42 Cubic feet meters to gallon meters. RESOLUTION #58 AUTHORIZATION TO REMOVE FORTY-TWO (42) CUBIC FEET METERS AND HAVE THEM -CONVERTED Remove CF TO GALLON METERS. meters Motion by Councilman Thorpe, seconded by Councilman Manning. Votes: All Aye Adopted. BE IT RESOLVED, that authorization be and it hereby is, given to have forty-two (42) cubic feet water meters removed and sent away for conversion to gallon meters. The cost of each meter will be $37.10, this cost including an outside remote reader. The wire for these meters will be purchased separAtely. RESOLUTION #59 AUTHORIZATION TO PAY AUDITED BILLS FOR MARCH - EXCLUDING VOUCHERS #27 - 42 and 112. Motion by Councilman Thorpe, seconded by Councilman ® Pierce. Votes: All Aye Adopted. 1 BE IT RESOLVED, that audited bills are hereby ordered paid as follows: Wtita c er i tr #5 Generun� Claims Water Dist. #1 Claims Water Dist. #2 Claims Water Dist. #3 Claims Water Dist. #4 Claims 142.88 91 e bP8 $20, 043.65 32 - 42 20,036.18 1 - 2 295.42 3 - 4 310.17 2 - 3 231.10 Highway Fund Claims 50 - 96 8,641P.25 Sewer Dist. #1 26 655.00 The above figures exclude the payment of Voucher #112 General fund - Voucher #27 - Sewer District #1 and Voucher #42 m Water District #1. These voucher are Audit bills being held for further investigation by the board. 36 April 5, 1978 Pg. 6 Zoning Enforcement Officer, Don Fowler presented Zoning a report of the activities of his office for the month report of March. A copy of this report is available for inspection in the Town Clerk's Office. Supervisor Nadolski presented a report of the activities of the office of the Town Justice for the month of February. Justice Report 284 Cases Completed Feb.p$16,070.00 turned over to the State Comptroller in fines and forfeitures. Justice Donald Eaton gave a report of the activities of his office for the month of March. Justice 500 Cases Completed Report Mar® $7,716.15 turned over to the State Comptroller in fines and forfeitures. $2005.00 being held in pending cases. Town Clerk Town Clerk, Pauline Parker presented her report to the Supervisor for the month of March. A copy of her report is report available for inspection in the Town Clerk's Office. Supervisor Nadolski apprised the board that a copy of Super.'s the Supervisor's monthly statement for the month of February report is available for inspection in the Town Clerk's Office. At 9:00 a shortrecess was called. The meeting was recess reconvened at 9:15 P.M. Water And Sewer Superintendent, Fred Walker, Sr., Water & reported that he is now in the process of reading the sewer water meters for the second quarter billing. He also report reported that Mr. Ray Randolph, of Randolph Pump Company has started to work on pump #1 and the work should be completed soon. Motion was made by Councilman Thorpe, seconded by Councilman Miller to accept all reports. VoTess All Aye, Motion Carried, Supervisor Nadolski asked for a progress report on Report the possible formation of a fire district in the Town. fire Town Attorney, John Gardner advised the board that he would district, Prepare an application to be submitted to the D.partment of Audit and Control. Supervisor Nadolski requested that an outline be drawn up and presented to the board at a future meeting. RESOLUTION #60 ADOPTION OF'ORDINANCE AMENDING THE ORDINANCE Amend CONSTITUTING THE ELECTRICAL CODE OF THE electrical TOWN OF CORTLANDVILLE. code Motion by Councilman Pierce, seconded by Councilman Thorpe. Votes: All. Aye Adopted. BE IT RESOLVED, that the ordinance constituting the electrical code of the Town of Cortlandville adopted 6n April 16, 1975 be amended as follows: Section 3, Eiectrical__Inspector. The Chief Inspector, and each of the duly appointed Inspectors of the New York Board of Fire Underwriters and of Atlanctic-Inland, Inc., are hereby authorized and deputized as agents of the Town of Cortlandville to make inspections and reinspections of all electrical installations here- to fore and hereafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Cortlandville. 1 • Section 5• Viblations of this Ordinance It shall April 5, 1978 pgo 7 be a violation of this Ordinance for any person, firm or corportation to install or cause to be installed, or to alter electrical wiring for light, heat or power in or on properties in the Town of Cortlandville, until an application for inspection has been filed with the New York Board of Fire Underwriters or Atlantic -Inland, Inc. It shallbe a violation of this Ordinance for a person, firm or corporation to connect or cause to be connected electiical wiring, in or on properties for light, heat or power, to any source of electrical energy supply, prior to the issuance of a temporary certificate, or certificates of compliance, by the New York Board of Fire Underwriters or Atlantic -Inland Inc. • Supervisor Nadolski apprised the,board that an Office evaluation has been made of the office space at the Town Hall Building at 15 Terrace Road. The Town is, at this space time, experiencing budgetary problems and priorities must be established regarding the utilization of the available office space. Councilman Thorpe presented a recapitulation of the events of the past few weeks in regard to this matter. A memorandum was read regarding the office space now Memo to occupied by the Town Justice Donald Eaton. 