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Home My WebLink About06-01-1988` 6.0 Wednesday June 01, 1988 Regular Meeting 7:30 P.M. 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 Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline Parker Others present were Town Highway Superintendent, Carl Bush; Newsreporter, Kevin Conlin; Attorney, William Pomeroy; and Town resident, Bob Moore; The meeting was called to order by Supervisor Pierce at 7:30 o'clock p.m. He requested that all those - in attendance rise and pledge allegiance to the flag. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the Cortlandville Planning Board minutes of May 31, 1988. All voting aye, the motion was carried. RESOLUTION #143 AUTHORIZE PAYMENT OF VOUCHERS - JUNE Motion by Councilman Thorpe Audit of Vouchers Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers #263 - 294 $22,112.48 Highway Fund 143 - 15B 299837.62 Water Fund 91 - 96 32,021.42 Sewer Fund 36 - 41 4,179.79 RESOLUTION #144 ACCEPT WATER LINES AND PERMANENT EASEMENT AND RIGHT-OF-WAY WITH JOHN AND CATHERINE MURDOCK - MURDOCK ESTATES Accept water lines Motion by Councilman Thorpe and easement - Murdock Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Planning board of the Town of Cortlandville has approved a certain sub -division plat of lands of John Murdock's, known as Murdock Estates which includes plans for developing water lines in the subdivision, and WHEREAS, said lines have been completed and inspected by the Town Water and Sewer Superintendent, and have been approved, therefore BE IT RESOLVED, that the water lines within the subdivision known as Murdock Estates are hereby accepted, and also 1 1 1 Wednesday June 1, 1988 Page 2 RESOLVED, that the permanent easement and right-of-way for construction of- water mains with John A. and Catherine Murdock.of RD#4 4127 Fuller Road, Cortland,.NY for lands located off. Rt.--222 and -formally. known as Murdock Estates, is hereby received and..filed.. RESOLUTION.#145. AUTHORIZE RELEASE OF SECURITY DEPOSIT FROM CORTLAND SAVINGS - JOHN MURDOCK WATER LINES - MURDOCK ESTATES Release of security - Motion by . Councilman Thorpe • , . John Murdock Seconded -by Counei:lman :Rocca water lines VOTES: ALL AYE -ADOPTED - . WHEREAS, per Town requirements, Cortland Savings Bank is holding a Security Deposit of $5,000.00 assignedito the Town.of Cortlandville,.from John Murdock for the purpose of connecting to,the Town water lines at Bowling Green, and WHEREAS, said lines have been .completed and inspected by the Town Water and Sewer Superintendent, -and have.been found to be satisfactory, therefore BE IT -RESOLVED, -,that the Town is hereby authorized to release -the .$5,000.00 security deposit -to John Murdock, and also. .. . . RESOLVED, that the Town Clerk shall forward a copy of this resolution to Cortland Savings Bank and authorize them to -release the.$5,000.00 to:Mr. Murdock. RESOLUTION #146 ACCEPT PERFORMANCE BOND FROM JOHN MURDOCK TO CONSTRUCT ROADS - MURDOCK ESTATES - RT 222 Accept Per. Motion by Councilman Thorpe bond - Murdock Seconded by -Councilman Rocco roads VOTES. ALL AYE ADOPTED - WHEREAS, the Cortlandville Planning Board has approved a certain sub -division plat of lands of John Murdock's, known as Murdock :Estates, and WHEREAS, Mr. Murdock,has,delivered to the Town Clerk his performance bond in the amount -of $35,000.00 to insure the construction and grading of a certain proposed street known as '.'Katie Lane", in accordance with the Specifications of the .Town,.of. Cortlandville for Town Road and Street Construction dated September 28, 1968, and WHEREAS, John Murdock has formally offered to dedicate said street to the Town:upon completion, therefore BE IT RESOLVED, that said street shall be accepted as a public street of the Town of Cortlandville, Cortland County, New York, contingent: -on the acceptance, by the Town Attorney, -Phillip :Rumsey,,, of the deed- submitted to the Town from Mr. Murdock and contingent on acceptance of the street by the Town Highway Superintendent, Carl Bush , : ,and -also., Wednesday June 1, 1988 Page 3 RESOLVED, that the aforesaid Performance Bond made and executed by John Murdock to the Town of Cortlandville in the amount of $35,000.00 be, and it hereby is, accepted pursuant to Section 277 of the Town Law as to form, sufficiency and manner of execution. Supervisor Pierce offered those in attendance the privilege of the floor. Councilman O'Donnell apprised the Board of concerns of residents in the Blodgett Mills area. concerns in He stopped at the Dale Weaver residence and spoke Blodgett Mills to Mr. Weaver, regarding the need to clean up the area and keep it clean and orderly. Councilman O'Donnell explained to Mr. Weaver that he would be sending Town Code Enforcement Officer, Bruce Weber, to the Weaver residence to direct Mr. Weaver as to what he has to do to conform to Town Code. Councilman O'Donnell also apprised the Board of the condition of the Hallstead property. There are junk cars, trailers and rubbish. Another concern is the slaughterhouse in the area, which needs to be checked out. Also, down the road, near the Westendorf property, there is dumping along the roadside, which is supposed to be maintained by the County, as it is located on a County road. The reports of the various departments are on the table for review, and are available for inspection, on request, in the Town Clerks office. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to receive and file the Certificate of Returns of Births and Deaths from the New York State rec & file Department of Health, which reported all filings of the certificate registrar for 1987. All voting aye, the motion was returns of birth@arr ied . and deaths RESOLUTION #147 ACCEPT NOTICE OF HEARING FROM NYS OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES - SITE SELECTION - HIGHLAND ROAD notice of Seguin hearing Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #122 of 1988, the Town Board of the Town of Cortlandville objected to the establishment of a facility of the kind described by the sponsoring agency, Seguin, because to do so would cause oversaturation of such a facility, and WHEREAS, a copy of this resolution was forwarded to the sponsoring agent and the appropriate State commissioner, and WHEREAS, the next step in the process of establishing such a facility is to offer the involved parties a hearing to determine the best course of action for all involved, therefore 1 1 Wednesday June 1, 1988 Page 4 BE IT RESOLVED, that the Town of Cortlandville does hereby accept notification of a hearing in the matter of the Town of Cortlandville (S41.34 Site Selection Hearing) to be held in the Town Hall 15 Terrace Road, Cortland, NY on June 07, 19ee at 7:00 p.m., and also RESOLVED, pursuant to the New York State Mental Hygiene Law, the Commissioner of the State of NY Office of Mental Retardation and Developmental Disabilities has designated Harold Hopkins to be the Hearing Officer in this matter, and further RESOLVED, that said notification shall be received and filed. RESOLUTION #148 AUTHORIZE SUPERVISOR PIERCE TO SIGN -STATE-CONTRACT FOR AID TO LOCALITIES PROJECT - HIGHLAND ROAD WATER PROJECT Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville herein called the "municipality," after thorough consideration of the various aspects of the problem and' study of available data, has hereby determined that certain work, as described in the State Contract; herein called the "Project," is desirable, in the public interest, and is required in order to study and/orimplement the local project or program; and - WHEREAS, under- Chapter 53, Section 1, relating to the Local Assistance Budget, as amended by Chapter 886 of Laws of 1986, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of written agreement; -and WHEREAS, the Municipality has examined and duly considered Chapter 53,Section 1, relating to the Local Assistance Budget, as amended by Chapter 886 of the Laws of 1986, and deems it to be in the public interest and benefit under this- law -to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Cortlandville 1. That Supervisor, Melvin H. Pierce is directed and authorized as the official representative to act in- connection with any contracts between the Municipality and the State, and to provide such additional information as may be required; 2. That one (1) certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation,,Albanyi New York -together -with the State Contract; 3. That this Resolution take effect immediately. Authorize Mel to sign St. cont. Highland Rd Proj Z0 liquor license renewal Graat American Hire Margaret Niver Approve E.Pace Water and Sewer connections Wednesday June 1, 198B Page 5 RESOLUTION.#149 ACCEPT,NOTICE OF LIQUOR LICENSE RENEWAL FROM GREAT AMERICAN Motion by Councilman O'Donnell Seconded.by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that notice has been received from Bryan Adams, Treasurer of Victory Markets Inc., advising that the Great American #466, Corner of Rt. 281 and McLean Rd. is renewing their Off Premises Beer License in accordance with the Alcoholic Beverage Control Law, and is hereby acknowledged. RESOLUTION #150 AUTHORIZE TO HIRE MARGARET A. NIVER DEPUTY COURT CLERK - JUSTICE DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, there exists a vacancy in the Justice Department due to the resignation of Janet Potts,and WHEREAS, Town Justice, Mardis Kelsen has reviewed several applicants, and has submitted to the Town Board, her recommendation for