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HomeMy WebLinkAbout08-02-1978Wednesday August 2, 1978 7;30 P.M. Page 1 1 1E it .1 The regular Town Board Meeting for the month of August was held at 15 Terrace Road, Cortland, New York with Supervisor.-'Nadolski presiding. Others present were: Councilman Ray Thorpe, Councilman Ray Miller, Councilman Melvin Pierce, Others present were Town Clerk, Pauline Parker, Deputy Clerk Nancy Ross, Zoning Enforcement Officer Don Fowler, Town Assessor Robert Wells, Water & Sewer Superintendant Fred Walker, Sr., and Highway Superintendant Carl Eaton, also present were Legislator Delmar Palm, Justice Donald F. Eaton, General Clerk Edna Puzo, Newsreporter Skip Chapman and several Town Residents. The Meeting was called to order by Supervisor Nadolski at 7:30 p.m. Reading of the minutes of previous meetings was dispensed Min. Approved with as all board members had reviewed copies prior to tonights meeting. Upon motion by Councilman Ray Thorpe, seconded by Councilman Ray miller, all voting aye, the minutes of the last regular meeting were approved as written. RESOLUTION # 106 AUTHORIZATION TO PAY BILLS AS AUDITED FOR Pay Bills JULY Motion by Councilman Ray Thorpe, seconded by Councilman Melvin Pierce. Votes: All Aye Adopted. BE IT RESOLVED, that the bills be paid as audited for the month of July, 1978. General Fund Water Dist. #1 Water Dist. #5 Highway Totals Claims 269-318 82- 91 5- 6 173-189 $ 55, 247.56 1,852.84- 93,210.93 19,673.00 $169, 984.33 Reports The Reports for the following offices are available in the Town Clerk's Office: a. Town Clerk's Report to the Supervisor b. Zoning Enforcement Officer, Don Fowler's report of building permits issued c. Justice Eaton's report d. Supervisor's monthly financial statement Supervisor Nadolski requested a motionrescinding Resolution # 24 authorization for costs of a preliminary appraisaland court action to be charged to the town general fund expense in the amount of $ 2000.00. On motion made by Councilman Pierce, seconded by Councilman Ray Thorpe, All Voting Aye Motion carried. RESOLUTION # 107 RESCINDING. RESOLUTION # 24. OF FEBRUARY 1, 1978 WHFREAS,authorization was given to charge the costs Rescind Res. of a preliminary appraisal and the full court action in re- # 24 gard to the Barker's certiorari to the Town's General Fund account. Said amount to be $ 2000.00. BE IT RESOLVED, that authorization is hereby given for approval of a $ 2000.00 transfer from the Unemployment Ins- urance Fund (A9050.8) to (A 1355•4) the Assessor's Contractual Account. BE IT FURTHER RESOLVED, that Resolution # 24 of February 1, 1978 is hereby rescinded. On motion by Councilman Miller, seconded by Councilman Pierce, the minutes were approved as amended. Votes: All Aye. Motion carried. 72 Wednesday, August 2, 1978 Page. 2 RESTORATION SEWER # 1 All restorations have been completed for sewer district # 1 except in front of Justice Eaton's house. Stan Payne says he will be replacing four shrubs and a tree in front -of the house. He will be paid in full when this is completed. WATER DISTRICT #5 Mrs. Bidwell had the limbs of -'.three trees cut off. She estimates the cost of this to be $ 500.00. Joe Stolar (the contractor) refuses to pay for this. There is no water easement out Here, therefore we are not responsible. She should contact Stolar's attorney for payment. STOP LIGHT FOR • FIRE STATION Supervisor Nadolski read a letter of July 13, 1978 sent to him by Raymond Novak of the Department of Transportation. They have reviewed the situation at the referenced fire station. The study showed a signal was not favorable. The study did show however, that the placement of flashing beacons located in the North & South bound lanes have already been placed on the work program for the year. Completion date depends on work load and availability of materials. D.P.W LOCKO-GI;AZERS Last month permission was given to the Department of Public Works to make a study of infiltration and the affluent from Locko-Glazers. This outline showed that two hours after the rain, a sizable surge showed in our sewerline. When we have another storm they will be putting dye in to see if they could run it