HomeMy WebLinkAbout06-06-1984Wednesday, June 6, 1984 7:30 P.M.
approve
minutes
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.
Members present: Supervisor Stanley Nadolski
Councilman Melvin Pierce
Councilman Ray Thorpe
Councilman Edwin O'Donnell
Deputy Town Clerk June Bradshaw
Absent:
Councilman Warren Manning
Town Clerk Pauline Parker
Others present were Attorney, Phillip Rumsey; Assessor,
David Briggs; Engineer Peter Novelli; Zoning Officer, Don
Fowler; Highway Sup't., Carl Bush,:Jr.; Confidential Sec'y.,
Edna Puzo and newsreporter Michael Mittelstadt from Cort-
land Standard and Karen Huxtable.from WKRT.
Also present were Richard Tupper and Ken Andrews.
The meeting was called to otder by Supervisor Stanley
Nadolski at 7:30 P.M..
Councilman Thorpe -made a motion, seconded by Councilman
O'Donnell to accept the minutes of May 2, 1984, as'wri.tten.
All voting aye, the motion was carried.
Planning Councilman Thorpe made a motion, seconded by Councilman
Bd. minutes Pierce to receive and file the Cortlandville Planning Board
minutes of April 24, 1984 and May 29, 1984, as received.
All voting aye, the motion was carried.
RESOLUTION # 112 AUTHORIZE PAYMENT OF VOUCHERS
Motion by Councilman Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT`RESOLVED-that the .vouchers submitted have been audited
payment of and shall be paid as 'follows :
vouchers
General Fund Vouchers # 185-228 $ 34,584.75
Highway # 79-92 22,096.25
Water Fund # 77-92 10,053.01
Sewer Fund # 31-38 15,642.06
Supervisor Nadolski allowed those in attendance the
privilege of the floor.
n
U
•
j
Wednesday, June 6, 1984 Page 2
217,
C]
1
0
Richard Tupper, Lamont Circle, asked if the roads in
Lamont Circle would be swept again this year. He stated
that in the past, the City's stone sweeper was borrowed
to do the job.
Supervisor apprised the Town Board that Lamont Circle
streets are deteriorating very rapidly and should be
worked on soon. He stated that Stupke Road and Allen Drive
are being repaired and repaved now, as they were on the
schedule for this year.
Highway Sup't., Carl Bush, stated he could not make
a decision now to do extensive work at Lamont Circle, as
it would depend on how soon they completed the Stupke Road.
Supervisor Nadolski thought something could be done
as to the sweeping of the Lamont streets. He asked Carl
Bush to check into the sweeping.
sweeping
roads at
Lamont Circl
The March and April 1984 dog,control report was S.P.C.A.
received from the.SPCA. Gouncilman O'Donnell made a motion, report
seconded by Councilman Pierce to receive and file.the
report. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Justice
Councilman Pierce to receive and file the April 1984 report report
from the Justice. All voting aye, the motion was carried.
Reports were received from John L. Buttino of the April
and May meetings with Gable TV Commission. Next month
Supervisor Nadolski will set up a committee regarding
renewing the contract with Sammons. Councilman Pierce made
a motion, seconded by Gouncilman Thorpe to receive and
file the reports. All voting aye, the motion was carried.
A report was received from Highway Sup't., Carl Bush,
regarding the work the highway crew have been doing. He
stated the men are now on a 10 hour work day, four days a
week -which would save the town.money in the long run -.-He
requested that the men get paid for 10 hours on the 4th of
July holiday.
RESOLUTION # 113 AUTHORIZE HIGHWAY DEPARTMENT PAID 10
HOURS ON THE 4TH OF JULY
Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
WHEREAS the town highway dept., commencing June lst., are
now working a 10 hour day, four days a week, for the months
of June, July and August, and
WHEREAS the 4th of July Holiday falls on a Wednesday this
year, therefore
BE IT RESOLVED that the highway dept. is hereby authorized
to be paid for a 10 hour day for the 4th of July holiday.
reports
Cable TV
Holiday
pay
218.
Wednesday, June 6, 1984 . Page 3
Councilman Pierce asked what wastthe procedure if an
Highway emergency situation should occur in regards to,the summer
summer highway schedule. Carl Bush advised that the police
schedule agencies have his phone number to contact him if necessary,
and he would be available.
Councilman O'Donnell stated that he appreciated the
highway reports because it gives a better understanding of
what is being done.
