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HomeMy WebLinkAbout02-02-1983Wednesday, February 2, 1983 7:30 P.M. Page 1 The regular meeting of the Town of Cortlandville Town Board was held at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Nadolski presiding. Board members present were Councilman Manning; Councilman O'Donnell; Councilman Pierce; Councilman Thorpe and Town Clerk, Pauline Parker. Others present were Deputy Town Clerk, June Bradshaw; Justice, Don Eaton; Engineer, Peter Novelli; Zoning Officer, Don Fowler; Confidential Sec'y., Edna Puzo; Historian, Alice Blatchley; Highway Sup't., Carl Eaton; Legislator, Richard Tupper; Newsreporters Dick Camerano and Peter Iglinski. Also present were Ken Andrews and Mr. and Mrs. Dexter Paddock and guest. The meeting was called to order by Supervisor Nadolski at 7:30 P.M.. Letter RESOLUTION # 42 LETTER TO - E. DEXTER PADDOCK E. Dexter Paddock Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the attached resolution shall be presented to E. Dexter Paddock in plaque form, who has resigned from the Zoning Board of Appeals after 21 years of dedicated service. Reading of the minutes were dispensed with as all board members had received copies prior to the meeting. minutes Councilman O'Donnell made a motion, seconded by Councilman Pierce to accept, as written, the minutes of January 5, 1983 and January 17, 1983. All voting aye, the motion was carried. RESOLUTION # 43 AUTHORIZE PAYMENT OF VOUCHERS vouchers Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been audited and shall be paid as follows: GENERAL FUND Vouchers # 17-36 $ 6,716.98 HIGHWAY # - 28 5,069.99 WATER FUND # �-14 2,591.82 SEWER FUND # 3-7 26,592.81 FIRE DISTRICT # 10-20 7,301.01 1 • 1 • 1 TOWN OF CORTLANDVILLE STANLEY T. NADOLSKI, SUPERVISOR 15 TERRACE RD. CORTLAND. NEW YORK 13045 9 (607) 756.6091 CORTLANDVILLE TOWN BOARD. RESOLUTION THE CORTLANDVILLE TOWN BOARD AT THEIR REGULAR MEETING ON WEDNESDAY, FEBRUARY 2, 1983.,-UNANIMOUSLY PASSED THE FOLLOWING RESOLUTI'ON. WHEREAS, E. DEXTER PADDOCK HAS SERVED AS A DEDICATED MEMBER OF THE ZONING BOARD OF APPEALS FROM ,JANUARY 3, 1962 TO JANUARY 1, 1983, NOW THEREFORE LET IT BE RESOLVED, THAT THE CORTLANDVILLE TOWN BOARD DOES HEREBY EXPRESS ITS SINCERE AND DEEP GRATITUDE FOR HIS CONSCIENTIOUS EFFORTS. BE IT FURTHER RESOLVED, THAT THIS RESOLUTION BE SPREAD UPON THE MINUTES OF THE CORTLANDVILLE TOWN BOARD AND THAT A COPY BE GIVEN TO E. DEXTER PADDOCK. STANLEY Ti NADOLSKI, SUPERVISOR TOWN OF CORTLANDVILLE SIGNED THIS SECOND DAY OF FEBRUARY 1983 0 Wednesday, February 2, 1983 Page 2 Those in attendance were given the privilege of the floor. No comments were offered. Alice Blatchley presented the Historian's Annual Report for 1982. Also presented was a slide show on Historian's "Cortlandville, Then and Now" which has been accomplished Annual recently by Mrs. Blatchley. Report RESOLUTION # 44 ACCEPTANCE OF JOHN FOLMER'S RESIGNATION AS TOWN ATTORNEY J. Folmer Motion by Councilman Thorpe Resign. Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that thb 'rbsiknation from John Folmer, Town Attorney, is hereby accepted, with regret and shall be effective on the date a successor is appointed by the Town Board. RESOLUTION # 45 RESCIND RESOLUTION ADOPTED FEBRUARY 3, 1960 - TOWN ATTORNEY Rescind Motion by Councilman Thorpe Res. Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville established and currently maintains the office of Town Attorney, and WHEREAS, consideration has been given to the advantages of discontinuing said office and contracting for legal services, now, therefore, be it RESOLVED, that the Resolution of this Board dated February 3, 1960, establishing the office of Town Attorney pursuant to Town Law Section 20 (2) is hereby rescinded and repealed, and the office of Town Attorney hereby abolished. RESOLUTION # 46 APPROVAL OF RETAINING PHILLIP R. RUMSEY - LEGAL COUNSEL Motion by Councilman Thorpe Retain ® Seconded by Councilman Manning P. Rumsey VOTES: ALL AYE ADOPTED WHEREAS, this Board has abolished the office of Town Attorney, now, therefore, be it RESOLVED, that pursuant to Town Law Section 20 (2) (b) this Board hereby employs and retains the services of Phillip R. Rumsey, with offices at 25 So. Main Street, Homer, New York, to provide such professional services and advice as this Board may require for the balance of the year 1983, on a basis not to exceed the total amount of $ 12,037.50 for the balance of calendar year 1983, and to be paid from A1420.1, and be it further 2 2j Wednesday, February 2, 1983 Page 3 RESOLVED, that the Town Supervisor is hereby authorized to execute a contract with said Phillip R. Rumsey for said services effective February 4, 1983. Councilman Manning made a motion, seconded by file Councilman O'Donnell to receive and file the Historian's Historian's Annual Report for the year 1982. All voting aye, the report motion was carried. Councilman Pierce made a motion, seconded by file Councilman Thorpe to receive and file the Cortlandville fire report Fire Department Annual Report for 1982. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by Councilman Thorpe to receive and file the Justice Depart - file ment Annual Report for 1982. All voting aye, the motion Justice report was carried. Supervisor Nadolski asked for a report on auditing of Town Records. Councilman O'Donnell stated the Fire auditing Department records have been audited and are in order. records Councilman Pierce stated the Water, Sewer and Highway records have been audited and are in order. Councilmen Thorpe and Manning still have to audit the Town Clerk's and Justice records which will be done shortly. Reports of various departments are on the table or reports are available, upon request, in the Clerk's office. A letter was received from Assemblyman Clarence D. Rappleyea, Jr., regarding legislation that would permit permit local governments to give preference to domestic local govern. bidders. Councilman O'Donnell made a motion, seconded to domestic by Councilman Thorpe to receive and file the letter. All bidders voting aye, the motion was carried. A copy Director of letter to Mr. Bill From M. Snyder steel sleeve at the end o Manning made to receive a was carried. of a letter was received from E. Mayo Snyder, Cortland County Planning Department, addressed Lloyd, D & 0 System, regarding installing a on a cattle pass on the Shortline Railroad f Joseph Street and Vernon Drive. Councilman a motion, seconded by Councilman O'Donnell nd file the letter. All voting aye, the motion is • 2 3., Wednesday, February 2, 1983 Page 4 Councilman O'Donnell made a motion, seconded by Councilman Thorpe to receive and file an easement agree- ment for a drainage ditch between (3) three Cortlandville drainage residents to correct a flooding problem in the South ditch Cortland area. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by ® Councilman O'Donnell to receive and file the sewer agreement with the City of Cortland and the Town of sewer Cortlandville. All voting aye, the motion was carried. agreement n LJ A letter was received from Assemblyman Clarence D. Rappleyea, Jr., in regards to collecting the state and local tax on gasoline. The situation has been rectified to insure equitable distribution of these tax recepits toll tax for rural communities. Councilman Pierce made a motion, on gas seconded by Councilman O'Donnell to receive and file the letter. All voting aye, the motion was carried. A letter was received from N:Y.S.E. and Gas listing employees to be called in case of an emergency involving natural gas service in Cortlandville. Supervisor Nadolski apprised the Board he had distributed the list to emergenc3 department heads and personnel. Councilman Pierce made NYSE & G a motion, seconded by Councilman O'Donnell to receive numbers and file the letter. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by Council- man Pierce to receive and file a legal notice from the Cortland County Legislature relating to a quarantine quarantine on dogs in Cortland County which is in effect now until dogs April 15, 1983. All voting aye, the motion was carried. A letter was received from the New York State Office of Parks, Recreation and Historic -Preservation informing the Town that the Cortland County Poor Farm is listed Cort co on the State and National Registers of Historic Places. Councilman O'Donnell made a motion, seconded by Council- poor man Thorpe to receive and file the letter. All voting aye, farm the motion was carried. A letter was received from.E. Mayo Snyder, Director of Planning, regarding a letter he received_fom Gertrude Goldner, Director of Cortland Housing Authority. The letter was in regards to the availability of funding for new funding construction for rental housing for the elderly and moderate for new income families. constr. Legislator, Richard Tupper, advised that because of the economy at the present