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Home My WebLink About12-20-1995115 �' DECEMBER 20, 1995 TOWN BOARD MEETING 5:00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at 5:00 p.m. at the Town Hall, 3577 Terrace Road, Cortland, New York with Supervisor Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman Ronal Rocco Others present were: Town Attorney, John Folmer; Town Assessor, David Briggs; Town Engineer, Hayne Smith; Town Bookkeeper, Marcia Hicks; Town.Typist, Edna Puzo; Town residents, Vicky Boyle of Page Green Road, Cynthia Hering of Lamont Circle with Bov Scouts, Jarrett Hering and Edward Barry Jr.. RESOLUTION #214 AUTHORIZE PAYMENT OF VOUCHERS DECEMBER Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #580 - 618 $36,080.51 General Fund B 169 - 174 $ 7,134.95 Highway Fund DB 483 - 501 $30,079.22 Water Fund 316 - 336 $20,333.56 Sewer Fund 185 - 187 $ 137.13 Capital Projects 68 - 69 $27,899.55 Supervisor Thorpe reported that he has met with local members of S.H.A.P.E., the organization working with the County Sheriffs Dept. to prohibit parking in spaces restricted for handicapped parking and fire lanes. He has also contacted County Attorney, John Ryan for an interpretation of the County's Local Law regarding this. He will review their program and discuss this with our Town Attorney, Attorney Folmer reported that he has been contacted but more information is forthcoming. Supervisor Thorpe reported of a situation regarding water leaking into a home on Lamont Circle. After many have investigated, it appears as if this has occurred when lines were installed. The Highway Supt, Carl Bush, has contacted the Towns insurance company to see what, if any, coverage is available. Litigation may occur. Supervisor Thorpe reported that through the budget process, additional funds, totaling $75,000.00, were approved for the Water reserve fund, and submitted with the 1996 Budget of the Town. This was to be collected via the benefit tax process. This request was submitted by Water & Sewer Supt., Carl Bush and has been questioned by Town Engineer, Hayne Smith. He has requested them to present their views to the Town Board. Because the • 1 11 DECEMBER 20, 1995 TOWN BOARD MEETING PAGE 2 county has scheduled the printing of our 1996 tax rolls tomorrow, a decision must be reached tonight. He reported that the Towns Bookkeeper contacted NYS Audit & Control, regarding this, last fall and has contacted them again for conformation, upon his request. He requested her to report her findings. Town Bookkeeper, Marcia Hicks, reported that she was advised by NYS Audit & Control, that this procedure is permissible, and explained. There is a resolution dated April 01, 1981, where the Town dissolved the ® existing water and sewer districts and consolidated them into one district. The new procedure for improvement districts is different, and is under Section 209q of Town Law. This allows for reserve funds and collection via the benefit tax. Water & Sewer Supt., Carl Bush, reported that each improvement project is usually bonded and extra monies need to be placed in the reserve fund for unexpected problems. The only way to accomplish this is through the benefit tax process. Limits were discussed. Town Engineer, Hayne Smith, stated that $15,000. has been collected, each year, for the reserve fund. Should we put in for such a large increase in one year? He expressed concern for calculating the rates for future bonded projects. Supervisor Thorpe reported that comparison of the rates from 1995 to the presented 1996 rates are; the water rates are increased and the sewer rates are decreased. Combined, the 1996 rate, as presented, is down by $1.27. The Town Clerk presented copies of last years tax bills to show the comparison of costs to property owners for the water and sewer benefit tax, and the cost of the Town Tax. For comparison, some copies showed the cost of those that have more than a one unit charge of the benefit tax, based on road frontage. The usual time limit for bonding of water and sewer projects are 20 years. The Bookkeeper reported that the current water reserve fund is $138,209. and sewer is $169,242. A discussion was held by those in attendance relating to the issue. RESOLUTION #215 AUTHORIZE 1996 BUDGET AS ADOPTED AND PRESENTED TO REMAIN AS SUBMITTED Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 1996 Budget, as adopted and presented to the county, shall remain as submitted. Supervisor Thorpe allowed Privilege of the Floor to those in attendance. Jarrett Hering of Lamont Circle introduced himself and friend, Edward Barry Jr. They are members of Boy Scout Troop A and are in attendance tonight, as required to earn a badge. They were welcomed by Town Board members and given a copy of the Town Board agenda. Vicky Boyle of Page Green Road, addressed the Town Board, regarding the zoning violations of the Gerald Darling property on Page Green Road. Her understanding was, as a result of the hearings, his property was found 1Z58 DECEMBER 20, 1995 TOWN BOARD MEETING PAGE 3 to be in compliance, and adjourned in contemplation of dismissal. This is difficult for her to accept. She reported that eight, abandoned vehicles, still remain on the property in question. These can be seen without going on the property. Ms. Boyle