HomeMy WebLinkAbout10-03-1979196 Wednesday, October 3, 1979 .7:30 P.M. page 1
The regular meeting of the Town Board for the month of October
was held at 7:30 p.m. at Town Hall, 15 Terrace Road, Cortland, NY
with Supervisor Nadolski presiding. Board members present were
Councilman, Warren Manning; Councilman Melvin Pierce; Councilman
Raymond Thorpe and Town Clerk Pauline Parker. Others present were:
Attorney, John Fowler; Deputy Town Clerk, Bonnie Call; Confidential
Sec'y, Edna Puzo; Justice, Donald Eaton; Zoning Enforcement Officer,
Don Fowler; Engineer, Charles Feiszli; Assessor, Robert Wells; Water
& Sewer Sup't, Fred Walker; Highway Sup't, Carl Eaton; and news -
reporter, Skip Chapman. Also in attendance were Mrs. Joseph Natoli
and a student from SUNY at Cortland.
The meeting was called to order by Supervisor Nadolski.
Reading of the minutes of the previous meeting was dispensed
with as all board members had received copies prior to the meeting.
There being no additions or corrections, Councilman Manning made
a motion, seconded by Councilman Thorpe, to accept the minutes
as written. All voting aye, motion was carried.
RESOLUTION # 147 AUTHORIZE PAYMENT OF VOUCHERS FOR SEPTEMBER
Motion by Councilman Manning
audit of Seconded by Councilman Thorpe
bills VOTES: All AYE ADOPTED
BE IT RESOLVED that the vouchers submitted for the month of
September have been audited and shall be paid as follows:
General Fund
Vouchers #336
- 398
$28,638.91'
Highway
#229
- 247
21,721.58
Water District
#1
#113
- 128
2,577.88
Water District
#2
# 6
229.20
Water District
#3
# 4
433.48
Water District
#4
# 5
298.66
Water District
#5
# 5
150.92
Sewer District
#1
# 18
- 19
71.34
Total
$54,121.97
Reports of department heads are on the table to be reviewed.
The reports are also on file in the Town Clerk's office and may
be seen upon request.
State Councilman Manning and Councilman Pierce reported on the
Public State Public Hearing they recently attended in Binghamton. The
Hearing Purpose of the hearing was to discuss New York States role in the
fiscal affairs of its local governments.
Correspondence was read from the First National Bank of
Bond Cortland in regards to Bond Anticipation Notes needed for the
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Totes McLean Trunk Line Sewer. They stated they would issue these
notes when needed for an estimated 62% - 72% interest rates.
Supervisor Nadolski has been advised that it
Sales for the Town Board to adopt a similar resolution
Tax to advise the County Legislature°*the exact amount
receive in cash, from the County Sales Tax.
1
will be necessary •
again this year
we want to
Supervisor Nadolski referred to the wording of Resolution
#143 of September 5, 1979• Woodridge Subdivision had been
accepted. It is Allen Drive Extension, which is yet to be
accepted.
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Wednesday, October 3, 1979
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RESOLUTION # 148 RESCIND RESOLUTION #143 OF 1979_
Motion by Councilman Manning
Seconded by Councilman Pierce
VOTES: All AYE ADOPTED
BE IT RESOLVED, that Resolution #143, adopted September
5, 1979, is hereby rescinded.
RESOLUTION # 149 AUTHORIZE RELEASE OF PERFORMANCE BOND
FOR ALLEN DRIVE EXTENSION UPON APPROVAL
Motion by Councilman Manning
Seconded by Councilman Pierce
VOTES: All AYE ADOPTED
Rescind
Res #143
Performanc
BE IT RESOLVED, that authorization is hereby given Bond -
to release the Performance Bond for Allen Drive Ext. Allen Dr
if the Town Engineer, Town Attorney, and Town Supervisor Ext.
determine that it has been completed in accordance with
the applicable specificaticons.
Supervisor Nadolski asked for a briefing of the/�rohibition
of parking in Fire Lanes in the Town.
