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Home My WebLink About12-05-19842�j 1j' Wednesday, December 5, 1984 7:30 P.M. 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 Warren Manning Councilman Ray Thorpe Councilman Melvin Pierce Councilman Edwin O'Donnell Town Clerk Pauline Parker Others present were Attorney Phillip Rumsey; Justice, Donald Eaton; Deputy Town Clerk, June Bradshaw; Assessor, David Briggs; Bookkeeper, Susan Weatherby; Confidential Sec'y., Edna Puzo; Zoning Officer, Don Fowler and Leg- islator, Del Palm. Also present were Bernard Thoma, Ken Andrews and Richard Tupper.. The meeting was called to order by Supervisor Nadolski at 7:30 P.M.. Councilman Manning made a motion, seconded by Council- man Thorpe, to approve the minutes of November 7, 1984 and approve November 19, 1984, as written. All voting aye, the motion minutes was carried. Councilman Pierce made a motion, seconded by Council- P1ng.Bd. man O'Donnell)to receive and file the Cortlandville Planning minutes Board minutes of October 30, 1984, as received. All voting aye, the motion was carried. RESOLUTION # 222 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman O'Donnell Seconded by Councilman Thorpe ® VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been audit audited and shall be paid as follows: bills General Fund Vouchers # 520 - 551 $ 9,050.69 Highway # 198 - 211 38,665.77 Water Fund '° # 165 - 170 711.92 Sewer Fund # 83 - 85 22,667.71 Wednesday, December 5, 1984 Page 2 Supervisor Nadolski gave those in attendance the privilege of the floor. Consultant, Bernie Thoma, explained to the Town Board HUD Grant the matter concerning an application which could be made explanation to HUD for a comprehensive grant instead of a single of purpose grant. This would address an area of the Town which needs housing and public facilities improvements and then tying in a Town- wide Economic Development Loan Program. He advised that if this was their desire, it would be necessary to do survey work and determine the target area. The Blodgett Mills area was mentioned. He advised that the application should be made in the near future if the Town wanted to consider making application. Employment status is one of the factors considered. Due to Smith Corona laying off their workers and closing plants, the timing is appropiate. Reports of various departments are on the table or are available, upon request, in the Clerk's office. .A letter was received from the N.Y.S. Department of NYS Job Labor thanking the town for supporting the N.Y.S. Job Service Sery ices agency during the Spring of 1984. Councilman Manning made a motion, seconded by Councilman Thorpe to receive and file the letter. All voting aye, the motion was carried. Councilman Pierce made a motion, seconded by Council- man Manning to receive and file a letter received from Blodgett Congressman Boehlert responding to a letter Supervisor Mills creek Nadolski sent him, regarding a Blodgett Mills resident who has a creek that flows through his property and causes flooding problems. Congressman Boehlert has contacted Soil and Conservation Service and will advise as soon as he has heard from them. All voting aye, the motion was carried. Supervisor Nadolski reported that he met with Tom Pitts today and there appear to be funds to repair the creek. McGraw Councilman Pierce made a motion, seconded by Council - sewer man Thorpe to receive and file the sewer agreement with contract the Village of McGraw dated December 19, 1983. All voting aye, the motion was carried. Supervisor Nadolski apprised the Town Board of a bulletin received from the Planning Board in Binghamton. 