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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
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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.
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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.
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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
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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
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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.
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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
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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