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HomeMy WebLinkAbout11-19-1986304 Wednesday, November 19, 1986 5:00 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 Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Warren Manning • Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker Others present were Attorney, Phillip Rumsey; Deputy Town Clerk, Beth O'Gorman; Engineer, Hayne Smith; Highway Superintendent, Carl Bush; Zoning and Code Enforcement Officer, Bruce Weber; and News reporter, Kevin Conlin. The meeting was called to order by Supervisor Pierce at 5:00 o'clock p.m. Rec. & File A motion was made by Councilman Manning, seconded Cortland Co. by Councilman Thorpe, to receive and file the resolution Envir. Mgt. from the Cortland County Environmental Management Res. 1-86 Council. All voting aye, the motion was carried. This resolution No. 86-1, adopted November 6, 1986, endorsed the principal demands of the Cortland County Clean Water Committee that purification facilities be installed at the City of Cortland and Town of Cortlandville wells. Support was voiced for -the resolution being presented to the Cortland County Legislature on November 12, 1986, regarding designation of the county groundwater supply as a sole source aquifer. Award Bid RESOLUTION #224 AWARD BID - NEW SNOW PLOW EQUIPMENT Plow Equip. FOR HIGHWAY DEPARTMENT 1987 1987 International INTERNATIONAL TEN -WHEEL DUMP TRUCK Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, on Wednesday, November 5, 1986, authorization was granted to advertise for bids for new snow plow • equipment for -the highway department 1987 International ten -wheel dump truck, to be opened on November 17, 1986, at 3:30 o'clock p.m., and WHEREAS, sealed bids were received and read aloud by the Town Clerk, and WHEREAS, the bids submitted were reviewed by the Highway Superintendent in regard to required specifications with priority placed on date of delivery, and cost, and WHEREAS, a certificate of non -collusion, as required by Section 103D of the General Municipal Law, was attached to all bids submitted, therefore 305 Wednesday, November 19, 1986 Page 2 BE IT RESOLVED, that the Town Board of the Town of Cortlandville, does hereby award the bid for new snow plow equipment for the 1987 International ten -wheel dump truck to Tracey Truck Equipment, of Manlius Center Road, East Syracuse, New York, in the amount of $14,656.00. RESOLUTION #225 AWARD BID - NEW DUMP BODY FOR THE Award Bid HIGHWAY DEPARTMENT 1987 Dump Body INTERNATIONAL TEN -WHEEL DUMP TRUCK 1987 Internation Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, on Wednesday, November 5, 1986, authorization was granted to advertise for bids for a new dump body for the highway department 1987 International ten -wheel dump truck, to be opened on November 17, 1986, at 3:30 o'clock p.m., and WHEREAS, sealed bids were received and read aloud by the Town Clerk, and WHEREAS, the bids submitted were reviewed by the Highway Superintendent in regard to required specifications with priority placed on date of delivery, and cost, and WHEREAS, a certificate of non -collusion, as required by Section 103D of the General Municipal Law, was attached to all bids submitted, therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville, does hereby award the bid for the new dump body for the 1987 International ten -wheel dump truck to Steuben Supply Co., of Bath, New York, in the amount of $8,294.00. RESOLUTION #226 ADOPTION OF THE TOWN OF Adopt Budget CORTLANDVILLE BUDGETS FOR 1987 for 1987 Motion by Councilman Manning Seconded by Councilman -Thorpe VOTES: ALL AYE ADOPTED WHEREAS, on the 5th day of November, 1986, the Town Board of the Town of Cortlandville, held a public hearing on the preliminary budgets, approved by the Town Board, and filed with the Town Clerk, for the fiscal year commencing January 1, 1987, and having heard all persons in favor of or against any items therein contained, therefore BE IT RESOLVED, that the preliminary budgets approved and filed, and the same hereby is adopted and established as the annual budget of this town for the fiscal year beginning January 1, 1987, and such annual budget, as so adopted, is filed with the Town Clerk, and RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the annual budgets hereby adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law, and within five days thereof, deliver two copies to the Supervisor of the Town, and the Supervisor shall present the copies of the annual budgets to the Legislature of Cortland County within ten day, after his receipt thereof from the Clerk. 