down. LOCKO-GLAZERS COMPLAINT Councilman Melvin Pierce reported on Locko-Glazer's Complaint. A meeting with Vice -President William J. Christopher, Supervisor Stanley Nadolski, Councilman Melvin Pierce and Councilman Ray Thorpe to be held on August 3, 1978. BARKER'S PENDING S UIT Assessor Robert Wells apprised the board that we have received the appraisal for Barker's. It has been turned over to the Administrative Judge, Howard A. Zeller in Wampsville. The trial in non-j-}ry term is scheduled for November 27, 1978 in Cortland County Supreme Court before the Honorable Paul J. Yesawich. This trial is a very im- portant one because it is the first one that has taken place in court since the Cortland County re-evaluation has been completed. RESOLUTION # 108 AUTHORIZATION FOR ASSESSOR ROBERT WELLS TO SEEK AN ATTORNEY FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Ray Miller, seconded by Councilman Ray Thorpe. All Votes: Aye Adopted. WHEREAS, Robert Wells requested the permission of the Town Board to seek representation of a duly qualified attorney in the field of certiorari work. BE IT RESOLVED that authorization is hereby given to Robert Wells to seek representation for the Town of Cortlandville in the Barker's proceedings. PLANNING BOARD VACANCY Gordon Hatheway, Chairman of the Planning Board has recently moved from the Town of Cortlandville. The opinion presented by our attorney, John J. Gardner, was because of this he could no longer sedrve on the Planning Board. Another appointment will be made at a:: later time. Wednesday, August 2, 1978 Page # 3• Legislator --Delmar Palm questioned Mr. Hatheway's DELMAR PALM eligibility for re -appointment to the Planning Board in the event that he should decide to move back into the Town of Cortlandville iTithin a reasonable period of time. Don Fowler reported of his conversation with Stan Weddle HOLSTEIN CLUB of the Holstein Club. He had informed Mr. Weddle that they could increase their use of the building within reason. Mr. Weddle also agreed to keep us informed. PLUMBERS _.. TOWN CLERK - SEWER APPLICATIONS APPLICATIONS Town Clerk, Pauline Parker presented the following ® plumber applications to be approved -'to make installation in our water and sewer districts which were approved as follows-, RESOLUTION # 109 APPROVAL OF MR. EARL WATSON TO INSTALL EARL WATSON WATER & SEWER SERVICE IN THE TOWN OF CORTLANDVILLE Motion by Councilman Ray Thorpe, seconded by Councilman Ray Miller. All Votes: Aye Adopted. WHEREAS, Mr. Earl Watson of Little -York, New York has submitted an application stating his qualifications and experience meetd'�`the criteria necessary for installing sewer and water service in the Town of Cortlandville. NOW THEREFORE BE IT RESOLVED, that Mr. Earl Watson is hereby approved by the Town Board to install water and sewer service in the Town of Cortlandville. RESOLUTION # 110 APPROVAL OF BIAGIO ABBATIELLO TO INSTALL B IAGIO WATER & SEWER SERVICE IN THE TOWN OF ABBATIELLO C ORTLANDVILLE Motion by Councilman Ray Thorpe, seconded by Councilman Ray Miller. All Votes: Aye Adopted. WHEREAS, Mr. Biagio Abbatiello of Whitney Point, New York has submitted application stating his qualifications and experience in plumbing meeting the criteria necessary for installing sewer & water service in the Town of Cortlandville. NOW THEREFORE BE IT RESOLVED, that Mr. Biagio Abbatiello is hereby approved by the Town Board to install water and sewer service in the Town of Cortlandville. RESOLUTION # 111 APPROVAL OF DUAN#E STEVENS TO INSTALL WATERDUANE STEVENS SERVICE IN HIS TWO HOMES IN SO. CORTLAND Motion by Councilman Ray Thorpe, seconded by Councilman Ray Miller. ® All Votes: Aye Adopted. WHEREAS, Mr. Duane Stevens of 24 Copeland Avenue, Homer, New York has. submitted an application, stating his qualifications and experience in plumbing, meeting the criteria necessary for installing water service to his two homes located in South Cortland. NOW THEREFORE BE IT RESOLVED, that Mr. Duane Stevens is hereby approved to install water service to his two homes located in South Cortland. DON FOWLER Don Fowler read letter from William F. Collins, Senior FIRE LANES Attorney of the State of New York