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HomeMy WebLinkAbout07-01-1981Wednesday, July 1, 1981 7:30 P.M. Page 1 The regular meeting of the Town of Cortlandville Town Board was held at the Town Hall, 15 Terrace Road, Cortland, N.Y. with Supervisor Nadolski presiding. Board members present were Supervisor Nadolski and Councilmen Manning, Pierce and Thorpe. Councilman O'Donnell absent. Others present were Town Clerk, Pauline Parker; Attorney, John Folmer; Highway Sup't., Carl Eaton; Deputy Town Clerk, June Bradshaw; Engineer, Charles Feiszli; • Confidential Sec'y, Edna Puzo; Justice, Don Eaton; Zoning Officer, Don Fowler, Assessor, Robert Wells, County Fire Co-ordinator, Jim LaFever; Newsreporter, Dick Camerano and resident, Ken Andrews. The meeting was called to order by Supervisor Nadolski at 7:30 P.M.. Upon motion by Councilman Thorpe, seconded by Council- man Manning, the approval of the previous June minutes were tabled because minutes.were,not recbived:.in:time to be reviewed. All voting aye, the motion was carried. RESOLUTION # 118 AUTHORIZ _.SUPERVISOR.TO;SIGN OPTION -AGREEMENT - MARSIE WRIGHT PROPERTY porch as e MarsieWright Motion by Councilman Manning property Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, Marsie Wright is the owner of certain real property situate in the Town of Cortlandville, County of Cortland and State of New York, being identified as tax map parcel # 95.16-00-05.000; and WHEREAS, the Town of Cortlandville is desirous of entering into an option agreement regarding the purchase of said property; and WHEREAS, on the 26th day of June, 1981, the Supervisor of the Town of Cortlandville did execute an option agree- ment for said property, said agreement being incorporated herein by reference. NOW, THEREFORE, on motion of Councilman Manning, seconded by Councilman Thorpe and carried, the Town Board of the Town of Cortlandville does hereby ratif aid option agree- ment dated June 26th, 1981 and does further consent that said agreement shall be binding and acceptable upon the Town of Cortlandville according to the terms set forth in said agreement. Wednesday, July 1, 1981 Page 2 t 7 3 RESOLUTION # 119 AUTHORIZE SUPERVISOR TO PAY COST OF OPTION AGREEMENT - MARSIE WRIGHT Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Supervisor is hereby authorized and directed to make payment of $ 2,250, to Marsie Wright, the cost of the option agreement, and RESOLVED that such funds shall be paid from Contingency Account B1990.4. Supervisor Nadolski apprised the board that New York State has a division that will give a 75% grant, almost immediately, for purchasing the Wright property. He felt acqusition of the property would be very,bene- ficial to the town. A portion could be designated to the fire station , but primarily for recreation. RESOLUTION # 120 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been audited and shall be paid as follows with the exception of Voucher # 70 submitted by Water District # 1: General Fund Vouchers #229 - 271 $31,789.93 Highway Vouchers #110 - 132 14,573•44 Water District # 1 Vouchers # 62 - 71 (#70) 1,507.43 Water District # 3 # 11 - 12 62.42 Water District # 4 # 7 - 9 67.72 Water District # 5 # 7 28.80 Sewer District # 1 # 13 30.00 Sewer -District # 2 # 10 2.21 • 1 RESOLUTION # 121 AUTHORIZE INCURRENCE'OF INDEBTEDNESS FOR McLEAN ROAD TRUNK LINE SEWER, SEWER DISTRICT # 2 see attached Motion by Councilman Pierce Seconded by Councilman Thorpe Roll Call Vote: Councilman Thorpe Councilman Pierce Supervisor Nadolski Councilman Manning ADOPTED Aye Aye Aye Aye pay option MarsieWright property NYS grant payment of vouchers FHA Sewer #2 C 12. To establish and maintain ,ucii ,,woks and records relating to the operation of the facility' acid its financial affairs and to provide for required audit thereof in such a manner as may be required by the Governmcnt,'to provide the Government without its request, a copy of each such audit, and to make and forward to the Government such addi- tional information and reports as it may from time to time require. 13. To provide the Government at all reasonables times access to all books and records relating to the facility and access to the property of- the system so that the Government may ascertain that`the association is complying with the`pro- visions hereof and of the instruments incident to the making or insuring of the loan. 14. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain FmHA's concurrence prior to refusing new or adequate services to such persons; Upon failtire to' provide services which are feasible :and legal, such person shall have a direct right of action against'tlie associatiofY or pi:blie!tiody.