3o6 Wednesday, November 19, 1986 Page 3 Use T. Hall RESOLUTION #227 AUTHORIZE USE OF THE MEETING ROOM Driving Classes FOR 19e7 DEFENSIVE DRIVING COURSES 1987 Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Safety Council of Central New York is hereby authorized to use the Town Hall meeting room one Saturday each month for the Defensive, Driving Course, and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to forward a copy of the scheduled course dates to the Cortland County Motor Vehicle Department for informational purposes. Abolish RESOLUTION #228 AUTHORIZATION TO ABOLISH THE Position POSITION OF WATER AND SEWER W & S Main. Man MAINTENANCE MAN Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to abolish the position of Water and Sewer Maintenance Man, effective November 19, 1986. Establish RESOLUTION #229 AUTHORIZATION TO ESTABLISH POSITION Position OF SUPERINTENDENT OF WATER AND SEWER Super. of W & S Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized to establish the position of Superintendent of Water and Sewer, effective November 19, 19e6. Appoint F.G. RESOLUTION #230 APPOINT FREDERICK G. WALKER, SR. TO Walker Sr. THE POSITION OF SUPERINTENDENT OF Super of W & S OF WATER AND SEWER Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, the position of Water and Sewer Maintenance Man was abolished per Resolution #228, adopted by this Town board on November 19, 1986, and WHEREAS, the position of Superintendent of Water and Sewer was established per Resolution #229, adopted by this town Board on November 19, 1986, therefore BE IT RESOLVED, that Frederick G. Walker Sr., of Gallagher Road, Cortland, New York, is hereby appointed to the position of Superintendent of Water and Sewer, effective November 19, 1986, at an annual salary of $19,818.39. 1 • 1 1 307 1 1 • Wednesday, November 19, 1996 Page 4 RESOLUTION #231 AUTHORIZE VACATION PAY FOR FRED G. Vacation Pay WALKER SR. W . & S. SUPERINTENDENT F.G. Walker Sr. Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, scheduled and emergency water and sewer improvements that have occurred in the Town, for which the expertise of Mr. Walker as been continually required in overseeing these improvements, and WHEREAS, Mr. Walker has accumulated six weeks of vacation, and has been unable to use it as completing these improvement projects has taken priority, therefore BE IT RESOLVED, that authorization is hereby granted to pay Fred G. Walker for three weeks vacation time. RESOLUTION #232 APPROVE ROGER BECK CONSTRUCTION FOR WATER AND SEWER CONNECTIONS Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Harry Rehbein on behalf of Roger Beck Construction for plumber recognition and was found to be in proper order, therefore BE IT RESOLVED, that the application submitted for Roger Beck Construction, of 636 Fall Creek Road, Freeville, New York, is hereby approved for both water and sewer connections, and be it further RESOLVED, that their name shall be added to the approved plumber list of the Town of Cortlandville. Supervisor Pierce advised the Town Board that elected officials of the town will not be covered under the New York State Disability Insurance policy that he was authorized to purchase per Resolution No. 213, adopted at the November 5, 1986, Town Board Meeting. Elected officials are exempt from this coverage. A new premium for coverage, based on lower employee enrollment, is forth coming. W & S Plumber Approval R. Beck Const. N.Y.S. Disability Ins. Update RESOLUTION #233 AUTHORIZE SUPERVISOR TO DRAFT LETTER Letter for EQUITABLE DISTRIBUTION OF STATE State Rev. REVENUE SHARING FUNDS Sharing Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, a letter was received by Supervisor Pierce from Michael S. Stoll, President of the Genesee Association of Town Officers, expressing the concern that State Revenue Sharing Funds are not equitably distributed among town, villages, and cities of the state, and WHEREAS, all town and village officials were asked to take a stand on State Revenue Sharing and the need for a new distribution formula, and M Wednesday, November 19, 1996 Page 5 WHEREAS, a :letter writing campaign was recommended to bring this to the attention of Governor Cuomo arid State Budget officers, and WHEREAS, the members of the Town Board are in agreement with