Department"of State regarding the problems with people parking in the fire lanes. The Town Board requested that Mr. Fowler go over this issuewith the owners aid operators of those stores located within the Town of Cortlandville. A copy of this letter is on file in the Town Clerk's Office. Wednesday, August 2, 1978 Page # 4. MINING PERMIT Supervisor Nadolski stated we made application for a mining permit for a gravel pit on Summerville Road. Work has all been done, county has drawn the plans, restoration area set for the year 2000 and it will just be a matter of time before we are issued a permit from the Department of Environmental Conversation. SALES TAX Supervisor Nadolski apprised the board that a decision will have to be made prior to August 31, 1978 regarding how we will handle our total share of sales tax which we will be receiving next year. He also stated that a special board meeting will be called later this month to make this decision. He also stated that according to audit and control it is not necessary for the gpreral GENERAL CLERK clerk who issues bills for water districts to have4sep- • WATER B-F-LING erate office. When the general clerk is also a deputy clerk, as in our case it was suggested but by no means mandatory, that for internal control only our local policy might be that the general clerk not usually collect water mciaies . , SPEED REDUCTION IN A GIVEN LOCATION Supervisor Nadolski received information from Department of Transportation regarding changi of ��o�Deed reduction in a specific area in Cortlandvil.lee., pAo�f d make their casb.'knotirn to the Town Board and they will make application to the Department of Transportation on Form # TE 9. INCREASE VALUES OF BUILDING RESOLUTION # 112 NEW INSURANCE RATE -REAPPRAISAL OF BUILDINGS Motion by Councilman Ray Miller, seconded by Councilman Ray Thorpe. All Votes: Aye. Adopted. BE IT RESOLVED, that the insurance rates of the following buildings will increase according to the increased'appraisal values as follows: Town. Hall (1 5 Terrace Road) $ 43,700. to $ 55,000. Town Garage 64,400. 65,000. Storage 12,700. 15,000. „ West Road Building 75, 000. 80,000. HOXIES GORGE Supervisor Nadolski apprised the Board that those questions raised by the joint meeting of June 20, 1978 between the Cortlandville Planning Board staff member, Freetown Planning Board, Cortland Planning Board C.A.C., that we received a letter dated July 27, 1978 stating the attorney's opinions on these questions. Copies of this have been made a part of these minutes and will also be filed in the Town Clerk's Office. SEWER HOOK UP WOODRIDGE Dave Olp of Woodridge has;.requested that he be exempted from the $ 25.00 hook up fee to the sewer as he had installed the trunk lines etc... for that development. The $ 25.00 application is for hooking to the sewer. RESOLUTION # 113 PAYMENT OF $ 25.00 APPLICATION FEE FOR WOODRIDGE DEVELOPMENT Motion by Councilman Ray Thorpe, seconded by Councilman Melvin Pierce. All Votes: Aye. Adopted. BE IT RESOLVED, that the town board has decided that the $ 25.00 application fee applies to Dave Olp despite t1m fact that he installed the trunk lines to Woodridge Development. NANCY. C. ROSS DEPUTY APPOINTMENT Town Clerk, Pauline Parker read letter of resignation from Deputy Town Clerk, Patricia L. Barber which was effective 7 Wednesday, August 2,1978 Page # 5. July 28, 1978. Pauline Parker introduced Nancy C. Ross as new Deputy Town Clerk to the Town Board. Supervisor Nadolski apprised the board that at the September DOG ENUMERATOR Town Board Meeting the Town Board will appoint a new dog enumerator. The town clerk will check with .our attorney to see if Beatrice Smith, dog enumerator last year will qualify to handle this job again next year, if not she will advertise for someone to _Fill this position CORTLAND FREE Supervisor Nadolski apprised the Board that at this time LIBRARY the Cortland Free Library is setting up their budget and areR' 19�8 ' requesting an increase to $ 19,500.00 from $ 1f,500.00 an increase � of $ 1000.00. They would like confirmation on this before September ® 15, 1978. RESOLUTION # 114 AUTHORIZATION TO PAY FOR TROPHYS TROPHYS Motion by Councilman Thorpe, seconded