Zoning Officer, Don Fowler, stated Jack Harvey was
appointed by Homer Fire Chief, Bruce Moss, to work with him. fire
They have met and have suggestions in order. The next step lanes
is to meet with the Town Attorney and draw up a suitable plan.
A discussion followed as to who would enforce the
restrictions. Supervisor Nadolski will contact the Sheriff.`�s
Dept. and request their assistance for enforcement of such.
Justice, Donald Eaton will use the meeting room the JUsticE
third Thursday of each month at 6:30 p.m. to hold Small Claims meeting
Court, subject to changes due to holidays. room
Engineer, Charles Feiszli reported, on the progress of
McLean Trunk Line Sewer. The survey is complete, and the
design is started. The outfit contracted for soil borings
are due to start Oct. 4th.
Attorney Folmer advised that it is permissable to start fire
both proceedings at the same time with regards to abolishing disc.
the existing fire district and establishing the new one.
Supervisor Nadolski stated that we have received more
sales tax revenue this year than was anticipated.
RESOLUTION # 150 REQUEST AMENDMENT TO SECTION 271 OF THE
HIGHWAY LAW
Motion by Councilman Thorpe
Seconded by Councilman Manning
Votes: All AYE ADOPTED
BE IT RESOLVED that the Town Board of The Town of Cortland-
ville approves the legislation proposed by Senator
Lombardi amending Section 271 of the Highway Law to
increase the dollar limitation in said section as
applicable to the Town of Cortlandville.
sales
tax
am nedst
Highway
Law
198 Wednesday, October 3, 1979 page 3
RESOLUTION # 151 AUTHORIZE SUPERVISOR TO SIGN MAINTENANCE
CONTRACT WITH PITNEY POWES FOR COPYING
Motion by Councilman Manning
Maintenance Seconded by Councilman Thorpe
Contract VOTES: All AYE ADOPTED
copying machine
BE IT RESOLVED that the supervisor is hereby authorized
and directed to sign the Equipment Maintenance Agreement
with Pitney Bowes for a one-year period for the copying
machine. The cost shall not exceed $780.
The contract with Cortland Free Library expires Dec. 31,
Library 1979• They have requested an increase of $1,900. The Contract
Contract for 1979 was in the amount of $19,000.
The Town Board decided to investigate further. No action
was taken.
Highway Sup't, Carl Eaton, has submitted his inventory
Highway of highway equipment. He'has recommended the purchase of the
inventory foli)wing equipment:
1. a 4-wheel drive snow fighter 4X4 $90,000.
2. 10 wheel dump truck with plow equip. 70,000.
3. a 4-wheel drive pick-up.4X4 9,000.
This matter will be discussed further at budget time.
Highway Sup't, Carl Eaton, explained the Donovan Program.
This is a Town Highway Road Improvement Program. The state will
Donovan reimburse the town 40% up to $4,500 per,mi.le for resurfacing
Program and 40% up to $18,000 per mile for reconstruction. He has
recommended four roads to be submitted.
RESOLUTION # 152 AUTHORIZE SUPERVISOR TO SIGN APPLICATION
FOR TOWN HIGHWAY ROAD IMPROVEMENT PROGRAM
Motion by Councilman Thorpe
Seconded by Councilman Manning
VOTES: All AYE ADOPTED
RESOLVED, that the plan prepared at the request of this
Board for the improvement of town highways and covering all
fill projects contemplated,by it, pursuant to Article 8-A
Highway Law, as filed in the office of the Town Clerk of
the Town of Cortlandville, County of Cortland, on the 3rd
day of October, 1979, be and the same is hereby adopted;
and be it further
RESOLVED, that copies of such plan be filed in the appro-
priate State and County offices in accordance with the
provisions of Section 220, Article 8-A Highway Law, and
RESOLVED, that Freetown Road, Cosmo Hill Road, Snell Road
and Stupke Road is hereby added to the Town Highway
Improvement program for 1980.
