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Home My WebLink About03-04-1992198 Wednesday, March 04, 1992 7:00 P.M. TOWN BOARD 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 Deputy Supervisor Raymond Thorpe presiding. Members present: Absent: Deputy Supervisor, Councilman, Councilman, Councilman, Town Clerk, Raymond Thorpe Edwin O'Donnell Theodore Testa Ronal Rocco Pauline Parker Supervisor, Melvin Pierce Others present were: Highway Superintendent, Carl Bush; Town resident, John DelVecchio, and Mr. and Mrs. Charles Seymour from Envirosound Recovery Inc. The meeting was called to order by Deputy Supervisor Raymond Thorpe at 7:00 p.m. He requested all those in attendance to rise and Pledge Allegiance to the Flag. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve as written, the January 8, 1992 and January 22, 1992 Town Board Minutes. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of January 28, 1992. All voting aye, the motion was carried. RESOLUTION #49 AUTHORIZE PAYMENT OF VOUCHERS - MARCH Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #87-99 $10,514.65 General Fund B #12-15 $ 3,820.08 Highway Fund #44-60 $12,529.99 Water Fund #31-38 $17,685.43 Sewer Fund #19- $15,000.00 Capital Projects # 9-10 $ 119.83 The reports of the various departments are on the table for review, and are available for inspection, upon request, in the Town Clerk's Office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a letter from Thomas F. Walsh of Counsel to the NYS Superfund Coalition, Inc. All voting aye, the motion was carried. The letter was in reference to environmental affairs and their concerns in New York State. 1 1 1 19 J. MARCH 04, 1992 PAGE 2 Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a letter from Robert Augenstern, Southern Tier East Regional Planning Development Board, concerning land acquisition at the Cortland Co. Airport and Cortland Team Track. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter from Robert E. Rhodes, Chairman of the City of Cortland Water Board, concerning Cortland Team track. All voting aye, the motion was carried. Their letter expressed concerns about the Aquifer. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter from County Legislator, Nelson F. Wright. All voting aye, the motion was carried. Mr. Wright, as Chairman of the Budget and Finance Committee, sent information explaining the 1% increase in the sales tax to be used solely by the County. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter from Assemblyman Alexander B. Grannis, concerning State Budget Cuts. All voting aye, the motion was carried. The letter advised of pending cuts, or elimination of, state funding for Local Fire Prevention and Building Code Enforcement. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a summary of unpaid subcontractors and suppliers of Piccirilli Bros. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a notice of a Lien on Piccirilli Bros. from Root Bros. This is in reference to labor and materials furnished for the Route 281, Groton Ave, Plaza and Luker Road Project. All voting aye, the motion was carried. The lien was served to the Town toady. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter from Town resident, Joseph E. Ludwig, concerning the Town Board contributing to the Veterans Memorial Park, to be located near the County Court House. All voting aye, the motion was carried. He requested that the Town Board not contribute funds for this program. MARCH 04, 1992 PAGE 3 RESOLUTION #50 TOWN ATTORNEY TO RESEARCH LAW TO DONATE MONIES FOR THE VETERANS MEMORIAL PARK CONSTRUCTION Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Councilman Testa suggested that $1,500.00 be donated for the Veterans Memorial Park, and WHEREAS, the Town Board referred the suggestion to the Town Attorney to research the law in regards to donating monies, and WHEREAS, Deputy Supervisor stated that he felt that any donations should be by individuals who personally want to contribute to the Memorial Park construction, BE IT RESOLVED, that upon approval from the Town Attorney, $1,500.00 will be donated to the construction of the Cortland County Memorial Park being constructed in the City of Cortland. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a report from Niagara Mohawk Power Corp. for street lighting in the Town of Cortlandville. All voting aye, the motion was carried. The information is a comparison report showing costs now, and also the proposed costs after the increase in rates effective July 1, 1992 and the increase effective January 1993. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Annual Report of the Cortlandville Fire District for 1991. All voting aye, the motion was carried. RESOLUTION #51 AUTHORIZE REFUND OF SEWER BENEFIT TAX TO REMP DESTEFANO Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a Sewer Benefit Charge was on the tax bill of Mr. Remp Destefano, 3627 Allen Drive, Cortland, NY in error, and WHEREAS, the matter has been reviewed by Carl Bush, Administrator of the Town Water and Sewer Dept, and confirmed that he does not have sewer services available to his residence, and WHEREAS, Mr. Destefano has paid the 1992 Town and County tax bill and has submitted a request for a refund, therefore BE IT RESOLVED, that a refund shall be issued to Mr. Remp Destefano in the amount of $45.28, a one unit charge. 