this concern and plan of action, therefore BE IT RESOLVED, that Supervisor Pierce is hereby authorized and directed to direct a letter to (:)overnor Cuomo and other state officials involved in the budget process, expressing the Town Boards desire for equitable distribution of State Revenue Sharing Funds. Public Officials Supervisor Pierce advised the Town Board that the Liab. Ins, premium for the public officials and employees, Update liability insurance for the Town of Cortlandville will be $6,581.00 for coverage in 1987. Supervisor Pierce confirmed over the phone that the Town would agree to coverage at this premium. The premium for coverage in 1986 was $2,100.00. Receipt o_f RESOLUTION #234 RECEIPT OF CERTIFICATE AUTHORIZING Cert. Author. BOND ANTICIPATION NOTES OF THE TOWN Bond Anticipation OF CORTLANDV I LLE FOR CONSTRUCTION OF Notes THE PHEASANT RUN WATER IMPiROVEMENT Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, per Resolution No. 198, adopted October 1, 1986, authorization was granted for the issuance of $80,000.00 serial bonds, however the amount of the bonds to be issued for the aforesaid project or purpose is $60,000.00, therefore BE IT RESOLVED, that the certificate authorizing issuance of bond anticipation notes of the Town of Cortlandville, New York, for the Pheasant Run Water Improvement, is hereby received and filed with the Town Clerk, and further RESOLVED, that such bond anticipation note shall mature on November 19, 1907, bearing an interest rate not exceeding 7% annum, payable at maturity. Set date for RESOLUTION #235 ESTABLISH N.Y.S. RT. 281 COLLEGE P.H. and Establish FIELD AREA WATER IMPROVEMENT AND SET Rt. 281 Improve DATE FOR PUBLIC HEARING Project Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans relating to the establishment of a water improvement; project for the residential cluster of the N.Y.S. Route 281 College Field area of the Town of Cortlandville (Tax Map Numbers 96.05-01-03.000 through 96.05-01-OE3.000 inclusive, and 95.00-01-21.000), as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and 1 • F� • 1 309 Wednesday, November 19, 1986 Page 6 WHEREAS, the proposed improvement consists of the extension of water lines into the said area by construction of approximately 800 lineal feet plus service pipe, in accordance with the said plans now on file in the Office of the Town Clerk of the Town of Cortlandville, and WHEREAS, the maximum amount proposed to be expended for said improvement is $100,000.00, and WHEREAS, the proposed method of financing the said • improvement is from bonds issued by the Town of Cortlandville at a maximum term of 20 years at prevailing interest, IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, Terrace Road, Cortland, New York on the 3rd of December, 1986 at 7:30 o'clock p.m. of that day to hear all persons interested in the proposed water improvement, and for such other action of said Town Board with relation to the said water improvement as may be required by law or deemed proper. A discussion was held among those present in regard Rt. 281 to the Rt. 281 College Field area of the Town. The Project proposed cost of the project is approximately Update $60,000.00, and the cost of service to the Gunzenhauser Barn is approximatly $1,500.00. Some potential for service to properties developed in the future is available. RESOLUTION #236 AUTHORIZE SUPERVISOR TO DIRECT Letter to Co. LETTER TO CORTLAND COUNTY Legislature LEGISLATURE - SOLE SOURCE AQUIFER Sole Source Aquifer Motion by Councilman Manning Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Supervisor Pierce is hereby authorized and directed to forward a letter to the Cortland County Legislature in regard to sole source designation of the aquifer, expressing the Town Boards concerns, and expressing the Boards desire to be consulted with, and included in all future decisions with regard to the aquifer. Engineer, Hayne Smith, advised the Town Board, that Groton Ave there will be a cost overrun of $25,000.00 on the Groton Rt. 281 Project • Avenue, Rt. 281 Water and Sewer Improvement Project, due Update/cost to under estimates for paving and the addition of a overruns manhole near Kentucky Fried Chicken. Because of this overrun, the project cost is now in excess of the bonded amount, $340,000.00. The state regulations regarding town bonding maintain that no more than one tenth of one percent of the towns assessed evaluation can be bonded on one improvement project. This cost overrun will place the project is excess of this limit. Attorney Rumsey explained that the approval of the state controller must be obtained under theses circumstances. Supervisor Pierce and Engineer Smith, have discussed additional work items that would enhance the project. These improvements could be undertaken now or bid later and done under a separate improvement project. 