-'` ` 15. In the case of a grant in the sum not to ex d (t cee the association hereby accepts the grant under the terms as offered by the Government arid thaf the -_ '" Su 0ryisor and _ _ CI Pr k of the association a{e hereby authorized and,empgWgrpd;to.t�ce-all. actWn Pecessary or appropriate in the execution of all Written instruments as. may be required. in, regard!to Ar,as.evidenq�e of su(: granti and the association hereby resolves to OPerate the facility under the termB as'oi'fered,in said giitant agteenlent(s):f, The provisions hereof and the provisions of all instruments incideritaQ,tht maldn or the ansµrt{ g of�t)teunlgss.other- wise specifically provided by the terms of such instruments, shall be (finding upon the association as long as the bonds are held or insured by the GoveT meftt.'The provisions of sections 6,;t4rgggli J�,,ftx�pli{na rbg„fir yjdµ¢;fpr }n,nlprQ,�pecific detail in the bond ;r solution or oxdinaPee; tg the exWrlt that, the,',prpyi.Alois{t:tgliOd IiiisVgh•hon.d.resolut;on or ordnance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling as between the association and tl)e Government. The vote was: Yeas Nays - 0 Absent";;-1 ,f' , :�r.r:. ;u u ; .r4 ( L --_�-- IN WITNESS WHER)rOF, the Town B ard' '"� , ; ,;ti .! ,:; ';,,•:i 3 ,t!zaYP i'I 1 f-.4;Ai J, 1 11''! "1 t ?#',the Town of Cortl an 1 lie „t ;has7duly ttddpt®d thls,Resoltition and caused it to be executed by the officers below in duplicate on this 1B t 81 a- r. ,,: i ,'f. L )t7tj1, 1 1(Y.� ' ?1,°i1 aai !i,• ,r ,,.l. ;.i ,; Town � ©D.'Iaortlandville (SEAT.) Attes . au -.nePark Mr—. - . . Title Town Clerk ri.'';'. S billeji' tTe I� SC'� T3aE ) Title ®!� CERTIFICATION1` u.,<: ! (.. 1„r.:,. !:. Town Clerk ." ,,;", •, 1. I, the undersigned, as ofthd_i -Tam of—ort3�ndTril'3'e___....__..__.._-..,._ hereby certify that the Town Board.. " ofiuch Association is composed of 5 members, of whom fp constituting a quorum, were present at a meeting thereof duly called and , t ! !i'..li✓' ate) ,i<a+, 1L"a liiltt) 1 c' `!,,'t!, held on the ist JAY day of ---�---w lA::� that=the fdregorng tesnluton was adopted at such meeting by the vote shown above; and that said resolution has:not�been rescinded of amended in any way. Doted, this -day of .. ..._...__.. _ a u.e.oPo:i�tootairees -'.`.1 i'.:ii.;rk'�u7ine H. Paxker Title Town Clerk. Position 5 USDA-Fml-IA Form FmHA 442-47 LOAN RESOLUTION (Rev. 2-5 -8 1) (Public Bodies) A RESOLUTION OF THE Town Board I OF THE Town of QQrtlandyllle AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FORIHE PURPOSE OF PRO. VIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS 5gk[er. tiysyo FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO_§tRVE.`-!f WHEREAS, it is necessary for the Town of Cortlandville (Public Body) (herein after called association) to raise a portion of the cbst:oPauchundertaking by issuance of its bonds in the principal amount of pursuant to the provisions of Local Finance Law and Bond Resolution dated, Uril 41 1272 WHEREAS, the association intends to obtain assistance from the Farmers Home Adn-dnistrationI United States Department of Agriculture, (herein called the Government) acting under the provisl - ont bftho, PQ�4 91.1404,Nin, md Rural. d e Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such n crtalting pnd to'purchasing of bonds 14 fully issued, in the event that no -other acceptable purchaser for such bonds is found by the association: NOW THEREFORE, in consideration of the premises the association hereby resolves:,! 1. To have prepared on its behalf and to adopt an ordinance or resolution for the• cop.- taining such items and In such forms -a s are f required'bg I :'STAU­­ arerepqb! and qcceptable stop, os and 4� ­44 9 01 the Government. 2. To r6finance,thq unpaid b4lance,An whole or in part. -"of its b6hds"upowithe toqdcst:of�'tho-Govemfiiolitlif"at'll.'I any time it shall appear to the Government that I the association is able to refinance its bonds by obtaining a loan for such p4rpqses from responsible cooperative or- private- sources -at-jaaspnable -rates and! terms for loans f r similar purposes and periods of time as required by section 333(c) of'suit! Consolidated Farm and Rural Develop- nient Act (7 U.S.C. 1983(c)). 3. To provide' for, 'execute, - hnd 'comply with . Form Fri HA.