HomeMy WebLinkAbout08-02-1978Wednesday August 2, 1978
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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.
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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
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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.
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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
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.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.
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(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 �
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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 ?
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