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Home My WebLink About12-21-1988obi Wednesday December 21, 19B8 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 Raymond Thorpe Councilman Edwin O'Donnell ' Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline H. Parker Others present were Town attorney, Phillip Rumsc Town Highway Superintendent, Carl Bush; Town CEO, Bruce Weber; newsreporter, Chris Bernardski; and John Bolger and William Burdick. The meeting was called to order by Supervisor Pierce at 5:00 o'clock p.m. He requested that all those in attendance rise and pledge allegiance to the flag. Supervisor Pierce offered those in attendance the privilege of the floor. No comments or questions were made. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers 0600 - 648 $29,474.09 Highway Fund 359 - 379 15,337.01 Water Fund 204 - 217 90,640.88 Sewer Fund 140 - 146 33,073.96 A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to receive and file the agreement for extension of sewer to Bennie Road between Gutchess Timberlands, Inc. and the Town of Cortlandville. All voting aye, the motion was carried. The agreement stated that the property owner agrees to contribute up to $58,000.00 for the project. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file a copy of the letter to the NYS DOT from Supervisor Pierce. All voting aye, the motion was carried. The letter was a request for a traffic light at the Luker Road and Rt 281 intefsection. 3 �, 4 Wednesday December 21, 1988 Page 2 A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file the letter to the Town Clerk, Pauline Parker, from Barry Stevens, regional Traffic Engineer of the NY State Department of Transportation. All voting aye, the motion was carried. The letter was acknowledging receipt of the request by the Town to lower the speed limit on Fairview Drive Luker- Road. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file the Notice of Claim from Gary Lyon. All voting aye, the motion was carried. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file the letter from James O'Mara, Chairman of the Cortland County Legislature. All voting aye, the motion was carried. The letter was regarding the reestablishment of Agricultural District #1 and SEAR procedures. RESOLUTION #295 ADOPT RESOLUTION TO ESTABLISH A SEWER IMPROVEMENT PROJECT FOR BENNIE ROAD rn� �L p ��r eS�LI}T-take .165, o(z I989 Motion by Councilman Thorpe Seconded by Councilman Rocco 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 Sewer Improvement project for the Bennie Road area of the Town of Cortlandville, as required by Section 20'?-q (2) and 209-c of the Town Law, and WHEREAS, an Order was duly adopted by the Town Board on November 16, 1988, reciting the filing of said general plans, the improvements proposed, and the estimated expense thereof and specifying December 07, 11788 at 7:30 o'clock p.m. as the time and the said Town Hall in the said Town of Cortlandville as the place where the said Board would meet to consider the documents filed as aforesaid and to hear all persons interested in the subject thereof, concerning the same, and WHEREAS, such Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on the 7th day of December, 1988 commencing at 7:30 p.m. at the Town Hall in the said Town and discussion upon the matter having been had and all persons desiring to be heard having been duly heard including members of the Board and various other persons, and NOW, upon the evidence given upon such hearing and upon the motion by Raymond Thorpe, Councilman, seconded by Ronal Rocco, Councilman, and unanimously passed, it is RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient,, and that to establish the aforesaid sewer improvement is in the 0 I 1 public interest, and it is further 365 Wednesday December 21, 1988 Page 3 RESOLVED AND DETERMINED, that the establishment of a sewer improvement as proposed in said plans be authorized pursuant to Section 209-q (6) (c) of the Town Law; that the improvement therein mentioned be constructed and the service therein mentioned be provided for; and that such improvement shall be designated and known as the "Bennie Road Sewer Improvement", and it is further RESOLVED, that the proposed improvement, including costs or rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximated to be a maximum of $166,000.00 shall be financed as follows„ $58,000.00 payment to the Town from Cortland Timberlands Inc. and the balance will be financed with bonds issued by the Town of Cortlandville for a term of a maximum of 15 years and at the interest rate prevailing at the time of sale, said bonds to be retired by payments received from the users and benefitors of the sewer improvement through sewer rates, charges and fees in the first instance, and only if necessary by Town charges, and it is further RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution file a certified copy thereof in the Office of the Cortland County Clerk as provided for by the Town -Law, Section 209-q (6) (c), and it is further RESOLVED, that this Resolution is adopted subject to permissive referendum. - RESOLUTION #296 SET DATE FOR PUBLIC HEARING CORTLAND TIMBER CORPORATIONS - AQUIFER SPECIAL PERMIT Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Homer Gutchess, of Cortland Timber Corporation, has submitted a request for a special -permit to develop over the Aquifer-, and WHEREAS, this permit has been referred to the Cortlandville Planning Board, and WHEREAS, the continuing process requires a Public Hearing before the Town Board, therefore BE IT RESOLVED, that a Public Hearing shall be held before this Town Board on January 04, 1989 at 7:30 p.m., to review said application, contingent on acceptance by the Cortlandville Planning Board and the Cortland County Planning Board. RESOLUTION ##297 AUTHORIZE BUDGET OFFICER TO TRANSFER MONIES - HIGHWAY DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer of the Town of Cortlandville is hereby authorized and directed to transfer $10,000.00 from D85142.4 to DB5130.4 to cover the last of expenses for 1988. 