time, there are many vacant Wednesday, February 2, 1983 Page 5 apartments in the area. It was the consensus of the Town Board that the program was not feasible and requested the Supervisor to advise Mr. Snyder of such. Councilman Pierce made a motion, seconded by Councilman O'Donnell to receive and file the letter. All voting aye, the motion was carried. A notice of order was received from New York State- 30 MPH Department of Transportation regarding the 30 MPH within Bowling Green the Bowling Green, Winkle. -Way and Sleepy Hollow Road area area. When the signs arrive the Highway Sup'.t. will put them up. Councilman O'Donnell made a motion, seconded by Councilman Thorpe to receive and file the notice. All voting aye, the motion was carried. The Town Clerk received a letter from the State of New York Office of the Sate Comptroller advising that Local Law # 1 of 1982 regarding summarizing of ordinances summ. was received and filed on October 12, 1982. Councilman ordinances Manning made a motion, seconded by Councilman O'Donnell to receive and file the letter. All voting aye, the motion was carried. A letter was received from the State of New York Department of Motor Vehicles office of the Commissioner amend regarding amendments to the Vehicle and Traffic Law,on V & T Laws abandoned vehicles. Councilman Manning made a motion, seconded by Councilman Pierce to receive and file the letter. All voting aye, the motion was carried. A discussion was held regarding the New York State Fire Prevention Code, which was adopted by the Board on December 14, 1981. State law mandates that an enforce - Fire Prev. ment officer must be appointed by March 1984. This can Code be done at the Town level, the cost shared with other Towns, or the appointment made at the County level. If nothing is done, the state will take action. An enforcement officer has not been appointed by the Town as funds have not been set aside in the budget. An appication has been made to the state for assistance with funding. No action has been taken at the County level. The chiefs of the Cortlandville Fire Department have written letters and voiced their concern about instances that have occurred relating to fire prevention problems - They could not take any,action nor could the Sheriffs Department as we do not have enforcement means. Three letters received from Cortlandville Fire Chief, Randy Oaks were read. Further discussion was held whereby it was the consensus of the Town Board that the Supervisor should contact the attorney at'the state level and request more information regarding the State Fire Code and enforcement of. Ll • 1 • 1 Wednesday, February 2, 1983 Page 6 Councilman O'Donnell made a motion, seconded by Councilman Manning, to receive and file the three letters file sett. received from Cortlandville Fire Chief, Randy Oaks. All Oaks voting aye, the motion was carried. Ken Andrews, Lamont Circle, asked if the Town would be required to make many costly changes to comply with the state code, as the schools in the area are. State Cod( Zoning Officer, Don Fowler, advised that this is the ® result of the,state "Assembly Code" which will take effect in 1985. Councilman O'Donnell made a motion, seconded by Councilman Thorpe to table.the matter for further study. All voting aye, the motion was carried. I 40 1 The County Health Department recently advised Thomas Keane, 9 Terrace Road, Cortland, New York that he should have connected his septic system into the Cortlandville sewer system. Upon contacting the County Health Depart- ment, he was advised to contact the Town. A letter written by Mr. Keane was read. He advised that financially he could not afford the added cost of connecting to the system. Engineer Novelli advised that Mr. Keane has been paying a quarterly fee charged him based on his water consumption. He also advised that it is the responsibility of the County Health Department to enforce this situation. A discussion followed whereby it was the consensus of the Town Board that an exception could not be allowed and the responsibility belongs to the County. Councilman Pierce made a motion, seconded by Council- man O'Donnell to receive and file Mr. Keane's letter. All voting aye, the motion was carried. letter T.Keane A letter received from Carl S. Eaton, Highway Sup't., was read, advising the Town Board that Robert C. Atkins is advising no longer the Deputy Sup't. effective January 14, 1983. He will be classified as MEO and Mechanic