C
Reports of various departments are on the table or
are available, upon request, Zn the Clerk's office.
trailer at Councilman Pierce made a motion, seconded by Council -
recreation man Thorpe to receive and file the Bill of Sale from the
park Cortland County Jaycees, Inc. for one Alma Trailer located
at the recreation park. All voting aye, the motion was
carried.
The trailer shall revert back to the Jaycees if and
when the recreation personnel no longer needs it.
The agreement 'between the Town of Cortlandvi.11e and the
agreement Atlantic Inland, Inc. was received along with their bert-
Atlantic ificate of insurance. They are to be our inspection officer
Inland Inc. for the fire code at a cost of $ 3,200. a year. Councilman
Pierce made a motion, seconded by Councilman Thorpe to
receive and file the agreement and certificate of insurance
from the Atlantic Inland, Inc. All voting aye, the motion
was carried.
A letter was sent to Don Fowler, Zoning OfficEr, from
zoning the Town Attorney,Phillip Rumse
violation P y, instructing him to serve
v Bliss an appropiate notice on Robert L. and Wilma Ann Bliss for
a violation of our zoning ordinance.
Zoning Officer, Don Fowler, reported that a letter has
been sent to.the Bliss's advising them -that the trailer
needs to be removed within 30 days.
Councilman Pierce made a motion, seconded by Councilman
Thorpe, to receive and file the correspondence. All voting
aye, the motion was carried.
County A.letter from the Cortland County Highway Sup't. was
safety read concerning compliance with OSHA and MSHA safety standards •
standards relating to audible back up alarms and personal protective
equipment on highway vehicles.
Councilman Thorpe made a motion, seconded by Councilman
Pierce to receive and file the letter. All voting aye,
the motion was carried.
County Correspondence was received from the county relating to
Self -Insurance the Cortland County Self Insurance Fund -Workers Compensation.
They advised that our portion or cost would increase next
year.
Councilman O'Donnell made a motion, seconded by Council-
man Pierce, to receive and file the letter. All voting aye,
the motion was carried.
Wednesday, June 6, 1984
Page 4
Councilman Pierce made a motion, seconded by Council-
man Thorpe, to receive and file the annual report from the 1983 birtr
NYS Dept. of Health for the number of birth and death & death
certificates filed by the town this year. All voting aye, records
the motion was carried.
Councilman O'Donnell made a motion, seconded by
isCouncilman Pierce, to receive and file a letter from the
Cortland County Economic Development Committee reporting
of their future activities. All voting aye, the motion was
carried.
1
RESOLUTION # 114 AUTHORIZE TRANSFER OF FUNDS -RECREATION
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS
the summer director , . John
Pilat o , has been hired
Recreation
and his
job description includes
extra duties, and shall be
transfer of
paid on
additional $ 200 moiethan
was budgeted, therefore
funds
BE IT RESOLVED that $ 200 shall be transferred from B7140.4
to B7140.1 to cover the salary of the summer recreation
director.
Councilman Pierce made a motion, seconded by Councilman
O'Donnell, to receive and file the letter from Kenneth
Andrews, Recreation Committee Chairman, reporting of recreation
activities. All voting aye, the motion was carried.
Attorney Rumsey reported that he is still researching researching
the vehicle and traffic law relating to junk cars. traffic law
Zoning Officer, Don Fowler reported that he has writtenjunk cars
a letter to the owner of Penguin Trailer Park advising
him to remove all junk cars and a burned out trailer.
A discussion followed regarding enforcement of our
ordinance. Attorney Rumsey was requested to review further
and report to the board at the special meeting of June 18th.
RESOLUTION # 115 AUTHORIZE OPENING OF BIDS -NEW AND USED
® HIGHWAY ROLLER
Motion by Councilman Pierce
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
highway
WHEREAS per Resolution 111, adopted May 21, 1984 the high- roller
way 'sup't. was authorized to advertise for bid a new and bids
used vibratory roller, and
WHEREAS such legal notice has been advertised, therefore
Wednesday, June 6, 1984
Page 5
circus
permit
fireman
BE IT RESOLVED that the bids received for a one new
double drum vibratory roller and one used double drum
vibratory roller, shall be opened and read aloud at the
special meeting on June 18, 1984 at 4:00 o'clock P.M...
