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HomeMy WebLinkAbout06-05-1985Wednesday, June 5, 1985 7:30 P.M. REGULAR MEETING The regular meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Stanley Nadolski presiding. Members present: Supervisor Stanley Nadolski Councilman Edwin O'Donnell Councilman Warren Manning ® Councilman Melvin Pierce Councilman Ray Thorpe Town Clerk Pauline Parker Employees present were Attorney, Phillip Rumsey; Assess- or,David Briggs; Confidential Sec'y., Edna Puzo; Code Enforce- ment Officer, Max Sammons; Deputy Town Clerk, June Bradshaw and Highway Sup't., Carl Bush. Others present were Town resident, Ken Andrews and Cortland Standard newsreporter, Kevin Conlon. Supervisor Nadolski called the meeting to order at 7:30 P.M.. RESOLUTION # 110 AUTHORIZE SUPERVISOR AND TOWN ATTORNEY prepay( TO PREPARE DOCUMENT FOR BONDING EDA GRANT EDA grant Motion by Councilman Pierce Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED RESOLVED that the Supervisor and Town Attorney are hereby authorized to prepare the necessary documents, including bond or note resolutions of a total amount not to exceed $ 1,000,000.00, subject to approval by this.Board, to be used in addition to the $ 86,000.00 remaining from the grant from the U.S. Department of Commerce, Economic Develop- ment Administration, all for the purpose of locating a new water source and purchasing a water tank for the Town. Councilman Pierce made a motion, seconded by Council- man Manning, to approve the minutes of May 1, 1985 and approve May 20, 1985, as written.. All voting aye, the motion was T.B. min. ® carried. Councilman Manning made a motion, seconded by Council- man O'Donnell, to receive and file the Cortlandville Plan- file ning Board minutes of April 30, 1985. All voting aye, the Cort Pl. motion was carried. minutes Wednesday, June 5, 1985 Page 2 pay vouchers RESOLUTION # ill AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been audited by the Town Board and shall be paid as follows: General Fund Vouchers # 215 -254 $ 14,386.62 Highway to# 108 -127 8,316.33 Water Fund " # 73 - 83 2,271.28 Sewer Fund " # 28 -29 1,248.17 • Supervisor Nadolski allowed those in attendance the privilege privilege of the floor. of floor Ken Andrews, Lamont Circle, expressed concern about the speed. limit at Lamont Circle. It is 30 MPH now but would like it reduced. He was advised to submit a request, signed by the residents of that area. Councilman Manning made a motion, seconded by Council - file letter man O'Donnell, to receive and file the letter received from Rappleyea, from Assemblyman Rappleyea. All voting aye, the motion was carried. The letter was in regards to the Susquehanna Pilot Program. Assemblyman Rappleyea advised that Cortland County has been allocated $ 20,000.00 for flood control. Supervisor Nadolski reported that he has attempted to contact the Soil Conservation Services to see if a portion of the funds could be used to correct the flooding problem in Blodgett Mills. Councilman Manning made a motion, seconded by Council - job man O'Donnell, to receive and file the letter received performance from William Clemens, regarding evaluation of job performance of Town employees. All voting aye, the motion was carried. review RESOLUTION # 112 AUTHORIZE FURTHER REVIEW OF EVALUATION evaluation OF TOWN EMPLOYEES Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that Councilman Pierce is hereby authorized and directed to contact the County and the City to review their procedures of evaluating job performances of their employees and report this findings to the Town Board, and RESOLVED that any action of this board is tabled for further review. Wednesday., June 5, 1985 Page 3 1 Supervisor Nadolski apprised the Town Board that an article in a recent issue of the Governmental Affairs Review, published by the State Comptroller, stated that any mileage reimbursed by an employer, exceeding the IRS rate of 20 a ¢ per mile, must be reported in full to the employees on a W-2 form. A discussed was held with those employees who accumulate the most mileage. RESOLUTION ## 113 AUTHORIZE REVIEW OF TOWN MILEAGE RATE review town mile - Motion by Councilman O'Donnell age rate Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the matter of the town mileage rate of,23 ¢ exceeding the state limit ,of,20 z ¢ shall be tabled for further review, to determine the paperwork involved, and shall remain at,23 ¢. RESOLUTION ## 114 RECEIVE PETITION FOR ROAD CONDITIONS - petition HOY ROAD Hoy Rd. Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the petition received. from residents of the Hoy Road is hereby acknowledged. Highway Sup't., Carl Bush, reported that sections of the road will be repaired. Councilman Pierce made a motion, seconded by Council- man O'Donnell, to receive and file the letter from Justice, Eaton s Donald Eaton, regarding submitting his records to the submit Town Clerk upon his retirement. All voting aye, the motion records was carried. RESOLUTION ## 115 AUTHORIZE CODE ENFORCEMENT OFFICER AND ATTORNEY TO SEND NOTICE TO GROTON AVE. PLAZA - ACCESS FIRE ROAD Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS the access road from Rte ## 281 into -the Groton Ave. Shopping Plaza3almost impassible, and WHEREAS such road is a private road, therefore Groton Plaza notice Wednesday, June 5, 1985 Page 4- BE IT RESOLVED that the Town Attorney and the Code Enforce- ment Officer are hereby authorized and directed to send a letter to William Porter, owner of the Groton.Ave. Plaza, and request that the road be repaired and maintained in accordance with the Fire Prevention Code. Councilman Pierce made a motion, seconded by Council - Parking man O'Donnell, to receive and file a letter received from on Deleware Lorna Sertoli of 66 Deleware Ave. regarding parking in the Ave. street on Deleware Ave.. All voting aye, the motion was carried. A discussion followed whereby it was the consensus of the Town Board that Mrs. Sertoli should contact the Sheriffs department. Town codes are not being -violated. Councilman O'Donnell made a motion, seconded by Council- man Pierce, to receive and file the notice received from Local Law # 1 NYS Department of State. They received our Local Law # 1 received by of 1985 on February 13, 1985. All voting aye, the motion State was carried. Local Law # 1 of 1985 pertains to the administration and enforcement of the Uniform Fire Prevention and Building Code. Councilman O'Donnell made a motion, seconded by Council - No -Lice of Claimman Manning, to receive and file the Notice of Claim received H. Garrett from Attorney, Donald Armstrong. This is the claim of Herbert Garrett vs. the Town of Cortlandville and Carl Bush. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by Council - Notice of Peti man Pierce, to receive and file the Notice of Petition �eived from Attorney, Le Roy Johnston in regards to the P. Davis matter of Philip A. Davis (Article 78 Zoning Matter). All voting aye, the motion was carried. receive alcoholic RESOLUTION # 116 RECEIVING NOTICES OF PERMIT RENEWALS - aALCOHOLIC BEVERAGE CONTROL LAW al renewals Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that notices have been received from the following in accordance with the Alcoholic Beverage Control Law: Fay's Drug Company, 231 Groton Ave., Cortland, New York J & J Stop-n-Shop, Rte. # 11 and # 81, McGraw, New York Nice-n-Easy Grocery Shopper, McLean Road and Rte. # 281, Cortland,New York Great American, McLean Road and Rte. # 281, Cortland, New York Grand Union Co., 184 Homer Ave., Cortland, New York Statewide Country Music Assoc. Inc., Rte. # 13, Cortland, New York Tops Market, Groton Ave. Plaza, Cortland, New York and, 1 • 1 U 1 Wednesday, June 5, 1985 Page 5 �1 RESOLVED that the notice from Grand Union Co. shall be returned to them as their store is located in the City of Cortland,. RESOLUTION # 117 AUTHORIZE HIRING SUMMER EMPLOYEES - RECREATION Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Recreation Committee is hereby authorized to hire Lisa Waring as girls softball coach, for $ 80.00 for the season, and further RESOLVED authorization to hire Michael Andrews, as a Part time maintenance helper at $ 30.00 per week, not to exceed $ 300.00, for the season. RESOLUTION # 118 DENY TAX PENALTY REFUND - CORTLAND LINE COMPANY Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the tax penalty refund request by Cortland Line Company is not permissable, therefore denied, and RESOLVED that Assessor Briggs is hereby authorized and requested to write to Cortland Line Company explaining the procedure and denial. hire summer rec. help deny tax refund Cort. Line RESOLUTION # 119 ACCEPT RESIGNATION OF RONALD GAUTHIER - resignatioi ZONING BOARD OF APPEALS R. Gauthiej Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that,the Town Board does hereby accept the resignation of Ronald R. Gauthier, from the Cortlandville Zoning Board of Appeals, to be effective May 24, 1985, with regret. RESOLUTION # 120 SUPPORT ADDING OF WTBS TO SAMMONS CABLE TV NETWORK Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Town Board does hereby support adding the WTBS channel to the existing programs offered by Sammons Communications Cable TV at an additional cost of,50 0 per month to customers. support WTBS .78 Wednesday, June 5, 1985 Page 6 justice to school RESOLUTION #.121 AUTHORIZE JUSTICE FOWLER TO ATTEND SCHOOL Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that Justice Mary Fowler is hereby authorized to attend a justice school from Jule 29 - August 2, 1985 at St. Lawrence University located at Canton, New York, and RESOLVED that any expenses incurred by same, be reimbursed, subject to audit by the Town Board. Councilman Manning made a motion, seconded by Council - file tem. man Pierce, to receive and file the temporary Justice certificate Certificate of Mary D. Fowler. All voting aye, the motion M. Fowler was carried. Such certificate shall expire August 31, 1985. purchase RESOLUTION f# 122 AUTHORIZE PURCHASE OF OFFICE EQUIP - justice equipmen+ MENT - JUSTICE OFFICE Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED WHEREAS a list of equipment used in the office of the Town Justice, which was personal property of Donald Eaton, has been submitted to the Town Board for review, and WHEREAS the cost would be considerably higher if purchased new, therefore BE