1 • 1 • 1 Wednesday, December 5, 1984 P1ge 3 9a He read a portion containing the results of the 1980 1980 census census. A very large number of people have migrated from migration New York State and Rhode Island to Florida and California. Supervisor Nadolski stated this was a very serious problem. man OCBonneimah!Pier ce mae�e. a m tion,. secoridt .b Council- county to receive and file a copy of the Cortland mortgage ta. County Legislature Resolution # 498 regarding paying the monies apportionment of mortgage tax monies. All voting aye, the motion was carried. Councilman Thorpe made a motion, seconded by Council- 1985 county man O'Donnell to receive and file Cortland County Legis- equalizatior lature e b1: 1t1bn,, #`525,1, "Estbblishlong 0 _ ,.anty EC aliz'tion rates Rates". All voting aye, the motion was carried. A lengthly discussion was held regarding assessment assessment updating. It was the consensus of those in attendance update that it should be done county wide, by the county, but this is remote. At the present it is causes inconsistency. Legislator, Del Palm, could do this is to adopt be presented to the voters 75%. Many municipalities of this. How the program problem. being done by each town which advised the only way the county a charter. This would have to and approved by a majority of do not want to lose their control would be funded is also a major Councilman Thorpe made a motion, seconded by Council- man Pierce to receive and file the Cortland County Legislature Resolution # 496, "Authorization to Apply 1985 Sales Portion of Town of Cortlandville area outside Villages Tax S.Ales and Use Tax to the Reduction of the County Tax Levied Against Said Area". All voting aye, the motion was carried. A discussion was held concerning street lights in the town street ® Town and the cost of the program. A moratorium was adopted lighting by this board several years ago. Different options were discussed by the board. RESOLUTION # 223 TABLE DISCUSSION - STREET LIGHTING IN THE TOWN Motion by Councilman Pierce Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED 3 4 .�., Wednesday, December 5, 1984 Page 4 BE IT RESOLVED that Resolution # 46 adopted March 7, 1979 placing a moratorium on street lighting shall remain and further discussion of the matter shall be tabled until the February 6, 1985 meeting. A discussion was held concerning an inspection fee to be charged for sewer installations. Attorney Rumsey reported that a fee schedule is not included in the new ordinance. This can be adopted by board resolution. • RESOLUTION # 224 AUTHORIZE SUPERVISOR TO PREPARE FEE SCHEDULE FOR SEWER INSTALLATIONS Motion by Councilman Manning fee schedule Seconded by Councilman O'Donnell sewer installations VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Supervisor is hereby authorized to prepare a fee schedule, for sewer installations in the Town, for review by the Town Board, and RESOLVED that such matter shall be tabled until the February 6, 1985 meeting. RESOLUTION # 225 ADOPT LOCAL LAW # 3 FOR 1984-EARLY RETIREMENT INCENTIVE PROGRAM Local Law #3 Motion by Councilman Manning Early Retirement Seconded by Councilman O'Donnell Incentive Program VOTES: ALL AYE ADOPTED WHEREAS, Local Law # 3 for the year 1984, Electing A Retire- ment Incentive Program As Authorized By Chapter 665, Laws of 1984 for Eligible Employees of the Town of Cortlandville, New York, was introduced at the October 3, 1984 meeting of the Town Board, and WHEREAS,, a public hearing thereon has been held before this Town Board, after publication of notice thereof as required by law, now, therefore be it RESOLVED, that Local Law # 3 for the year 1984 is hereby passed and enacted in the following form: A LOCAL LAW ELECTING A RETIREMENT INCENTIVE PROGRAM AS • AUTHORIZED BY CHAPTER 665, LAWS OF 1984 FOR ELIGIBLE EMPLOYEES OF THE TOWN OF CORTLANDVILLE, NEW YORK. Be it enacted by the Town Board of the Town of Cortlandville as follows: 1. The Town of Cortlandville hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 665, Laws of 1984. 2. The commencement date of the retirement incentive program shall be February 1, 1985. Wednesday, December 5, 1984 Page 5 3. The open period, during which eligible employees may retire and receive the additional retirement benefit, shall be ninety -(90) days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be funded over a five year period. The amount of the annual payment in each of the five years shall be determined by the Actuary of the New York State Employees" Retirement System, and it shall be paid by the Town of Cortlandville for each employee who received the ® retirement benefits payable under this local law. 5. This act shall take.effect immediately upon the filing thereof in the Office of the Secretary of State. RESOLUTION # 226 ACCEPT ROBERT C. ATKINS NOTICE OF RETIREMENT Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that