201 MARCH 04, 1992 PAGE 4 Deputy Supervisor Raymond offered the privilege of the floor to Mr. John DelVecchio. Mr DelVecchio is asking for special consideration for his property located at 4295 North Homer Avenue, Cortland, NY in which he is charged a water and sewer Benefit Tax. The Village of Homer is billing for sewer usage based on $65.95 per dwelling unit, per quarter. Mr. DelVecchio stated that any tax payer in the Village of Homer would pay $37.50 per quarter. The Town of Cortlandville is also charging $346.23 for the Benefit Tax. Mr DelVecchio is asking the Town Board to consider charging him for the Benefit Tax only if he would be allowed to pay the same sewer usage rate as any other taxpayer in the Town of Cortlandville would pay. The second concern Mr DelVecchio has is the Benefit Tax for the Water in the amount of $921.45 which he is charged for 13 units. the water line was put in by Mr Delvecchio at a cost of $35,000. and he feels he should not be charged for this. The third concern is the Benefit Tax reflects an amount that would be assessed to 13 dwelling units. The property does not contain 13 dwelling units, instead it has 12, but has 13 water meters, one of which is a house meter, or used for the laundry room. He would like to know if it is possible to amend the unit amount to 12 instead of 13. Deputy Supervisor, Ray Thorpe will discuss the matter with Town Assessor, David Briggs. No action was taken. RESOLUTION #52 SET DATE FOR A PUBLIC HEARING - AQUIFER PERMIT - ENVIROSOUND RECOVERY INCORPORATED Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Envirosound Recovery Incorporated has submitted an application for an Aquifer Special Permit to locate a mobile thermal unit for on site processing at their location in Polkville, therefore BE IT RESOLVED, that the application shall be referred to the Town Planning Board and the County Planning Board for their review and recommendation, and further RESOLVED, that a Public Hearing shall be held on April 1, 1992 at 7:00 p.m. to review said Aquifer Permit application. RESOLUTION #53 AUTHORIZE HIGHWAY DEPARTMENT TO GO OUT FOR BID FOR CRUSHED LIMESTONE DELIVERY Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Highway Superintendent, Carl Bush is hereby authorized to go out for bid for crushed limestone delivery, and BE IT FURTHER RESOLVED, that bids will be opened on March 31, 1992 at 3:00 p.m.; and award the bid on April 1, 1992 at 7:00 p.m. 202 MARCH 04, 1992 PAGE 5 RESOLUTION #54 AUTHORIZE BUDGET TRANSFER Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer from the following accounts, into A1650.2, a total of $7,220.40 to pay for the cost of the new telephone system. A8160.1 $4,000.00; A8160.4 $ 284.00; A1990.4 $2,936.40 $7,220.40 RESOLUTION #55 OPPOSITION TO PROPOSED STATE WATER Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, there are several bills circulating in Albany which would tax the withdrawal of water in New York State for the purposes of raising funds for water supply protection, and WHEREAS, such taxes would severely impact all public water supplies, both community and non -community, in Cortland County, and WHEREAS, such taxes would result in significantly higher water rates in the Town of Cortlandville, and WHEREAS, Town of Cortlandville is a leader in water supply protection without the drastic expenditures called for in these proposals by the Governor, the NYS Legislature, and Citizens Campaign for the Environment, and WHEREAS, there are no guarantees in these proposals that such tax dollars would by used locally, thus resulting in our water supply protection revenue being sent to other localities, now THEREFORE, BE IT RESOLVED, that the Town of Cortlandville Town Board is on record as opposing the water supply taxes proposed by Governor Mario Cuomo, the NYS Legislature, the Citizens Campaign for the Environment. RESOLUTION #56 DISPLAY PLAQUES OF LELAN AND MILDRED BROOKINS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the plaques for Lelan and Millie Brookins shall be placed in the hallway of the Town Hall. 2o3 MARCH 04, 1992 PAGE 6 RESOLUTION #57 AMEND PERSONNEL POLICY ON VACATION TIME CARRIED TO THE FOLLOWING YEAR Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #137 of June 19, 1991, the Personnel Policy of the Town of Cortlandville was amended in regards to vacations, etc. and WHEREAS, a decision has been made to change the ruling concerning vacations, therefore BE IT RESOLVED, that the Personnel Policy of the Town of Cortlandville is hereby amended concerning vacations as follows: 1. Full-time employees may carry forward a maximum of ten (10) earned vacation days from one anniversary date to the next. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting and convene to an Executive Session in the matter of a personnel problem. All voting aye, the motion was carried. The following information was received from the Supervisor's office: Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the Executive Meeting and reconvene the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:05 p.m. Respectfulli Submitted, & Xw2 Pauline H. Parker, CMC Town Clerk Town of Cortlandville