'A copy of Justice this memorandum has been attached to and made a`I.part of Eaton these minutes. A letter was read dated March 24, 1978. This letter was sent to Supervisor Nadolski from Justice Donald Eaton. better fr. A copy of this letter has been attached to and made a Justice part of these minutes. F,aton Motion was made by Councilman Miller, seconded by Councilman Thorpe that the letter be received and filed. Votes: All Aye. Motion carried. A lengthy discussion followed the reading of the above correspondence. Supervisor Nadolski apprised the board that a resolution has been drawn up regarding the vacating of the office nowoccupied by the Town Justice. Councilman Thorpe read the resolution, which was Resolution drawn up in the form of an order. The resolution read as follows: ORDERED, that Town Justice Donald F. Eaton, on or before April 1978, shall vacate his office and the primary meeting room in the Town Hall, and shall remove therefrom all of his books, papers, records, furniture and equipment; and be it further ORDERED, that Town Justice Eaton shall hereafter refrain ® from use for court purposes of the primary meeting room in the Town Hall, except with permission of the Supervisor; and be it further ORDERED, that the Town Clerk shall serve a certified copy of this Order personally upon Justice Eaton on or before April 7, 1978, and that in the event Town Justice Eaton does not comply with all of the terms of said Order, that Town Attorney shall forthwith commence the necessary legal proceedings on the part of the Town Board to obtain a court order to compel his compliance therewith. Further discussion was held regarding the establishment of priorities in the utilization of the present office space,,and the meeting room at the Town Hall. April 5, 1978 Pg. 8 Councilman Manning made a motion to table the matter further until a more thorough investigation can be made concerning study the allocation of office space. Motion was seconded by Councilman Miller. The consensus was that the votes be polled. Votess Councilman Miller Aye Councilman Manning Aye Supervisor Nadolski- Aye Councilman Pierce Nay Councilman Thorpe Nay Motion Carried. Highway Superintendent, Carl Eaton requested permission to attend a class for Superintendent's at Cornell University on June 5, 6, and 7th, 1978. SuperintendentESOLUTION #61... AUTHORIZATION FOR HIGHWAY SUPERINTENDENT CARL EATON TO ATTEND SUPERINTENDENT CLASS. class Motion by Councilman Miller, seconded by Councilman Pierce. Votess ..All Aye Adopted. BE IT RESOLVED, that authorization be and it hereby is given the. Superi-fitendent of Highways, Carl Eaton to attend a class at Cornell University, Ithaca, New York on June 5, 6, and 7, 1978. and that all necessary expenses incurred by same, be reimbursed subject to audit by the Town Board. Highway Superintendent, Carl Eaton apprised the board that monies have been appropriated for the purchase of a new wood chipper and a new one ton dump truck for the highway. Mr. Eaton has prepared the specifications and Town Attorney John G.ardner.,will draw them up. RESOLUTION #62 AUTHORIZATION TO SOLICIT BIDS FOR THE solicit bids FURNISHING AND DELIVERY OF ONE NEW 1978 (Dump truck) ONE -TON DUMP TRUCK. Motion by Councilman Miller, seconded by Councilman Manning. Votess All Aye Adopted,' BE IT RESOLVED, THAT the Town Clerk be and she hereby is, authorized and directed to advertise for sealed bids for the furnishing and delivery of one new and unused 1978 one -ton dump truck; in accordance with the specificiation set forth in the information to bidders, and 1 BE IT FURTHER RESOLVED, that sealed bids received will be opened and read aloud by the Town Clerk at 8s00 P.M. on May 3, 1978 at the Town Hall, 15 Terrace Road, Cortlandville, New York. • RESOLUTION #63 AUTHORIZATION TO SOLICIT BIDS FOR THE Solicit bids FURNISHING AND DELIVERY OF ONE NEW AND (wood chipper) UNUSED 1978 BRUSH AND WOOD CHIPPER TO BE MOUNTED ON A TWO -WHEEL TRAILER. Motion by Councilman Miller, seconded by Councilman Manning. Votess All Aye Adopted. BE IT RESOLVED, that the Town Clerk:be, and she hereby is, authorized and directed to advertise for sealed bids for the furnishing and delivery of one new and unused 1978 brush and wood chipper to be mounted on a two -wheel trailers in accordance with the specifications set forth in the information to bidders, and April 5,-1978 Pg. 9 BE IT FURTHER RESOLVED,that sealed bids received will be opened and read aloud by the Town Clerk at 8:00 P.M. on May 3, 1978 at the Town Hall, 15 Terrace Road, Cortlandville, New York. .