by Councilman Miller. Votes: All Aye. Adopted. WHEREAS, the cost of the trophy's shall not exceed the amount of $ 9.00 each. BE IT RESOLVED, that the board has authorized payment to purchase trophys for two Lamont Circle softball teams (17 boys and 14 girls) Supervisor Nadolski apprised the board that Joe Gunzenhauser has made application to Department of Environmental Conversation for a permit to perform work in Otter Creek. RESOLUTION # 115 APPROVAL OF TOWN CLERK, PAULINE PARKER TO BE APPOINTED PROPERTY MANAGER OF FIXED ASSETS PROGRAM Motion by Councilman Ray Miller seconded by, Councilman Mel Pierce. All Votes: Aye. Adopted. BE IT RESOLVED, that the Town Clerk, Pauline H. Parker is hereby appointed and approved by the Town Board as property manager of fixed assets program. JOE GUNZENHAUSER OTTER CREEK FIXED ASSETS FIXED ASSETS RESOLUTION # 116 APPROVAL OF EDNA PUZO, PAULINE PARKER, AND MEETING RAMADA-INN STANLEY NADOLSKI TO ATTEND FIXED ASSETS MEETING Motion made Pierce. All Votes: by Councilman Ray Miller, seconded by Mel Aye. Adopted. BE IT RESOLVED, that authorization has been given to Edna Puzo, General Clerk, Pauline Parker, Town Clerk and Stanley Nadolski, Supervisor to attend a meeting on Fixed Assets in the ® Ramada Inn, Ithaca, New York on August 24, 1978. BE IT FURTHER RESOLVED, that all expenditures for that trip shall be paid by the town. RESOLUTION # 117 AUTHORIZATION FOR SUPERVISOR NADOLSKI TO TOWN HALL ADDITION SIGN APPLICATION FOR F.H.A FUNDING FOR ARCHITECTURAL FEES Motion by Councilman Ray Miller, seconded by Councilman Mel Pierce. All Votes: Aye. Adopted. BE IT RESOLVED, that Supervisor Nadolski is hereby empowered to sign and submit the application forms necessary for F.H.A. funding for architectural fees for the design of the second story addition to the Cortlandville Town Hall. 76 Wednesday, August 2, 1978 Page # 6. PALL TRINITY Supervisor Nadolski apprised the board of his meeting with Mr. Chesterfield Seibert, President of Paoi Trinity. Paul Trinity -would have to had paid 25110 of the new proposed sewerline for main and pumping station. Mr. Seibert would rather wait .for the trunkline sewer to come in. POTTER -BEAN Water.and Sewer S.uprintendant,Fred Walker, Sr., apprised W & RSA M b the board of his conversation with Mr. Potter, of Potter 5 u 6_ Bean. Mr. Potter requested permission of the board to install Tyton pipe instead of mechanical joint pipe which is presently_. stated in the ordinance. The ordinance will be revised as soon as possible. Mr. Walker is going to furnish the town board with more information on the Tyton pipe. The town board will follow up on this further. ADJOURN There being no further business, upon motion of Councilman Ray Miller, seconded.by Council Ray Thorpe, all voting Aye, the meeting was adjourned at 8:40 P.M. Respectfully submitted Deputy TO n /errk f • ,y 6 .101IN T. GARDNER A11'I1INEY AN II COUNSELLOR AT LAW %1141 STAR: C:DANG11 DUILDINO I00 (MANOR I -LACE CI)]ITLAND. NEW YORK 13045 AREA CODE 607.7113.3081 July 27, 1978 . Gordon W. Hatheway, Chairman Town Planning Board Town of Cortlandville Highland Road Cortland, New York . 13045 Dear Gordon s At the last regular meeting of the.Town Planning Board, held on June 26, 1978,,a request was made for several legal opinions concerning the subdivision at Hoxie's .Gorge proposed by Fast and Luciano® My opinions are as follows: 1. The Town highway known as Hozie Gorge Road has never been discontinued by the Town pursuant to Section 205 of the Highway Law by the filing in the Town Clerk's Office of a written description of any portion of said highway so abandoned with the written consent of a majority of the Town Board. 