the letter from Robert C. Atkins, Robert Atkins Town Highway employee, stating his intentions to retire retirement on February 9, 1985 is hereby received in accordance with Local Law # 3,of 1984, Attorney Rumsey reported that he has been advised elected that elected officials are not eligible for the early officials retirement incentive program. Their reasoning was elected retirement officials usually work part time and part time employees are not eligible. Justice, Donald Eaton, had stated by his letter to the Town Board, which was received and filed in October, 1984 of his desire to retire in May of 1985 under the early retirement incentive program. He advised that he will contact the NYS retirement system for further information. His is an elected position, but is a full time position. Justice Eatons name did appear on the list received from the NYS retirement board. Supervisor Nadolski stated that he will contact the remaining employees whose name appeared on the list received from the state, advising them of their eligibility for retire- ment. RESOLUTION # 227 AUTHORIZE SUPERVISOR TO SIGN LEASE AGREEMENT WITH CORTLANDVILLE FIRE DISTRICT COMMISSIONERS AND THE TOWN Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED ray L) Wednesday, December 5, 1984 Page 6 Municipal BE IT RESOLVED that the Supervisor be, and he hereby is Bldg. lease authorized and directed to sign the agreement between the 18 years Town and the Board of Commissioners of the Cortlandville Fire District, and BE IT FURTHER RESOLVED that the lease will be an 18 year and 8 months agreement, which shall expire on May 21, 2003, and RESOLVED that the lease agreement be received and filed. • RESOLUTION # 228 AUTHORIZE SUPERVISOR TO SIGN AMBULANCE CONTRACT FOR 1985 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED .Ambulance BE IT RESOLVED that the Supervisor is hereby authorized Contract and directed to sign;the 1985 contract with Hayes Ambulance 1985 Service, and RESOLVED that the contract shall be in the amount of $ 4,887.00, and such payment shall be paid in one installment. RESOLUTION # 229 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE NEW SANDER AND PLOW AND WING Motion by Councilman O'Donnell purchase Seconded, by Councilman Thorpe highway VOTES: ALL- AYE ADOPTED equipment BE IT RESOLVED that the Highway Sup't. is hereby authorized to purchase one new sander and one new plow and.wing, and RESOLVED that the cost of each shall not exceed $ 4,900.00, which is below the bid limit. Supervisor Nadolski apprised the Town Board that he NYs Insurance has contacted the NYS Insurance Fund to obtain a price. They quoted a price of $ 13,896.00. We were advised by Mr. Larkin, at the county level that our cost for 1985 would be $ 20,000. They had also been contacted by the County, They advised that nothing could be done for the year 1985. • Councilman O'Donnell made a motion, seconded by Council- man Thorpe, to table the matter until next fall. All voting aye, the motion was carried. RESOLUTION # 230 AUTHORIZE SUPERVISOR TO SIGN WALLACE AND TIERNAN CONTRACT Wallace & Motion by Councilman Manning Tiernan Contract Seconded by Councilman O'Donnell 985 Co 1ntr VOTES: ALL AYE ADOPTED 3 Wednesday, December 5, 1984 Page 7 BE IT RESOLVED that the Supervisor is hereby authorized and directed to sign the contract with Wallace and Tiernan, covering the Town's Cathodic Protection Service, and RESOLVED that the cost is $ 408.00 for the year of 1985. RESOLUTION # 231 AUTHORIZE FUNDING FOR HOLIDAY ON ICE PROGRAM ® Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS a request has been received from the Cortland Holiday on Youth Bureau in regards to their annual Holiday On Ice Ice program program, and WHEREAS the budgeted amount is $ 170, and they have requested $ 175.00, therefore BE IT RESOLVED that the Supervisor is hereby authorized and directed to forward $ 175.00 to the Cortland Youth Bureau to allow Town residents to participate in the Holiday on Ice program. RESOLUTION# 232 AUTHORIZE TOWN OFFICERS AND EMPLOYEES TO ATTEND MEETINGS OF ASSOCIATION OF TOWNS Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that Town officers and employees, who have Assoc of been authorized by their department heads, are hereby Towns authorized to attend the 1985 