` "Nondiscrimination. Agreement"; and Form FmHA 400-1, "Equal Opportunity Agreement", including an "Equal Opportunity Clause", which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of O,Qoo. :4. To indemnify the Government for any payments. made or.losse6 suffered by the Government qn behalf of, the, association. Such indemnification shall .be payable fr�qm,the same 0, m4s,plp*40,pay tbe,bonds of '' - . ' ' ­_ payable I , � source Rf, fy any other legal permissible source. * : , 5. That upon de'fault in the payments of any prippipal Ano t1 e b r !A %9 i" pprfprT4,1�P'P,0 any' covenant or agreemerf c6fiiained GreiW&in tftiIWAtrilm �ts IA66nt making isUring the pan the 1_ Government, at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately Aue and payable, (b) for the 4ccqP0 Qft the,, association: (,payable; froin'thoj4ource.offurids pledged to p;iy, the. blinds- or Ally other jacufiand:pfiy,rnasofiable, uKporjqas. for -repair, mtiri- tenance, 'operation .of the Cure p. cause of default, and/or (c) take possession 0 the facility, repair; maintain, and operate of rent it. Default under the provisions of this Resolution or any instrument incident to the malting or insuring P1 thoiloon miky,ba Gmtrw.d by the Government to constitute default,under any 6ther' instruiri6rli'held'bi'the Govem'ment and executed or assumed by the association, and default under any such instrument may be construed by the Government to 4pilstitute,40ault hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, not per- mit others to do so, without the prior written consent of the Government, 7. Not to borrow any money from any source, enter lnt&any:'c6fttract or agreement !or Incur ank.otheT liabilities ? connection io connection with making enlargemidrit's" improvements or axtensi6ni'to in 0 such with the fagility (exclusive of normal maintenance) vithout;th� prl'or'w_rlt`ten,,6dp4qhf` �-the._ ov6rnmcnit if undertaking would involve, thc,so,urco of funds.pledgodito pay,thr, honds.��:, 8. To place .the proc . eeds of, the bonds on' deposit4n an,account,'in a bank,,'.and :in A Jri,znne.r -approvedby the Govemm ment. C 9. To comply with all,apphcable State and Federal laws.and -regulations and to continually operate and maintain the facility in good condition., 10. To provide fdr the receipt of adequate ts of debt ggi-0; 9, revenues' to M'edf,`fhe reqiiir6ing 4q , jlOnj', M 0. MaW7 qP tenance, and -the, establishm6nt ofadequate '�'t6gerveg',"N"oi ke6 I kM'64 iof� 'the C will -be Pohnitte'd: 11. To acquire and maintain such insurance coverage including fidelity bonds as may be required by the, Government. Wednesday, July 1, 1981 Page 4 do Supervisor Nadolski received a copy of a letter sent to the Cortland County Legislature by Legislator Del Palm. The letter was read which referred to the existing fire number system adopted by the County several years ago. Confusion still exists of the numbering system in the Lamont Circle area and hgrequested that the area be reviewed. fire numbers Cortland County Fire Co-ordinator, James LaFever, was in attendance and reviewed the existing fire numbering LamontCile system. A representative of the postal system reviewed the program a few years ago, and advised that they could use, our numbering system when they implemented their computer sorting program. • The Fire Advisory Board and the County Fire Chiefs are preparing a resolution to present to the County Legislature requesting the existing numbering system be the designated county house numbering system, excluding cities and villages. Zoning Officer, Don Fowler, reported on the selective survey recently done in the Lamont Circle area. No one objected to the fire number assigned them, but did not want to use it as their mailing address. A discussion followed whereby it was the consensus of the Town Board that this matter is a county function. If road names were to be changed, the Town Board would be willing to ;cooperate. Supervisor Nadolski requested Mr. LaFever to keep him advised of the matter. Supervisor Nadolski apprised the Town Board that Fire the Fire Commissioners recently met and elected Benny Commission Gunzenhauzer as chairman. They have also met with the fireman. Justice, Donald Eaton, reported on his attendance dog of the Animal Control Academy at Cobleskill. school Assessor, Robert Wells, reported on his attendance risk at the Risk Management Seminar at Buffalo. He recomm- management ended that the Town of Cortlandville consider joining the school organization. Completion of a defensive driving class would reflect 10% to our rate for drivers. Supervisor Nadolski has driving requested the Highway Sup't. to investigate if the course class is available at BOLES or in the area. It was the consenus • of the Town