2. All new and improved roads shall meet the minimum specifi- cations for Town Road and Street Construction of the Town of Cort- landville dated September 18, 1968. The 1968 Zoning Ordinance of the Town of Cortlandville contains no specifications for new and improved roads. The Town of Cortlandville Subdivision Regulations of 1966 apply solely to the public highways constructed within the confines of subdivisluns. Town Highways do not have to comply with the specifications for County Highways and State Highways. The minimum specifications for Town Highways are set forth in Sections 180 and 222 of the Highway Law. 3. Land owners have the legal right to develop their land by complying with the statutes of the State of New York and the rules and regulations -of the,Town Board of the Town of Cortlandville. A property owner can be denied the right to develop his land. The.Town of Cortlandville has no obligation to provide a land- owner access to his land. St cerely, i Lz n J. Ci�t.landvllle ner, Attorney JJG/dbc wn of Meeting,County Planning Office Date, June 209 1978 Subject: Howie Gorge Development, Developers, Dennis Fast, Al. Luciano. , Engineers,. Rowell Assoeifttes (Dennis Loaves, Surveyor ) Present at this meeting were: Viotor Mete&lf, Willard Griswold, and Earl Randelpti of the Cortlandville Planning Board, Larry Mastrogiaoomo, County planning Staff Member. !� Elizabeth Slooum ,Norma Wright,.Freetoim F�latining Board, John pauth, Cortland Planning Board C.A.C., George McDermott; S.U.C.C., Dennis Loaves,. from Rowell Asdociates. Also, Mr. do Mrs. Dennis Fast, developer and owner. tl) Report on a Special Meeting of Planning Boards on June 20, 1978,.at Cortland County Planning Board Conference Room, Greenbush St., Cortland, N.Y. (2) Sub eet: Disoussi®n on request of Fast and Luciano for approval of subdivision on Howie Gorge Rd. being in it Town of Cortlandville, Town of Freetown, and Town of Solon. II County Cortland,.State of New York. (3) Attendance : See above, Those present. v • - it _ (1) Dis ussion: es iri as to whether or not the roadway in and .to th* sits is or has been abandbh6ft :gr►1 opinion in writing is needed. i. . v (2) Ekisting highway :.o.N. ittid Lower. to bi thre# reds *ids, 491 feet- Road>< y' dirt 1 fbbt Nide- at narre>Yeiet Point. 101gures- should be chookod. by. the To'Wn Engineer, (3) From Sproue'e property on Hoxie dbrge Road thru.to 19 lots on site about two (2) miles, ore xiky. r] (4) Developer suggested present derei*661t. would be for 19 lots, in Seotion 1, Ddat of Hokie Gorge Road about one- half of the development in the Town of Cortlandville and in the Town of Freetown. Eleven lots in the Town of Cortlandville and 8 lots,in the Toxin 'of Freetown. (5) Discussed new road to Underhill Road,*over Atkins property...Lowes, Surveyor, suggested evidence shows a -road might have existed at one time in the area, Mr. Fast will discuss new road to Underhill Road with Mr. Atkins. (6) Mr. McDermott of SUCC. discussed possibility of R.O.W. over State..Property for abandonment of existing R.O.W., over State.Property and Gutchess Property:. developer to build read, This read would lead to de*ei4 Ent Vest of 8esie corgi Head. •IL6 r71 � �., r r, 4 �6) continued MoDermott stated Gutdheng management now has some reservations abandonment of existing R.O.W. Mr.. M,,b �rmo 6 tt will discuss the Situation.again with Gut6hess. 140 boils testing or percolation teitij as yet. (8) Mr. Pa.uth stated soil o6n'd tions ®sir , 'be similar to thand at the County.Landfill Site, which has 'the -soil 'being saturated about 8,month6'*of the year. ear. Also It may be possible that some areas will havepacketsof soil several feet deep. (9) School districts Involved are Marathon' and McGraw. .question as to ability of School btgei to travel existing road 'OUe to It's narrow roadway and Adjoining the gorge. 10) Question as to Firi protection due to same roadway ionditions as noted In Item m (9). (11) Question as to duration of residence 1-f homes built In, the area. Part time for recreation or full time later. COMMENTSt (1) What is'to be the policy as to development of land fe recreation purposes ? Treated ag.full-time or partial occupancy ? What'oonditions can be Imposied if part-time occupancy ? Conent®. oentinued: (2) What are the Town $tandarda for mural roads, Do thei standards in th® Zoning Or dinAnde br ' ' Dining Board Stand. =, arils for subdivision apply ? hre- thb . kaiidard® fdr exis' l • '� Roads different or d® County and` 8ate'stendsr®. apply ? (3) What are the legal rights ofland owners to develop their land ? Can the property owner be denied appro*al ? Can the property owner be denied aoobvi to his land ? • a li 1 '\