the position, therefore BE IT RESOLVED, that the Town Justice is hereby authorized to hire Margaret A. Niver, 35 East Main St., McGraw, NY for the position of Court Clerk effective May 31, 1988 at a salary of $10, 500.00 to be paid from A1110.1. RESOLUTION #151 APPROVE ERNEST PACE - WATER AND SEWER CONNECTIONS - TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Ernest Pace, of P.O. Box 334, Cortland, NY for plumber recognition and was found to be in proper order, therefore BE IT RESOLVED, that the application submitted by Ernest Pace, is hereby approved for both water and sewer connections, and be it further RESOLVED, that his name shall be added to plumber list of the Town of Cortlandville. Town resident, Robert Moore, asked there was any regulations in the Town Bob Moore plumbers to use lead free solder. use of solder A discussion followed, whereby the agreed to investigate the matter further. check the current ordinances and laws of the the approved the Board if , requiring Town Board They will Town. G 11 a(e5 Wednesday June 1, 1988 Page 6 RESOLUTION #152 ACCEPT RESIGNATION EDNA PUZO TOWN CUSTODIAN Accept resign -- Motion by Councilman Thorpe ation E.Puzo Seconded by Councilman O'Donnell Custodian VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the resignation of Edna Puzo from the position of Custodian of the Town Hall is hereby accepted with regret, effective May 31, 1988. RESOLUTION #153 APPOINT SUPERVISOR MELVIN PIERCE CUSTODIAN OF THE TOWN'HAL'L Appoint Mel Motion by Councilman Rocco Custodian Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED9 that --the Supervisor; Melvin Pierce is hereby appointed to the position of Custodian of the Town Hall of the Town of Cortlandville', effective May 31, 198B at an annual fee of $500.00, to be paid from A1620.4 RESOLUTION #154 AUTHORIZE LETTING OF BIDS - MCLEAN ROAD - LUKER ROAD SEWER IMPROVEMENT PROJECT Letting of bids Motion by Councilman Thorpe McLean Rd e Seconded by Councilman Rocco Luker Road VOTES: ALL AYE ADOPTED Sewer BE IT RESOLVED, that, the Town Engineer, Hayne Smith is hereby authorized'.to advertise by legal notice, letting of the bids for the McLean Road - Luker Road Sewer System Improvement Project, and further RESOLVED, that such bids shall be opened on Thursday June 23, 1988 at 3:00 p.m., and awarded at a special meeting of the Town Board'at 7:00 p.m. on June 27, 1988, scheduled for the sole purpose of awarding said bid. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to recess the regular meeting and convene to an executive session in the matter of pending litigation and a personnel problem. All voting ayei the ® motion was carried. The following information was received from the Supervisor's office: A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to adjourn the Executive Session and Reconvene the Regular Meeting. All voting aye, the motion was carried. a6to Wednesday June 1, 198B Page 7 RESOLUTION #155 AUTHORIZE AND REQUEST SUPERVISOR TO SEND CONGRATULATIONS TO TOWN JUSTICE, MARDIS KELSEN - ZONTA AWARD Mel to send Motion by Councilman Thorpe Congratulations Seconded by Councilman Testa to Mardis -Zonta VOTES: ALL AYE ADOPTED WHEREAS, Cortlandville Town Justice, Mardis Kelsen has received an award from the Zonta Club, therefore BE IT RESOLVED, that the Supervisor is hereby authorized and directed to send a letter of congratulations from the Town Board to Mardis Kelsen, commending her on this achievement. RESOLUTION #156 AMEND RESOLUTION #106 OF 1988 - WILLIAM PORTER SEWER LEVY REBATE amend William Motion by Councilman Rocco Porter rebate Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, by Resolution dated April 6, 1988 the Town Clerk was authorized to refund certain amounts due on three Town tax bills containing sewer relevies which have been objected by the owners of the respective properties, and WHEREAS, all the reasons for such refunds set forth in said Resolution remain applicable, and WHEREAS, further negotiations have been held concerning the propriety of interest and penalties on said tax bills, NOW, THEREFORE, BE IT RESOLVED, that upon presentation to the Town Clerk receipts for payment to the Cortland County Treasurer of the 1988 tax bills for Town of Cortlandville parcels 86.13-01-56, 86.13-01-60 (already paid to Town Clerk on January 26, 1988), and 86.13-01-62, the Town Clerk is hereby authorized and directed to refund from the appropriate account or accounts the sum of $6,312.60 payable to "Edward R. Purser, Esq., as attorney for General Crushed Stone, Inc., 281 Groton Corp. and R/H Wilson Realty." A motion was made by Councilman Thorpe, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 10:05 p.m. Respe tfull submitted, Pauline H. Parker CMC Town Clerk Town of Cortlandville 1 40 11 •