IT RESOLVED that the Town Board does hereby authorize Justice, Mary Fowler, to purchase the office equipment, as per list, at a cost of $ 318.00. transfer of RESOLUTION # 123 AUTHORIZE TRANSFER OF . FUNDS TO PURCHASE funds EQUIPMENT - JUSTICE Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED that the budget officer is hereby authorized to transfer $ 318.00 from A1110.4 to A1110.2, to purchase the equipment, per list, in the Justice Department. • RESOLUTION # 124 TERMINATE TEMPORARY CODE ENFORCEMENT terminate tem. OFFICER POSITION code enforc. position Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED 75 Wednesday, June 5, 1985 Page 7 �1 1 BE IT RESOLVED that the Town Board does hereby terminate David Briggs as temporary Code Enforcement Officer, as the position has been filled. RESOLUTION # 125 SETTING DATE FOR PUBLIC HEARING - set date SEWER CHARGES P.H. sewer Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that a public hearing shall be held on July 15th at 4:00 P.M. at the Town Hall regarding sewer charges. Code Enforcement Officer, Max Sammons, requested the Town Board to advise him as to how they wanted him to proceed with those who have not complied with'the Zoning Ordinance. A discussion followed whereby it was the consensus of the Town Board that he must use his own judgement and consider the nature of the violation. They suggested that he start with a warning and thm confer with the Town Attorney and Justice for assistance. RESOLUTION # 126 ADOPT BOND RESOLUTION AUTHORIZING THE ISSUANCE OF A MAXIMUM OF $ 127.,500.00 SERIAL BONDS TO FINANCE THE CONSTRUCTION AND EXTENSION OF A WATER IMPROVEMENT TO BE KNOWN AS THE WATER SYSTEM IMPROVEMENT PROJECT FOR THE McLEAN ROAD/LUKER ROAD INDIMRIAL AREA OF THE TOWN OF CORTLAND- V ILLE . Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED THE TOWN BOP:D OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK, HEREBY RESOLVED AS FOLLOWS: SECTION 1. The specific object or purpose for which obligations are issued pursuant to this resolution is to finance the cost of grant applications, rights of way, land, legal fees, engineering fees, construction costs,material costs and all other such expenses relating to the construction and extension of a water improvement district in the Town of Cortlandville known as The Water System Improvement Project for the McLean Road/Luker Road Industrial Area of the Town of Cortlandville as the same is shown in the maps, plans and engineering reports heretofore filedwith the Cortlandville Town Clerk. SECTION 2. The maximum estimated cost of such water improvement is $ 255,000.00 to be financed 50% by the issuance of serial bonds and bond anticipation notes, to a maximum of $ 127,500.00 and 50% by a grant from the U.S. Department of Commerce, Economic Development Administration. Bond Res, grater sys, improve, Wednesday, June 5, 1985 Page 8 SECTION 3. The period of probable usefulness of said water improvement is forty (40) years, as set forth. in Section 11.00 (a) (1) of the Local Finance Law. It is hereby determined that no down payment is required in connection with said project in accordance with Section 107(d) (3) (a) of the Local Finance Law. SECTION 4. Said serial bonds will have a maturity in excess of five years. SECTION 5. The faith and credit of the Town of Cortland- ville are pledged to the payment of the principal of said bonds and interests thereon when due. • SECTION 6. The Supervisor of the Town is hereby authorized and directed to sell such bonds at Drivate sale in accordance with the provisions of Section 63.00 of the Local Finance Law. SECTION 7. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to prescribing the terms, .form and contents as to the sale and issuance of said bonds and any notes issued in anticipation of said bonds;, or the renewals thereof, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. SECTION 8. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of said bonds-., may be contested only if: (a) Such obligations are authorized for an object or purpose for which the Town if not authorized to expend money or (b) The provisions of the Law which should be complied with at the date of the publication of such resolution are not substantially complied with and an action, suit or prDceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the consitution. SECTION 9. This resolution shall take effect immediately. Councilman Pierce made a motion, seconded by Council- • man Manning, to recess the regular meeting and convene to Council - recess executive session to discuss a matter of pending litigation. All voting aye, the motion was carried. ,The following information was received from the Super- ivsors office. Wednesday, June 5, 1985 Page 9 8' x Councilman Pierce made a motion, seconded by Council- man Manning to adjourn the executive session and reconvene execad es the regular meeting. All voting aye, the motion was carried. No Business. J Councilman Manning made a motion, seconded by Council- man O'Donnell, to adjourn the regular meeting. All voting adjourn aye, the motion was carried. The meeting was adjourned at 8:45 P.M.. Respectfully submitted, Pauline H. Parker, Town Clerk •