3(,(a Wednesday December 21, 1988 Page 4 RESOLUTION #298 REFERRAL TO CORTLANDVILLE PLANNING BOARD - ZONE CHANGE - JOHN BOLGER OWEGO ST. - STUDENT HOUSING Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a request was made to the Town Board from John Bolger for a zoning change from Residential R-2 to Residential R-3 at tax map parcel no. 96.33-01-09.1 located on Owego St., and WHEREAS, the next step in the process of acquiring a zone change is to present this request to the Cortlandville Planning Board, therefore BE IT RESOLVED, that said request from John Bolger for a zoning change is hereby referred to the Cortlandville Planning Board for review. RESOLUTION #299 AUTHORIZE BOOKKEEPER TO SET CUTOFF DATE TO RECEIVE VOUCHERS FOR 1988 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Bookkeeper has to close out the books for 1988, therefore BE IT RESOLVED, that the Bookkeeper for the Town"of Cortlandville is hereby authorized to set the date of December 27, 1988 as the cut off date to receive vouchers for 1988, and also RESOLVED, that such vouchers shall be paid on December 28, 1988. RESOLUTION #300 AUTHORIZE SUPERVISOR TO JOIN UFPO Motion by Councilman Testa Seconded by Councilman O'Donne:ll VOTES: ALL AYE ADOPTED WHEREAS, the Supervisor of the Town of Cortlandville has received information from the Underground Facilities Protection Organization describing the benefits of joining their organization, which locates buried wires and services in the Town, therefore BE IT RESOLVED, that the Supervisor is hereby authorized and directed to join AFPO for an annual fee of $200.00. RESOLUTION #301 AUTHORIZATION TO RETAIN THE FIRM OF RYAN AND RUMSEY - LEGAL COUNSEL Motion by Councilman Thorpe Seconded by Councilman O'Donne:l.l VOTES: ALL AYE ADOPTED 367 Wednesday December 21, 1988 Page 5 BE IT RESOLVED, that pursuant to Town Law Section 20 (2) (b) this Board hereby employs and retains the services of Ryan & Rumsey, with offices at 25 south Main St., Homer, New York, to provide such professional services and advice as this Board.may require for the year 1989 on a basis not to exceed the total amount of $17,000.00, and shall be paid,from.A1420.1 and be it further RESOLVED, that the Town Supervisor is hereby authorized to execute a contract with said Phillip R. Rumsey for said services effective -January 01, 1989. RESOLUTION #302 AUTHORIZE SUPERVISOR TO SIGN HAYES AMBULANCE CONTRACT FOR 1989 Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to sign the 1988 contract with Hayes Ambulance Service; -.and RESOLVED, that the contract shall be in the amount of $6,034.00, and. such payment shall be made in one installment from -account A4540.4. RESOLUTION #303 AUTHORIZE THE SUPERVISOR TO SIGN THE CORTLAND FREE LIBRARY CONTRACT - 1989 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 sign the contract with Cortland Free Library for the year 1989, and . RESOLVED, that the total fee for the Cortland Free Library shall be in the amount of $36,.180.00, to be paid in monthly payments from B7410.4. RESOLUTION #304 AUTHORIZE SUPERVISOR TO SIGN THE MCGRAW LAMONT LIBRARY CONTRACT - 1989 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to sign the contract with McGraw Lamont Library for the year 1989, and RESOLVED, that the total- fee for the McGraw Lamont Library shall be in the amount of $4,000.00, to be paid in quarterly payments from B7410.4. 34:,g Wednesday December 21, 1988 Page 6 RESOLUTION #305 AUTHORIZE SUPERVISOR TO SIGN THE S.P.C.A. CONTRACT FOR 1986 Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to sign the 19B9 contract for Dog Control Officer and sheltering with the S.P.C.A. , and RESOLVED,that a revenue payment shall be made on a monthly basis, based on all revenue derived from the dog control program, and the annual consideration shall not be less than $12,000.00. RESOLUTION #306 AUTHORIZE SUPERVISOR TO SIGN THE 198f? AGREEMENT WITH ATLANTIC -INLAND INC. FIRE UNDERWRITER Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to sign the agreement -for the year 1989 with New York Atlantic -Inland Inc. - Fire Underwriters, to administer the fire prevention portion of the New York State Uniform Fire Prevention and Building code. This year's contract for service shall be in the amount of $5,750.00, payable in equal quarterly installments to be paid from B3620.4. RESOLUTION #307 AUTHORIZE BUDGET OFFICER TO TRANSFER MONIES - ASSESSOR Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer $2,000.00 from A1355.4 -to A1355.2 for the purpose of purchasing a computer for the Town Assessor. A motion was made by Councilman Thorpe, seconded by Councilman Testa, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:15 p.m. Respectfully submitted, Pauline H. Parker CMC Town Clerk Town of Cortlandville 1 0 1