­SuP6 sor Nadolski apprised the board that he had Sales tax met with the Cortland County Treasurer to discuss the distribution distribution of sales taxes in the future.. Mr. Spencer advised Mr. Nadolski that a meeting should be held with audit and control to investigate the possibilities regarding this matter. No action was taken at this time. Mr. Richard Ferris, a representative of the Cortland Exchange Club, requested the permission of the board for the exchange club to use the Municipal Building at West Road as a possible site for an auction. RESOLUTION #64 AUTHORIZATION FOR THE EXCHANGE CLUB TO USE THE MUNICIPAL BUILDING FOR AN AUCTION. Motion by Councilman Miller, seconded by Councilman Manning. Votes: All Aye Adopted. BE IT RESOLVED, that authorization is hereby given for the exchange club to use the Municipal Building on West Road as a site for an auction to be held on May 19th, 1978, Said auction will be held for the purpose of raising funds for the purchase of a set of "JAWS", a tool used in rescue operations. I There being no further business, upon motion of Councilman Thorpe, seconded by Councilman Pierce,--all',.-goting-ayet the meeting was adjourned at 1OV20 P.M. Respectfully submitted 60,ae/j Deputy Town Clerk E MEMORANDUM DATE: March 7, 1978 TO: Donald Eaton, Justice of the Peace Town of Cortlandville FROM: Stanley Nadolski, Supervisor. - Town of Cortlandville RE: Meeting of Wednesday, March 1, 1978 at 4 P.M. In our discussions, there was common agreement that your position by necessity, will be adjusted in the following manner: (1) The office facility presently occupied in the Cortlandville Town lull will be vacated within a reasonable length of time - approximately one month from the present date. (2) One position of a clerical nature will be sup- ported by town funds in your Justice of the Peace function and this will tare effect imme- diately. (3) Use of primary meeting hall for court purposes Will be utilized one evening/week (Monday) and one afternoon/week maximum. Use of the facility must be scheduled and coordinated through the supervisor's office. (4) As agreed and resolved in a subsequent board meeting your salary will be cut back $1000. This is in deference to the $1600 previously a portion of your salary as a member of the town board. cc Ray Miller Ray Thorpe Melvin Pierce Warren manning I', s fate of PebjPorgy I10Ne DONALD F, EATON LOCAL CRIMINAL COURT - TOWN OF CORTLANDVILLE 15 TERRACE ROAD CORTLAND, NEW YORK 13045 March 24, 1978 Supervisor Stanley Nadolski & Town Board, Town of Cortlandville 15 Terrace Road Cortland, New York, 13045 Res Supervisor Nadolski's memorandum dated March 7, 1978 regarding Town Board meeting of Hednesday, NarPh 1, 1978 at 400 p.m. Gentlemen: I request that this reply to the above mentioned memorandum be read aloud and made a record in the minutes of the nett, Torn Board meeting, which will be held on April 5, 1978. By "our discussions" referred to in the memorandum, I presume you allude to the Supervisor and the Town Board members, as the only part of that discussion I iTas aware of and allowad 'to comment on was item #4, my salary. I T-ras lead to believe that the settlement of my salary was the only purpose of that meeting, First I would like to point out that I have faithfully served the Town of Cortlandville both in the capacity of Toun Justice and Councilman on the Town Boyd for fifteen years. I have a.lwajs held the best interests of the town and its taxpayers in the highest esteem. I cannot help but feel that your proposed "adjustments" in my position will not serve the best interests of the town nor its taxpayers. It will only appease some members of the Town Board of an imagined threat to their leadership. A threat which I do not harbor. My only interest is that the business of the town and of my office be carried out as mandated by law and with the least amount of expense to the taxpayers of our town, Item ##1 of the subject memo requests that "the office facility presently occupied (by me) in the Cortlandville Town Hall will be vacated within a reasonable length of time - approximately one month from the present date" (3/7/78). Yet you make no suggestion as to where this office should be relocated. I wish to advise you, at this time, I have no intention of -vacating the office facility pow used by me and my staff until proper facilities are provided within the confines.of the town -hall for the proper administration of the duties of my office. Proper'facilities must include a fireproof vault within access to mkt office for the storage of my Court records and Court monies received, a copy machine, a courtroom adequate to accommodate the ever increasing case load which comes before my Court, parking facilities to accommodate same, and office space for me.and my staff to facilitate the proper administration of the necessary paper work and files condusive to my job. 1 1i I feel it would be an unwarranted burden on the already over-' burdened taxpayers of this town to provide our Justice Court with another adequate and proper places to conduct its mandated legal business when the space is already available here. I do not feel the taxpayers should be asked to provide more. The meeting room/courtroom, as it now stands, is adequate at this time for holding necessary proceedings providing there are no unnecessary restrictions placed upon my use of the courtroom as set forth in item #3 of subject memorandum. The courtroom is relatively convenient to my office.,. 