Board that our drivers take the course. RESOLUTION # 122 AUTHORIZE TOWN TO JOIN RISK MANAGE- MENT GROUP Motion by Councilman Manning join Seconded by Councilman Pierce Risk VOTES: ALL AYE ADOPTED Management Wednesday, July 1, 1981 Page 5 BE IT RESOLVED that the Town of Cortlandville is here- by authorized to join the Risk Management group. Reports of various department heads are on the table, or may be reviewed in the clerk's office upon request. A copy of a letter from ETL Testing Laboratories, ETL Tax Inc. directed to Mr. Philip Gage, president of the McGraw • abatement School Board, regarding their tax abatement program was read. Councilman Thorpe made a motion, seconded by Councilman Pierce, that the letter be received and filed. All voting aye, the motion was carried. Assessor Wells explained the tax abatement program, which each county, town and school boards must adopt their own program. Supervisor Nadolski was requested to respond to Mr. Tuckers letter expressing concern. A letter from Thoma Development Consultants Tregarding applying for various grants was received. Consultants Councilman Manning made a motion, seconded by Councilman Pierce to receive and file the letter. All voting aye, the motion was carried. pooling A letter was received from Senator Tarky Lombardi, insurance Jr. regarding pooling of insurance. A letter was received from Cortland Asphalt Products Cortland Inc. regarding a temporary price reduction on some Asphalt of their products. A motion was made by Councilman Manning, seconded by Councilman Pierce, to receive and file the letter. All voting aye, the motion was carried. A letter was received from McFarland & Johnson Engineers Inc. -regarding a meeting in McGraw on their McGraw sewer project. Councilman Thorpe made a motion, seconded sewer by Councilman Manning to receive and file the letter. project All voting aye, the motion was carried. Supervisor Nadolski requested Councilman Pierce to attend the meeting. Supervisor Nadolski apprised the Board of a meeting • held that morning with the Mayor and Clerk of the Village of McGraw. A letter is forthcoming requesting tax exemp- tion for their Trunk Line Sewer. RESOLUTION # 123 AUTHORIZE CONVERSION OF FOUR TRUCKS FROM GASOLINE TO PROPANE Motion by Councilman Manning conversion Seconded by Councilman Thorpe gasoline VOTES: ALL AYE ADOPTED to propane i Wednesday, July 1, 1981 Page 6 WHEREAS a committee has investigated the advantages of converting highway vehicles from gasoline to propane and WHEREAS assuming the cost of propane and gasoline remains the same, the town would benefit cost wise, and more efficency, and WHEREAS the committee has recommended the conversion as a result of the study, therefore BE IT RESOLVED that the Highway Sup't. is hereby authorized and directed to convert four highway trucks from gasoline to propane. RESOLUTION # 124 AUTHORIZE REQUEST FORWAIUBD TO LOWER SPEED LIMIT ON RT. 222 Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED lower BE IT RESOLVED that the Town Clerk is hereby authorized speed limit and directed to sign and forward a request to the Rt #222 County Highway Dept., and request that such be forwarded to New York State Dpet. of Transportation to lower the speed limit on New York State Highway 222 from Rte. # 281 to Lyncourt Rd. Councilman Pierce reported that the Water Board from the City of Cortland concur with us for the need of an emergence" agreement for Emergency Water.Supply. Their board 'passed water a resolution to have the attorneys proceed with the supply paperwork. It was the consensus of the Town Board that the agreement should be for an indefinite period. RESOLUTION # 125 AUTHORIZE MOVING OF WATER LINES ON McLEAN ROAD Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED move water WHEREAS the Cortland County Highway Dept. have advised lines - that they soon will be eliminating the dip in the road McLean Rd. on the McLean Rd., near the Gutchess property, and ® WHEREAS they advised .our water lines located near the culvert, at the location,need to be moved, therefore BE IT RESOLVED that the engineer and water department are hereby authorized and directed to proceed as necessary to move the water lines at an estimated cost of $ 3,000. RESOLUTION # 126 ACCEPT ELECTION INSPECTORS LIST FOR 19-81 election inspectors Wednesday, July 1, 1981 Page 7 safety shoes water dept. Justice attend seminar Motion by Councilman Pierce Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that the list of Election Inspectors for 1981 for the Town of Cortlandville, as appointed by the County