stated that there is a State Law, NYS Junk Vehicle Ordinance, which limits a property owner to one unregistered vehicle. If Cortlandville's Ordinance is unable to accomplish, should we use the State's law. Town Attorney, John Folmer, reviewed the decision made in Court. He will discuss this matter with Town • CEO, Bruce Weber, and report his findings at the next meeting. Reports for the month of October and November 1995 of the Town Justice, are on the table for review, and filed in the Town Clerk's Office, Supervisor Thorpe reported of the fund raising for Blodgett Mill Park. Contributions have been received in the amount of $3,050.00. Other commitments have been received. After the holidays, Councilman O'Donnell will follow through with making contacts. Attorney Folmer reported on the following: Drug and Alcohol Testing Policy: The Federal Government has enacted a statue that states a Drug and Alcohol Policy be adopted by January 1, 1996. The County has adopted a. policy. He recommended we adopt the same policy. The policy can be amended at a later date, as a group has, been formed by our local Town's and Village's Highway Supt's to deal with discipline measures. Copies were distributed to the Town Board for review. RESOLUTION #216 ADOPT DRUG AND ALCOHOL TESTING POLICY FOR THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Omnibus Transportation Employee Testing Act is a new law required by the Federal Government, and must be in order by January 1, 1996, therefore BE IT RESOLVED, the Town Board does hereby adopt the Drug and Alcohol Testing Policy for the Town of Cortlandville, effective January 1, 1996. RESOLUTION #217 AUTHORIZE TOWN ATTORNEY TO ATTEND NYS BAR ASSOCIATION MEETING IN NY CITY IN JANUARY 1996 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Town Attorney, John Folmer requested permission to attend the NYS Bar Association Meetings, as on their agenda are programs relating to the Town, therefore DECEMBER 20, 1995 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the Town Attorney is hereby authorized to attend the NYS Bar Association meetings, to be held in New York City in January 1996, and RESOLVED, the expenses incurred by same, shall be reimbursed, subject to audit by the Town Board. Adult Entertainment Ordinance: Planning Board will meet and review ordinance on December 27, 1995. Establish Turn -On fee for Water Dept: This request will need an amendment to the Town's Water Ordinance. He requested Water Supt, Carl Bush, to review and set a specific fee then he will draft an ordinance amendment for review by the Board. Railroad Crossing, Loope Road: Expect to have a reply from Judge Loomis soon. RESOLUTION #218 AUTHORIZE CHANGE ORDER FOR THE MID TOWN SEWER IMPROVEMENT PROJECT Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, Change Order No. 2 has been submitted by the Town Engineer for the Mid -Town Sewer Improvement Project, therefore BE IT RESOLVED, the Town Board does hereby approve Change Order No. 2 in the amount of $9,514.42 and the contract with Masciarelli Construction is hereby amended. RESOLUTION #219 AUTHORIZE SELLING OUT DATED COMPUTER EQUIPMENT TO TOWN EMPLOYEES FOR $20.00 PER UNIT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, offices of the Town have updated computer equipment, and a trade-in value was not accomplished, and WHEREAS, outdated computers were taken to auction in Lansing last fall and the Town received $12.50 each for the base, monitor and keyboard, and ® WHEREAS, employees of the Town have requested to purchase the equipment, therefore BE IT RESOLVED, the Town Board does hereby authorize selling of the outdated computers, consisting of base, monitor and keyboard for $20.00 each. RESOLUTION #220 SET DATE FOR A PUBLIC HEARING FOR AN AQUIFER PERMIT REQUEST OF NANCY AMBROSE - COMMONS AVENUE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Special Permit has been submitted by Nancy Ambrose for construction of IG O DECEMBER 20, 1995 a one story office referred to the therefore TOWN BOARD MEETING PAGE 5 building at Commons ave, and has been Town and County Planning Boards, BE IT RESOLVED, a Public Hearing shall be scheduled for January 03, 1996 at 7:00 p.m., as required. RESOLUTION #221 AUTHORIZE PROPOSAL OF RESOURCE ASSOCIATES FOR ENGINEERING SERVICES • FOR THE WATER AND SEWER EXTENSION FOR COMMONS AVENUE Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, Resource Associates has submitted a proposal to contract with the Town for engineering services for the extension of the Town's water and sewer lines at Commons Avenue, as requested by the Town Engineer, therefore BE IT RESOLVED, the Town Board does hereby authorize the proposal, as presented in the amount of $1,750.00. Councilman O'Donnell requested an explanation of a check the Town received for mortgage tax fees. When a new mortgage is filed, a portion of the monies collected are returned to the Town. Another fee is collected of which a portion goes to the Records Management Program (Sunshine Law). Supervisor Thorpe reviewed the Town Board meeting process for the Boy Scouts in attendance. Many questions were heard from the Scouts. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion is carried. Resp ctfully� submit ed, Pauline H. Parker, CMC Town Clerk Town of Cortlandville •