110 now have adequate parking facilities. The Court xacords which are now Icept in the town's fireproof vault are with- in easy access to my Court when needed. Thera is a copy machine readily available for my use when needed. The only request and change I would suggest is that I be given a larger office within the building as I dis- cussed with Supervisor Nadolski. Our courtroom is one of which we can be very proud. To have anything less would be demeaning to the town and would detract from the dignity of the Court which I have 'o diligently worked to achieve during my tenure of office. Through my efforts the Town of Cortlandville Justice Court is held exemplary in the State of New York by lawyers, judges, the Department of Audit and Control, the Offic€s of Court Administration, the Association of Towns and the State Magistrates Association. It has been my privilege to have been referenced by the Department of Audit and Control and the Office of Court Administration to help other municipalities set up adequate and proper Court records, financial records, and reporting systems, as well as teaching proper judicial procedures. Any honors bestowed upon Isle, I feel, are also bestowed upon our town. Item #2 of subject memorandum states that only "one position of a clerical nature will be supported by town funds in your Justice of the Peace functions and this will take effect immediately",, One clerk, as you propose, would be grossly inadequate to efficiently and timely execute the duties of this office as mandated by the Uniform Justice Court Act of the State of New York. As you knob, the Town of Cortlandville°s Justice Court case load ofcompleted cases for 1977 was 4,860, the largest in the county. This does not include the many cases which came before the Court and were adjourned for some reason or other but still necessitated a great deal of paper work. If you were to consult with the Judicial Conference, the Office of Court Administration and the Department of Audit and Control, they would concur with me that it is humanly impossible for one person and myself to properly record and report the pro- ceedings of such a case load. Even now, with the extra help, I, myself, put in many more than forty hours a week in order to keep pace with my duties and the paper work as prescribed by the laws of New York State. The 1978 budget, as adopted by the Torn Board, already provides for this very necessary extra help and is financed with the use of anti -recession funds. I have not abused the use of extra help. I have only engaged. the services of Mrs. Nobles when absolutely necessary. As to cutting my case load in half as indicated by Mr. Pierce at that meeting on March 1, 1978, 1 have no control over the amount of case load which will be brought before my Court. This is purely jurisdictional and I must, by law, take every case brought before me. My oath of office, which I intend to uphold, permits nothing less. The number of crimes or infractions of the law which will be committed in my jurisdiction cannot be predicted by'anyone. However, each year for the past ten years, with K the exception of one year, the case load in my Court has increased tremend- ously. This Court is looking to a continuation of this trend for the year 1978 as indicated by the case load for the first two months of this year which reflects an increase of 24.4,05' over the same period last year. Thus indicating a need for more help rather than less. Since taming elected office January 1, 1963, I have worked Congenially and effectively -with all the Town Boards to provide the west Possible government and leadership for our town. I have always worked for the best interests of the townspeople and the conservative use of their tax dollars. I will continue to cooperate in this manner Frith the present town officers but feel intimidated and harrassed by the occurrences of the past three months and as exhibited in your memorandums of Maxoh 7, 1978. As an elected town official, I feel that with a spirit of cooperation from all, we can utalize the facilities we now have at the town hall to the best and adequate -use for evoryone concerned and without further expense to the taxpayers of our town. CC- 1. Hon. Robert E© ,Jones District Attorney County of Cortland 2. Hon. Richard J. Bartlett State Administrative Judge Office of Court Administration 3. Michael F. McEneney, Esq, Director, Management and Planning Office of Court Administration lw` Sincerely yours, JUDGE, DONALD F. EATON TOUN Or, CORTLANDVILLE