at an hourly Atkins no rate of $ 6.50. longer Dep. Councilman Pierce made a motion, seconded by Sup't Councilmen Thorpe to receive and file the letter. All voting aye', the motion was carried. A letter was received from Carl S. Eaton, Highway Sup't., stating the appointment of Dudly F. Henry to the position of Deputy Sup't., as of January 28, 1983. His established pay rate will be $ 6.82 per hour. Appoint D. Henry Councilman Pierce made a motion, seconded by Council- Dep Sup't man Thorpe to receive and file the letter. All voting aye, the motion was carried. "/ Wednesday, February 2, 1983 Page 7 RESOLUTION # 47 AUTHORIZE SUSAN WEATHERBY TO ENROLL S . Weatherby AT TC 3 AND REIMBURSE FOR COURSE course Motion by Councilman Pierce Seconded by Councilman Thorpe VOTES: ALL.AYE ..ADOPTED BE IT RESOLVED that Bookkeeper, Susan Weatherby, is hereby authorized to enroll at TC3 taking Accounting Principal II - Financial Statements Course, and BE IT FURTHER RESOLVED that upon completion of the course, if her grades are B or better, the cost shall be reimbursed, subject to audit. Engineer, Peter Novelli reported that he has been working on the plans for the reconstruction of Lime Hollow Lime Hollow Road, which is scheduled for this year. He would like to remove the dip in the road and also remove the S curve. To accomplish this the Town will need to purchase some rights -of -way in the area. He suggested a price limit per acre be established. He will present drawings of his proposal at the Special Meeting and also request the Attorney to perpare a resolution regarding cost. A discussion followed whereby concern was expressed regarding the road becoming a speedway upon completion. RESOLUTION # 48 AUTHORIZE SUPERVISOR TO CONTACT THE STATE TO LOWER SPEED LIMIT ON LIME Lower Speed Limit HOLLOW ROAD Lime Hollow Motion by Councilman O'Donnell Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED WHEREAS upon completion of the Lime Hollow Road project, concern has been expressed of excessive speed, therefore BE IT RESOLVED that the supervisor is hereby authorized and directed to contact NYS Department of Transportation and request a reduction of the speed limit on Lime Hollow Road to 45 MPH, upon Completion of the Lime Hollow Road project. RESOLUTION # 49 AUTHORIZE ENGINEER TO DRAW UP WATER SOURCE PROTECTION RULES AND REGULATIONS rules & reg. Motion by Councilman O'Donnell Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED that Engineer Peter Novelli be, and he hereby is, authorized and directed to draw up rules and regulations on the Water Source Protection and present them to the Town Board upon completion. This pertains to the County Ground- water Study and they encourage zoning to restrict develop- ment on the acquifer. 1 C] �I • F1 27- Wednesday, February 2, 1983 Page 8 A discussion was held concerning the storage of toxic waste in our area and also underground and above ground gas tanks. No one is checking these at the County level toxic now, as that position has been vacated at the present waste time. The Town does not have the manpower or the equip- ment at the present time. The Supervisor has received letters from Jim Feuss and Dr. Jacobus relating to this. ® RESOLUTION # 50 AUTHORIZE.ENGINEER TO PREPARE REGULATIONS REGARDING OUR ACQUIFER Motion by Councilman Pierce acquifer Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the engineer is hereby authorized and directed to prepare regulations concerning the storage of toxic waste and hazardous waste in the Town of Cortland- ville to protect our acquifer. RESOLUTION # 51 AUTHORIZE REFUND WATER UNIT CHARGE- GLADYS TERMINE Lotion by Councilman Thorpe refund Seconded by Councilman Pierce water chr. VOTES: ALL AYE ADOPTED WHEREAS Gladys Termine has been charged, via tax collection, the water unit charge on two separate parcels, and WHEREAS it was so determined that there is only one deed, so it should be on one tax bill not two, therefore BE IT RESOLVED that a refund shall be issued to Gladys Termine of $ 31.00, one water unit charge. Supervisor Nadolski stated that all information was given to Audit and Control, also Rappely,e9knd Riford on the Fire Fire District. Hopefully we will become A Fire District Dist. soon. Councilman Pierce made a motion, seconded by Council- man O'Donnell to adjourn the meeting. All voting aye, adjourn the motion was carried. The meeting was adjourned at 9:30 P.M.. R_ezpectfull Submitted, Pauline H. Parker, Town Clerk