Loading...
HomeMy WebLinkAbout12-17-1986323 Wednesday, December 17, 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 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; Zoning and Code Enforcement Officer, Bruce Weber; Assessor, David Briggs; News Reporter, Kevin Conlon; Roy Rounseville, and town resident, Bob Moore. The meeting was called to order by Supervisor Pierce at 5:00 o'clock p.m. Supervisor Pierce offered those in attendance the privilege of floor. Bob Moore, Pheasant Run, asked what the status was Bob Moore - of the court proceedings in regard to the pending Paul Town litigation Stupke litigation. Action on this matter has not been apparent. Supervisor Pierce responded that he recently appeared in our court, further action is pending. Attorney Rumsey confirmed this. A motion was made by Councilman Thorpe , seconded by Councilman O'Donnell, to receive and file the N.Y.S. Department of Transportation Work Permit. All voting aye, the motion was carried. This permit was required for the construction of the N.Y.S. Route 281, College Field Water Improvement. Rec. & File D.O.T. Work Permit Rt.281 W & S improve A motion was made by Councilman Thorpe , seconded Rec. & File by Councilman O'Donnell, to receive and file the Annual Water supply Water Supply Inspection for the town, from the Cortland inspection • County Health Department, Division of Environmental Health. All voting aye, the motion was carried. A motion was made by Councilman O'Donnell, seconded Rec. & File by Councilman Thorpe, to receive and file the Govt. Ins. Governmental Insurance Disclosure Statement as filed by Disclosure Uni-Service Excess Facilities, Inc. All voting aye, the motion was carried. This statement relates to the New York State Disability Insurance coverage recently purchased for Town of Cortlandville employees. A motion was made by Councilman Thorpe , seconded Rec. & File by Councilman Rocco, to receive and file the D. Thomas verification of course completion for David P. Thomas. course cent. All voting aye, the motion was carried. 324 Wednesday, December 17, 1996 Page 2 Supervisor Pierce advised those present that David Thomas obtained a score of 94.4 on this exam, and will be eligible for his Class D licenses after completing one years employment in his current position with the Town. Rec. & File A motion was made by Councilman O'Donnell, seconded D.O.T. work by Councilman Thorpe, to receive and file the N.Y.S. permit Department of Transportation Work Permit. All voting "Village Pk." aye, the motion was carried. This permit was required to complete water connections in the highway right-of-way during construction of the "Village Park" development project of David Yaman and Barden Robeson Construction on Tompkins Street. Z.B.A. RESOLUTIO'.N #253 ACCEPT RESIGNATION OF JON D. HAIGHT J. Haight - MEMBER ZONING BOARD OF APPEALS Resign Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the resignation of Jon D. Haight, as a member of the Town of Cortlandville Zoning Board of Appeals, is hereby received and accepted, effective December 31, 1986. Z.B.A. RESOLUTION #254 ACCEPT RESIGNATION OF DAVID FINN D. Finn - MEMBER ZONING BOARD OF APPEALS Resign Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the resignation of David Finn, as a member of the Town of Cortlandville Zoning Board of Appeals, is hereby received and accepted, effective December 31, 1986 Supervisor Pierce requested that the councilmen advise him of individuals names that might be willing to serve on the Zoning Board of Appeals, as appointments must be made for 19e7. Bd. Assessment RESOLUTION #255 AMEND TERMS OF OFFICE - BOARD OF Review - amend ASSESSMENT REVIEW office terms Motion by Councilman O'Donnell Se(-c)Tir!ed by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, in the past terms of office for members of the Board of Assessment Review have commenced on May 1st, and expired on April 30th, for a five year period, of a given year, and WHEREAS, the Division of Equalization and Assessment has stated that terms of office shall commence on October 1st, and expire on September 30th, for a five year period, of a given year, therefore 1 • 1 40 325 Wednesday, December 17, 1986 Page 3 BE IT RESOLVED, that the terms of office for members of the Cortlandville Board of Assessment Review shall be amended to read, Dexter Paddock, expiration September 30, 1987, and Charles Proctor, shall expire on September 30, 1989. RESOLUTION #256 AUTHORIZE PROCESS FOR AMENDING THE Auth. Process to TOWN ZONING LAW Amend Zoning Law • Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, requests have been received from Town Clerk, Pauline Parker, and Zoning and Code Enforcement Officer, Bruce Weber, that an amendment be made to the current Town of Cortlandville Zoning Law, adopted February 1986, and WHEREAS, Zoning Officer Weber, has advised the Board that his requests for change are required by the Federal Emergency Management Agency, therefore BE IT RESOLVED, that the town attorney is hereby authorized and directed to begin the required process to amend the zoning law of the Town of Cortlandville. RESOLUTION #257 AUTHORIZE ATTORNEY TO PROCEED WITH Court Action AN ACTION AGAINST SMITH CORONA against Smith CORP. - WATER CONTAMINATION Corona. Corp. Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the local Cortland County Board of Health ("Board") has received complaints relative to the discovery of the chemical TCE in Cortlandville ground water, and WHEREAS, the Board would deem the presence of TCE in Cortlandville groundwater to be a public health nuisance, and WHEREAS, an investigation has shown that a plume of volatile organic contamination approximately one -quarter mile wide by three-quarter mile long, located in the Cortlandville aquifer is moving downgradient of the Smith Corona Corporation located at 839 Route 13, South is Cortland, New York in the Town of Cortlandville, and WHEREAS, Smith Corona Corporation has used TCE at its facility and has stored both waste and product TCE, and WHEREAS, a sampling of Smith Corona's cooling water outfall, a point source discharge, indicated the presence of TCE, and a sampling of the Smith Corona settling pond indicated the presence of TCE, and WHEREAS, the investigation conducted by the New York State Department of Environmental Conservation and Cortland County Health Director have identified the Cortlandville facility of the Smith Corona Corporation as a source of the TCE contamination of the groundwater, and 236 Wednesday, December 17, 1986 Page 4 WHEREAS, the Cortland County Public Health Director has concluded that Smith Corona Corporation did cause, suffer, permit or allow certain chemicals including chlorinated solvents to contaminate the groundwater, and WHEREAS, the contaminated plume has polluted individual wells and the aquifer in the Town of Cortlandville, NOW, THEREFORE, BE IT RESOLVED, that the Attorney for the Town of Cortlandville, be and hereby is directed to commence an action in Federal Court against Smith Corona Corporation, for the purpose of seeking the following relief: 1. A judgement directing Smith Corona Corporation to completely and permanently abate the nuisance at the sites and their environs caused by the presence, migration, and threat of migration of hazardous substances, by taking such actions as the Court shall find to be necessary and sufficient, and 2. A judgement directing Smith Corona Corporation to reimburse the Town of Cortlandville and assume all costs and expenses incurred and to be incurred by the Town of Cortlandville for its response to the pollution described above, including investigation, assessment, removal and remediation of contamination at and emanating from the Smith Corona Corporation facility, and 3. A judgement requiring Smith Corona Corporation to reimburse the -Town of Cortlandville for any and all costs and expenses for the response to releases and threatened releases of hazardous substances from the site, and 4. A judgement granting interest, reasonable attorneys' fees and the costs and disbursements of the action, and 5. A judgement granting such other and further relief as the Court deems just and proper. Rocco - T.D.R. Councilman Rocco commented, that as a customer, he Oil Inc. has observed the operation of T.D.R. Oil Inc., the self service oil change business located on Rt. 281. Based on his observation of their operation, he felt confident that product and waste oil was being properly handled in relation to the businesses proximity to City Water Board property. Rocco - Groton Councilman Rocco, inquired how the Groton Avenue, Ave. Rt. 281 Rt. 281 water improvement project was progressing. He W & S improve. expressed his concern, that sales volume of area business might be negatively affected by the construction. Supervisor Pierce stated that work in this area is near completion. The state will soon be undertaking a road widening project in this same area. Engineer, Hayne Smith, indicated that on the job conversations with area business people have not indicated a problem or hardship. 1 C7 1 1 327 Wednesday, December 17, 1986 Page 5 RESOLUTION #258 AUTHORIZE PAYMENT OF VOUCHERS DEC. Motion by Councilman O'Donnell 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 #604-627 $23,545.89 Highway Fund 287-311 36,432.05 Water Fund 155-166 6,123.04 Sewer Fund 93-95 3,921.27 A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to adjourn the regular meeting, and convene to an executive session, concerning a personnel problem and pending litigation. All voting aye, the motion was carried. The following information was received from the Supervisors office. Payment of Vouchers A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to adjourn the executive session, and reconvene the regular meeting. All voting aye, the motion was carried. RESOLUTION # 259 AUTHORIZE RETROACTIVE OVERTIME PAY- R. Rounseville R . ROUNSEV I LLE - PROJECT INSPECTOR Over -time pay GROTN AVE.- WATER & SEWER IMPROVE. Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a discussion was held during the executive session of this Town Board meeting, regarding the reimbursement of Roy Rounseville, for his service in excess of forty hours as project inspector for the Groton Avenue, N.Y.S. Rt. 281 Water and Sewer Improvement, therefore BE IT RESOLVED, that authorization is hereby granted to pay Roy Rounseville time and a half for services rendered in excess of forty hours per week, in the position of project inspector, and RESOLVED, that this reimbursement for services shall be retroactive to September 9, 1986. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting adjourned at 6:00 o'clock p.m. Resp ctfull sub fitted, Pauline H. Parker Town Clerk Town of Cortlandville