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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