Annual Meeting of the Assoc --meeting NY City iation of Towns, to be held in New York City, February 17, 18, 19 and 20, 1985, and RESOLVED that any expenses incurred by same, be reimbursed, subject to audit by the Town Board. RESOLUTION # 233 AUTHORIZE USE OF MEETING ROOM - ® _ DECEMBER 27, 1984 Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that Paul Kurtzman is hereby authorized to authorize use the meeting room on December 27, 1984 at 11:00 A.M. to meeting use show a film sponsored by Smith School to the boy scouts' as nothing appears on the calendar for that time. Wednesday, December 5, 1984 Page 8 1985 DCO Contract RESOLUTION # 234 AUTHORIZE 1985 DCO CONTRACT - SPCA Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED WHEREAS the SPCA has agreed to serve as the DCO for the Town of Cortlandville for 1985, but has requested the following changes in the 1985 contract: 1. Minimum contract price guarantee of $ 9,000.00 2. Hours of opening more flexible. 3. Emergency services dependent on County funds. 4. Eliminate of 30 day termination notice. 5. Amend Cortlandville Ordinance to provide mandatory fine. WHEREAS the requests were reviewed by the Town Board, therefore BE IT RESOLVED that the Town Board does hereby authorize the supervisor to sign the 1985 DCO contract with the SPCA making the following changes, providing they are acceptable by the SPCA: 1. Pay the SPCA all money generated by the dog control program, as was done in 1984, and will agree to adding to the 1985 contract, minimum guarantee of $ 9,000. 2. Shall permit their hours to be more flexible, as requested. 3. Does not apply to the Town. 4. Retain the 30 day termination notice. 5. The request for the Town Ordinance to be amended to Provide a mandatory fine be tabled for the present,- and'hold meetings in the near future, which would include everyone involved, to discuss the problems, to make for better working.arrangements. A discussion was held concerning the new Veterans Veterans Exemption Law. It was the consensus of this board that Exemption the new law proposed by the state is unfair. Something should be done for the Korean and Vietnam Veterans such as an income tax adjustment or another alternative. Putting the exemption on property tax is not fair as all veterans do not own property. Hopefully all municipalities recognize this, which would force the state or federal government to review this matter again. RESOLUTION # 235 ADOPT LOCAL LAW # 2 FOR 1984 - NO CHANGE - VETERANS EXEMPTIONS Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED • 1 Wednesday, December 5, 1984 WHEREAS, Local Law # 2 for the year 1984, Veterans' Real Property Tax Exemption of Section 458-a of the Real Property Tax Law, was introduced at the October 3, 1984 meeting of the Town Board, and WHEREAS, a public hearing thereon has been held before this Town Board, after publication of notice thereof as required by law, therefore be it RESOLVED, that Local Law # 2 for the year 1984 is hereby adopted as follows: ® A LOCAL LAW NOT TO HAVE THE EXEMPTION OF SECTION 458-a OF THE REAL PROPERTY TAX LAW APPLY TO THE TOWN OF CORTLAND- VILLE Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1. Pursuant to the authority of Subdivision 4 of Section 458-a of the Real Property Tax Law, the Town of Cortlandville elects not to have the exemption of such Section 458-a apply to the Town. SECTION. 2. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. Councilman O'Donnell made a motion, seconded by Council- man Pierce, to recess the regular meeting and convene to 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 Pierce, to adjourn the executive session and reconvene regular meeting. All voting aye, the motion was carried. RESOLUTION # 236 AUTHORIZATION TO RETAIN BERNARD THOMA Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that Bernard Thoma is hereby authorized authorize Bernie Thom and directed to make application for a Community Development HUD Grant Block Grant for 1985 for the Town of Cortlandville. Councilman Thorpe made a motion, seconded by Councilman O'Donnell to adjourn the regular meeting. All voting aye, the motion was carried. Wednesday, December 5, 1984 Page.10 The meeting was adjourned at 9:45 P.M.. Respectfully submitted, Pauline H. Parker, Town Clerk • 1 40 1