RESOLUTION # 153 SETTING DATE FOR A PUBLIC HEARING OF
FEDERAL REVENUE SHARING FUNDS
Federal Motion by Councilman Thorpe
Revenue Seconded by Councilman Pierce
Sharing VOTES: All AYE ADOPTED
BE IT RESOLVED that a Public Hearing will be held at the
Town Hall, 15 Terrace Road, Cortland, NY on November 1,
1979 at 7:30 p.m., for the purpose of the proposed use
of Federal Revenue Sharing Funds as required by law.
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Wednesday, October 3, 1979
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RESOLUTION # 154 SETTING DATE FOR SECOND PUBLIC HEARING
OF FEDERAL REVENUE SHARING FUNDS
Motion by Councilman Thorpe Federal
Seconded by Councilman Manning Revenue
VOTES: All AYE ADOPTED Sharing
BE IT RESOLVED, that the second Public Hearing will be
held at the Town Hall, 15 Terrace.Road, Cortland, NY,
on November 8, 1979 at 7:30 p.m. for the purpose of the
proposed use of Federal Revenue Sharing Funds, as required
by law.
• RESOLUTION # 155 SETTING DATE FOR A PUBLIC HEARING OF THE
PRELIMINARY BUDGET FOR 1980
Motion by Councilman Thorpe
Seconded by Councilman Manning
VOTES: All AYE ADOPTED
BE IT RESOLVED, that a Public Hearing will be held at the
Town Hall, 15 Terrace Road, Cortland, NY, on November 8,
1979 at 7:45 p.m. for the purpose of the Preliminary Preliminar
Budget for.1980, and further Budget
RESOLVED that the Town Clerk is directed to make 20 copies
for distribution at the hearing.
Town Clerk, Pauline Parker, apprised the Board of a copy
of a law suit she had received in the mail, Monday', Oct. 1, 1979•
The New York Telephone Co. is filing suit against the State law
Board of Equalization and Assessment-. This is in regards to suit
their Special Franchise Assessment', in which the state sets the
values.. We are not directly involved in the action; but could
be affected if changes in values occurred.
Councilman Manning made.a motion to receive and file the
suit. Councilman Pierce seconded the motion. All voting aye,
motion was carried.
Supervisor Nadolski advised that the new telephone system
is installed and the change over will occur next Friday.
A letter received from the New York Telephone Co. was telephon
read explaining their rates for the change. system
Elizabeth Wright had to resign her position of cleaning
Town Hall due to health reasons. Jane Harrington has been
hired to replace her.
Town.Clerk, Pauline Parker, stated that she has received
the tentative budget from the supervisor, and has distributed tentative
® copies.to the Town Board to be reviewed. Councilman Manning budget
made a motion, seconded by Councilman Pierce to receive and
file the tentative budget. All voting aye, motion was carried.
The Town Clerk apprised the Town
Board
that
arrangements
Drakes
have been made with Tom Gros.si, co-owner
of
Drakes Diner, and
Diner
the total.payment of sewer charges is
expected soon.
Supervisor Nadolski-apprised the
board
that the Town
Clerks.account has been corrected due
to an
error and also
clerks
an adjustment has been made due to a
change
in personnel,
which shows an expected surplus.
account
200 Wednesday, October 1, 1979 page 5
Supervisor Nadolski apprised the board that we have
received fill needed for the recreation field behind the
recreation
Municipal Building, and it has been graded. It is hopeful,
field
that we will receive top soil from SCM, when they make
preparations for a parking lot. With the assistance from
the boys of Camp Georgetown, the ball field should be
ready for use next year.
The Town Engineer has prepared the application, to
forward, for funding, of`the program.
RESOLUTION # 156 AUTHORIZE SUPERVISOR TO SIGN DIVISION
OF YOUTH FUNDING APPLICATION
•
Motion by Councilman Pierce
Youth
Seconded by Councilman Manning
Funding
VOTES: All AYE ADOPTED
Application
BE IT RESOLVED, that the Supervisor is hereby authorized
and directed to sign the Division of Youth Funding
Application and forward to the necessary agencies.
Supervisor Nadolski stated processes are in order for
Trunk funding of the McLean Road Trunk Line Sewer. We have been
Line assured of $129,000 for bonding from FHA, $516,880. from ARC,
Sewer and the funds are forthcoming from all applications. As soon
as the design is completed, we can go out for bid on the
project.
