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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.
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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
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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
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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.
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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