RESOLUTION # 116 AUTHORIZE GIRGUS PERMIT TO CORTLANDVILLE-
FIREMAN-NO CHARGE,
Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
WHEREAS the Cortlandville fireman shall hold their annual
circus on June 11, 1984 at the Cortland County Fairgrounds,
and
WHEREAS the fireman have made application for a permit and
have furnished proof of insurance,therefore
BE IT RESOLVED that a permit shall be issued to the Cortland-
ville Fireman, at no charge,.for their circus on June 11,
1984.
RESOLUTION # 117 AUTHORIZE SUBMISSION OF EDA FORMAL
APPLICATION FOR WATER IMPROVEMENTS
Motion by Councilman Thorpe
Seconded.by Councilman Pierce
VOTES: ALL AYE ADOPTED
submit BE IT RESOLVED that the Town Engineer is hereby authorized
EDA and directed to submit a formal application to Economic
application Development Administration (EDA) for funds for the towns
water proposed water system improvement project in the amount of
improvements $ 129, 597 .00 and further
RESOLVED that the Supervisor is hereby authorized and directed
to sign the application..
RESOLUTION # 118 AUTHORIZE SUPERVISOR TO FORWARD -OBJECT-
ION OF THE PROPOSED MILLONZI COMMISSION -
HYDROPOWER ALLOCATION
Motion by Councilman Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
ob,7'ect to WHEREAS The people of Central New York, served by investor-
Millinzi owned utilities, and municipal and cooperative utility
commission - systems have for more than a quarter of -a century depended
hydropower on electricity furnished by the St. Lawrence and Niagara
hydropower projects of the Power Authority of the State
of New York; and
WHEREAS The people of Central New York serviced by these
utilities paid the costs of retiring the bonds for the St.
Lawrence and Niagara hydropower projects of the Power Author-
ity of the State of New York without assistance from the
State or any of its agencies; and
is
•
1
Wednesday, June 6, 1984 Page 6
221.
1
C]
1
C
C
WHEREAS In the Power Authority of the State of New York's
application for the power project at Niagara River, August
20, 1956, the Power Authority stated the purpose of the
pro-ject was to provide power to domestic and rural consumers
to whom the power could be made available economically,
and that the sale of hyrdopower to industry would be a
secondary purpose; and
WHEREAS Other sections of New York State declined to pur-
chase hydropower from the Power Authority of the State of
New York's hydropower projects at Niagara and St. Lawrence
because fossil fuel-denerated electricity was less expen-
sive; and
WHEREAS The people of Central New York who are serviced
by the investor -owned utilities, and municipal and coopera-
tive power systems have an economy which is now dependent
on the ava__lability of the hydropower from the St. Lawrence
and Niagara projects; and
WHEREAS,The loss of the hydropower would create considerable
personal hardships for residential consumers because of
dramatic,increases in residential utility bills by being
forced to replace hydropower with more expensively produced
electricity;.and
WHEREAS The recommendations of the Millonzi Commission did
not take into consideration the fiscal damage which would
be inflicted by the reallocation of significant amounts of
the hydropower currently furnished by the Power Authority
of the State of New York; and
WHEREAS The Millonzi Commission was negligent in not prepar-
ing a fiscal impact statement to advise the Governor of
the damage which would occur if the Commission's recommenda-
tions were adopted; and
WHEREAS Large portions of the hydropower which would be
diverted from the people of Central New York under the Millonzi
Commission recommendations would be furnished to commercial
and industrial customers despite the Power Authority of the
State of New York's pledge in its license application for the
Niagara project that such use would be secondary; and
WHEREAS The Millonzi Commission was dominated by the Power
Authority of the.State of New York through the appointment
of a former trustee of the Power Authority as its Chairman,
and the actions of three senior members of the Power Authority
who sat at the table with panel members during deliberations
of the Commission, and took an active role in the panel; and
WHEREAS Even with the domination of the Power Authority in
the deliberations of the Millonzi Commission, the five to
four vote to accept the majority report cannot be considered
a clear cut mandate for action; and
WHEREAS The Millonzi Commission was used as a litigation
stratagem by the'Power Authority with the -recommendation
that the State Legislature retroactively approve legislation
all.,owing the Power Authority of the State of New York to
charge hydropower customers for non -hydropower projects,
even though such charges were denied in the Auer Decision
rendered by State Supreme Court Justice John Tenney; and
-2-2
Wednesday, June 6, 1984 Page 7
WHEREAS The Power Authority's subsequent decision to include
in its new rate schedule for hydropower customers a charge
for non -hydropower projects is currently being ponte.sted
in the courts; and
WHEREAS The recommendations of the Millonzi Commission
would further expand the powers of the.Power Authority
of the State of New York, which is already virtually
unregulated; now, therefore, be it
RESOLVED That the members of the Town Board of the Town of •
Cortlandville, of the County of Cortland, do hereby pause
in their deliberations and call on the Governor to reject
any and all recommendations of the Millonzi Commission, and
further request that the Governor appoint an independent
body, none of whose members could have -a current, or past
association with the Power Authority of the State of New
York, or could be any currently serving cabinet officer of
the State of New York, with such appointed body to consist
of seven members, three of whom must be current residents of
areas presently served by hydropower from the St-.. Lawrence
and Niagara projects, and that such body prepare and submit
to the the Governor, and Senate Majority Leader, and the
Speaker of the Assembly, an independent fiscal impact state-
ment concerning the consequences of adoption of the recommend-
ations of the Millonzi Commission.