310 Wednesday, November 19, 1986 Page 7 It was the consensus of the Town Board, that Attorney Rumsey and Engineer Smith review the alternatives and submit a recommendation for further action. Letter RESOLUTION #237 AUTHORIZE SUPERVISOR TO REQUEST Compliance w/ N.Y.S. D.E.C. FOR COMPLIANCE OF NYS Exec. Order 33 N.Y.S. EXECUTIVE ORDER NO. 33 Hazardous DISPOSAL OF _HAZARDOUS WASTE Wastes Motion by Councilman Manning • Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, numerous private wells in the Pheasant Run and Rt. 291 College Field areas of the Town of Cortlandville have recently been determined to be contaminated by various toxic chemicals and hazardous waste as defined in the state Environmental Conservation Law and other statutes, and WHEREAS, such contamination threatens the sole water source aquifer for the Town of Cortlandville, one of the ten best characterized and most productive aquifers in the State of New York, and WHEREAS, current laws are designed to track present and future disposal of hazardous wastes, but that sound pollution control and emergency preparedness policies depend on the knowledge•of past industrial hazardous waste disposal practices, and WHEREAS, the State of'New York Executive Order No. 33 dated December 29, 1983 was intended to coordinate the practices of the Department of Environmental Conservation for an industrial chemical survey to provide complete information on the types and amounts of potentially toxic raw materials used, stored, manufactured or transported in this State, in addition to information of waste disposal activities by industries operating in the State since 1952, and WHEREAS, said Executive Order provides that Commissioner of the Department of Environmental Conservation shall require that the necessary surveys and questionnaire shall be completed and returned to the Department, and WHEREAS, this Board has reason to believe that there has not been full compliance by all facilities affected by said Executive Order, it is hereby RESOLVED, that this Town Board, for the health, welfare and safety of the residents of the State of New York and • specifically the Town of Cortlandville, hereby requests that the Commissioner of the Department of Environmental Conservation do all within his power to force compliance with the provisions of New York State Executive Order No. 33 dated December 29, 1983, and be it further RESOLVED, that the Commissioner is hereby requested by the Cortlandville Town Board to disclose and forward to the Town Supervisor all information from any surveys and questionnaire submitted pursuant to said Order, which may be relevant to the interests of the Town of Cortlandville and which is not confidential in accordance with the applicable provisions of the Public Officers Law and the Environmental Conservation Law, and be it further 311 I- E 1 :1 1 Wednesday, November 19, 1986 Page S RESOLVED, that certified copies of this resolution be forwarded to the Commissioner of the Department of Environmental Conservation, Governor Mario M. Cuomo, Senator Lloyd S. Riford, Jr., Senator -Elect James L. Seward and Assemblyman Clarence D. Rappleyea, Jr. RESOLUTION #238 AUTHORIZE PAYMENT OF VOUCHERS Payment of Vouchers Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers #530-593 s18,857.30 Highway Fund 256-274 86,006.23 Water Fund 137-148 22,174.14 Sewer Fund 78-83 143,737.53 A motion was made by Councilman O'Donnell, seconded by Councilman Manning, to recess the regular meeting and convene to an executive session, on a matter of pending litigation. All voting aye, the motion was carried. The following information was received from the Supervisors office. A motion was made by Councilman Manning, seconded by Councilman Rocco, to adjourn the executive session, and reconvene the regular meeting. All voting aye, the motion was carried. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to adjourn the regular meeting. All voting aye, the motion was carried. Resp ctful y submitted, auline H. Parker Town Clerk Town of Cortlandville