A discussion ensued -in regards to establishing a policy
for continuance of the Health Insurance -Program, -for an
Health employee, or their family, who has had ten years of service
Insurance to the town, which has been terminated by death or retirement.
Councilman Manning made a motion, seconded by Councilman
Thorpe, to table the matter for further investigation. All
voting aye, motion was carried. No action was taken.
Cgorrespondence was received from Homer National Bank
and The First National Bank of Cortland, in regards to
Banks - fees for collection of taxes. The Town Board requested the
taxes attorney to investigate the legal aspects of the matter,. No
action was taken.
There was a discussion in regards to conformance of the
of the Building Code at Sherbrook Apts. Attorney Folmer
Sherbrook advised that there are two multiple dwelling laws in effect
Apts. in New York State. The multiple dwelling law applies to
large towns. The multiple residence law applies to municipal-
ities of our size. They are very complicated and have
sophisticated requirements,- with the responsibility of enforce-
ment left at the local levels.
The multiple residency law was enacted around 1952. The
Sherbrook Complex was built around 1966.
No one on the existing board was serving at that time,
but we are all aware of the_,existance of the law. Any indication
that this town board overlooked something in 1966 is inapprop-
iate.
Historically, in our area, Zoning Laws, Building Codes,
etc., have been enforced on a complaint basis. Whether or not
the Board sitting in 1966 overlooked any requirement,cannot
be obtained until a review of the facts is completed.
With regards to the recent complaints on Sherbrook Apt's.,
whether or not there is actually a violation of the law, will
have to be determined.
A building inspection will be done after the Town Engineer
has reviewed the plans, and an analysis of statutes is complete.
A decision will be made at that time.
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Wednesday, October 1, 1979
page 6
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Water and Sewer Sup't, Fred Walker, stated that Dr.
Potter has three lenghts.of water main pipe left and has
asked if the Town would be interested in purchasing them.
RESOLUTION # 157 AUTHORIZE WATER AND SEWER SUP'T TO
PURCHASE WATER MAIN PIPE
Motion By Councilman Manning
Seconded by Councilman Pierce
VOTES: All AYE ADOPTED
WHEREAS Dr. Potter has three lengths of water main pipe
left from his project which has been completed, therefore
BE IT RESOLVED that authorization is hereby given to the'
Water and Sewer Sup't to purchase the excess water main
pipe for about $100 per length.
The file cabinet and contents that Attorney Gardner had
in his office has been brought to Town Hall and is in the
Town Clerk's office.
Attorney Folmer advised that the situation of the Fire
Lanes at Woodridge, should be resolved soon.
RESOLUTION # 158 ELECTION INSPECTORS SHALL BE PAID BY
VOUCHER
Motion by Councilman Manning
Seconded by Councilman Pierce
VOTES: All AYE ADOPTED
WHEREAS, the examination of the records of the Town by
the Dept of Audit and Control indicated that standard
payroll deductions be made from the compensation of
election inspectors employed by the Town, and
WHEREAS, further investigation by town officials
indicates that such deductions are not required, and
WHEREAS, the Dep't. of Audit and.Control has indicated
its concurrance with the conclusion reached by the
town, therefore
BE IT RESOLVED, that election inspectors employed by
the Town shall be compensated by the voucher method
as has been previously done, -without payroll deductions.
A Public Hearing will be held at 7:30 P.M. on October
9, 1979, to hear comments of the proposed Dog Control Ord-
inance for the Town of Cortlandville.
The Town Clerk was requested to obtain the services of
a stenographer for the hearing. The Town Clerk will prepare
15 copies of the proposed ordinance to be available for the
public to review in advance and for the hearing.
There being no further business, upon motion of Council-
man Pierce, seconded by Councilman -Thorpe, all voting Aye,
the meeting was adjourned at 9:00 P.M.
purchase
water
pipe
Attorne:
Gardner
files
Fire
lanes
Woodrid;
election
inspector
Respectfully submitted,
Pauline H. Parker
Town Clerk