Election Board is hereby accepted as submitted. Assessor Wells apprised the Town Board that the State _Labor Dept. will commense inspections regarding the OSHA Law, as advised at the Risk Management Seminar he recently attended. RESOLUTION # 127 AUTHORIZE WATER DEPT. TO PURCHASE SAFETY SHOES Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED that the employees of the Water Depart- ment are hereby authorized to purchase one pair of safety shoes, per year as required by the OSHA Law. RESOLUTION # 128 AUTHORIZE JUSTICE TO ATTEND SEMINAR AT ST. LAWRENCE Motion by Councilman Manning' Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that Justice, Donald Eaton, is hereby authorized and directed to attend a seminar at St. Lawrence University July 20 July 24, 1981, and RESOLVED that any expense incurred by same be reimbursed, subject to audit by the Town Board. RESOLUTION # 129 AUTHORIZE COURT CLERK TO ATTEND Court Clerk COURT CLERK SEMINAR attend seminar Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS Mardis Kelsen has been authorized attendance of same seminar as Village Justice at the expense of the Village of McGraw, therefore BE IT RESOLVED that Court Clerk, Mardis Kelsen, is hereby authorized to attend the Court Clerk seminar at St. Lawrence University July 20 -- July 24, 1981 at her own expense, unless cause is shown that expenses were not reimbursed. 1 • 1 • 1 Wednesday, July 1, 1981 Page 8 RESOLUTION # 130 ESTABLISH POLICY OF B'ORROWIDNG, TOWN FURNISHINGS Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED WHEREAS the Supervisor has had several request from individuals to borrow folding chairs belonging to the Town, and WHEREAS lending of such furnishings could,mean loss ® of such, therefore, BE IT RESOLVED that Town furnishing shall be used for Town Business only. RESOLUTION # 131 AUTHORIZE SUPERVISOR TO SELL FILE CABINET Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE. ADOPTED WHEREAS a two drawer legal file cabinet was purchased and is not the proper size, therefore BE IT RESOLVED that the two drawer legal file cabinet is hereby declared surplus inventory and RESOLVED that the Supervisor is hereby authorized to sell the two drawer legal file cabinet for the purchase price of $ 86.25. borrowing town furnishings filing cabinet Supervisor Nadolski apprised the Town Board of the fringe percentage cost of fringe benefits for the highway benefits employees. The retirement program is very costly. A letter was received from Martin L. Ottenschott, requesting that the Cortland Paving Co., Inc. be approved to make a sewer hookup. A moratorium is in effect for water and sewer hookups in the Town of Cortlandville. RESOLUTION # 132 AUTHORIZE MORATORIUM LIFTED FOR SEWER HOOK-UPS Motion by Councilman Pierce allow new Seconded by Councilman Thorpe applications VOTES: ALL AYE ADOPTED sewer hook ups WHEREAS a moratorium was applied to all water and sewer plumber applications per Resolution # 145, adopted November 1, 1978, therefore BE IT RESOLVED that the moratorium is hereby lifted regarding sewer hookups in the Town of Cortlandville, and Wednesday, July 1, 1981 Page 9 approve easements McGraw bridg approve application sewer• hook up RESOLVED that such application shall be submitted for approval as stated per the Sewer Ordinance. RESOLUTION # 133 AUTHORIZE SUPERVISOR TO SIGN EASEMENTS FOR BRIDGE REPAIR IN McGRAW Motion by Councilman Pierce Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Supervisor is hereby authorized and directed to sign the three temporary easements presented to allow the construction to commence for bridge improvement in McGraw. RESOLUTION # 134 AUTHORIZE CORTLAND PAVING CO. INC. -SEWER HOOKUPS- AFTER REQUIREMENTS MET Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED WHEREAS a letter was received from Martin L. Otten- schott, representative of Cortland Paving Co., Inc. requesting permission to make sewer hookups in the Town of Cortlandville, and WHEREAS the moratorium for sewer hookups has been lifted, and WHEREAS it was so determined that the letter received was not deemed a formal application, therefore BE IT RESOLVED that Cortland Paving Co. Inc. is hereby approved to install sewer hookups in the Town of Cortland- ville, and their name shall be added to the approved list after formal application is made and all require- ments of the Sewer Ordinance are met. There being no further business, Councilman Pierce made a motion, seconded by Councilman Thorpe, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:10 P.M.- Respectfully submitted, Pauline H. Parker Town Clerk 1 • • J