RESOLVED, That a copy of this Resolution be certified by the
Town Clerk and be transmitted to the Governor of the'State
of New York, the Speaker of the Assembly, and the Senate
Majority Leader.
ADOPTED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE IN THE
COUNTY OF CORTLAND, JUNE 6, 1984.
RESOLUTION # 119 AUTHORIZE LETTER REGARDING FUNDING
REDUCTION FOR JOB SERVICES
Motion by Councilman O'Donnell
Seconded by Councilman Thorpe
VOTES: 'ALL AYE ADOPTED
federal WHEREAS information has been received from the local unemploy-
reduction of ment office regarding proposed reduction of federal funds
funds - Job for the New York State Job Service program, therefore
services
BE IT RESOLVED that Supervisor Nadolski is hereby authorized
and directed to forward a letter to the Congressman and
Senators opposing the reduction of funding for the New York
State Job Service program. •
Supervisor Nadolski apprised the Town Board of an option
Ray Alexander purchased in 1965 by the Cortlandville Town Board regarding
property property owned by Ray and Annabelle Alexander, which is
option adjacent to our water wells. The option has since expired.
They have advised that they are selling the property.
A discussion followed whereby it was decided that the
town wished to expand their wells at another location, so
purchasing of that land would not be necessary.
No action was taken.
Wednesday, June 6, 1984
Page 8
712.:, - -
RESOLUTION # 120 AUTHORIZE ISSUANCE OF A TRAILER PERMIT
TO DON AND ROBERTA FRITTS
Motion by Councilman O'Donnell
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
WHEREAS an application for a house trailer permit has been
received and the location has been inspected by the zoning
® officer and approved, and the Cortlandville Planning Board
has approved a subdivision for that location, therefore
BE IT RESOLVED that the Town Glerk is hereby authorized
and directed to issue -a house trailer permit to Don and
Roberta Fritts., upon payment of'the proper fee. Said
trailer to be located on South`Hill Road, R.D.# 1; McGraw,
New York in the Town of Cortlandville.
RESOLUTION # 121 AUTHORIZE ABANDONMENT OF HOXIE GORGE
ROAD
Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
RESOLVED, that it appears to the Cortlandville Highway
Superintendent and the Town Board that a portion of Hoxie
Gorge Road, (namely that portion beginning 0.9 miles
from its intersection with U.S. Route'll and then running
norther-:j,, to the terminus of said road for a distance of
1.12 miles) has not become wholly disused but that it has
not for the last two years been usually traveled along the
greater part thereof, by more than two vehicles daily,
in addition to pedestrians and persons on horseback, and
it is further
RESOLVED, that this Board request the Superintendent of
Highways of the County of Cortland, pursuant to Highway
Law Section 205 (2) to hold a Public Hearing after due
notice, on the question of whether the said Town Highway
shall be qualifiedly abandoned pursuant to said section of
law.
RESOLUTION # 122 AUTHORIZE ABANDONMENT OF KINNEY HILL
ROAD
approve
rit s
Iral er
Permit
abandon
Hoxie
Gorge Rd.
