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
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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
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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,
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Wednesday, June 5, 1985
Page 5
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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
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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
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Wednesday, June 5, 1985
Page 7
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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
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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
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