Motion by Councilman Thorpe
® Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
RESOLVED, that it appears to the Gortlandville Highway Super-
intendent and Town Board that the Town Highway known as
Kinney Hill Road and consisting of 0.61 miles has not abandon
become wholly disused but that it has not for the last two Kinney Hill
years been usually traveled along the greater part thereof, Road
by more than two vehicles daily, in addition to pedestrians
and persons on horseback, and it is further
RESOLVED, that this Board request the Superintendent of
Highways of the County of Cortland, pursuant to Highway Law
Section 205 (2) to hold a Public Hearing after due notice,
Wednesday, June 6, 1984
Page 9
on the question of whether the said Town Highway shall be
qualifiedly abandoned pursuant to said section of.law.
RESOLUTION # 123 ACCEPT RESIGNATION OF ENGINEER -
PETER NOVELLI
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell •
VOTES: ALL AYE ADOPTED
resignation BE IT RESOLVED that the Town Board does hereby.accept the
Peter Novelli resignation of Engineer, Peter Novelli, with sincere
regret, effective June 18, 1984.
RESOLUTION # 124 AUTHORIZE_HIRING BERNARD_THOMA.-
CONSULTANT-EDA FORMAL APPLICATION
Motion by Councilman Pierce
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
Hire BE IT RESOLVED that the Town Board does hereby authorize
Bernie Thoma the proposal of Bernard Thoma, with a maximum cost of
EDA applicc. $ 750,00, to work with the Town Engineer in preparing the
application for Economic Development Administration for
water improvements, to meet the deadline of June 21, 1984,
and
RESOLVED that the agreement shall be received and filed.
RESOLUTION # 125 APPROVE SIGNING AND FORWARDING OF
AMENDMENT TO CITY -TOWN SEWER AGREEMENT
Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
amend city BE IT RESOLVED that the Town Board does hereby authorize
and town and direct the Supervisor and Town Attorney to sign the
sewer necessary and forward an amendment to the agreement between
agreement the City of Cortland and the Town of Cortlandville, relating
to the treatment of sewage, and
RESOLVED that the agreement.and letters.shall.be received
and filed.
•
RESOLUTION # 126 ADOPT., POLICIES, RULES AND PROCEDURES
OF THE WATER AND SEWER DEPARTMENT
Motion by Councilman Pierce .
Seconded by Councilman Thorpe
VOTES: ALL -,AYE ADOPTED
rules
etc.
BE IT
RESOLVED that the Town Board does hereby adopt Policies,
Water
&
Rules,
and Procedures of the Water and Sewer Dept. as prepared
Sewer
Dept..
by the
Town Engineer, and
0
Wednesday, June 6, 1984 Page 10
RESOLVED that any changes or comments relating to such shall
be discussed at the June 18, 1984 meeting.
Ken Andrews, Recreation Chairman, discussed with the
Town Board the need of a telephone at the trailer at the
Park during the summer. Supervisor Nadolski will discuss
the problem with the Fire Commissioners.
Ken Andrews, on behalf of the Recreation Committee,
expressed "thanks" to Peter Novelli for all his time put
in at the park. .
RESOLUTION # 127 ADOPTING SUMMER HOURS FOR THE HIGHWAY
,;:.DEPARTMENT _
Motion by Councilman Thorpe
Seconded -by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Highway Dept. is hereby authorized adopt
and directed to work four -ten hour days, Monday thru Highway
Thursday, during the months of June, July and August. Summer
Hours
Councilman Pierce made a motion, seconded by Councilman
Thorpe, to recess the regular meeting and convene to an
executive session to discuss the matter of litigation® All
voting aye, the motion was carried.
The following information was received from the Super-
visor's office.
Councilman O'Donnell made a motion, seconded by Council-
man Pierce, to adjourn the executive session and reconvene
the regular meeting. All voting aye, the motion was carried.
RESOLUTION # 128- -":APPROVE TEMPORARY EMPLOYEE FOR JUSTICE
DEPT.
® Motion by Councilman Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Town -Board does hereby approve a the approve
temporary
hiring of Sherry Davenport, as a temporary employee for the help -
justice dept. for June, July and August, 1984 at a maximum Justice
of 19 hours per week at $ 3.48 per hour, to be paid from Dept.
A1110.1 and as per the Personnel Policy adopted November 15,
1982, temporary employees do not receive fringe benefits.
n')�
r
Wednesday, June 6, 1984 Page 11
It
Councilman O'Donnell made a motion, seconded by Council-
man Thorpe to adjourn the meeting. All voting aye, the
motion was carried.
The meeting was adjourned at 9:10 P.M..
Respectfully submitted,
9A,
June P. Bradshaw, Deputy Town
Clerk
•
1
U
1