HomeMy WebLinkAbout05-04-1977Wednesdray May 4, 197? Pg. T
7:30 P.M.lay
The first town board meeting of the month was held at the
town hall, 15 Terrace Road with Supervisor, Robert P. Blatchley
presiding. Other board members present were: Justices: Donald
Eaton and R ' onald Fish, Councilmen,Ray Miller, and-Shemma4 G�iawolrd.
Others?,prbsent, were-T. Town Clerk, � -:,Christine Canestaro, Deputy Town
Clerk, Patricia Barber, Town Attorney, John Gardner, Town Engineer,
William Rowell, Highway Superintendent, Carl Eaton, Water Superintendent
Fred Walker, Zoning Enforcement officer, Don Fowler, and%1T.Own Assessor,
Robert Wells. Also present Were: News Reporter, Skip Chapman,
Legislators, Shirley Fish, Delmar Palm and Henry Wadsworth, and several
town residents.
The meeting was called to order by Supervisor Blatchley and the
pledge of allegience was given by all in attendance.
Reading of the minutes of the �previous meeting of the town board
was dispensed with as all board members had reviewed copies of the
minutes prior to tonights meeting. Motion was made by Councilman,
Sherman Griswold and seconded by Justice R,-., Fish that the minutes be
approved as written. Votes: Justice Eaton, aye; Justice Fish, aye;
Councilman Griswold, aye; Councilman Miller, aye; Supervisor
Blatchley, aye. Motion Carried.
Town Clerk, Christine Canestaro read a letter.from Brockway Motors
regarding status quo of the Brockway Division In Cortland, N.Y.
The letter stated that more definite information will be available
the first week of May. Motion made by Councilman Miller, seconded
by Justice Eaton that the letter be received and filed. Votes:
Justice Eaton, aye; Justice Fish, aye; Councilman, Griswold, aye;
Councilman Miller, aye; Supervisor Blatchley, aye,.
Letter from
Brockway
ChristineCanestaro inquired about a possible adjustment for
Water bill for Mrs. Natoli of Homestead Ave. A new register was Adjustment
installed and the new reading indicates a need for adjustment. on water bill
RESOLUTION #63: AUTHORIZATION FOR ADJUSTMENT TO WATER BILL FOR for Mrs.
MRS. NATOLI Natoli
Motion by: Councilman Ronald Fish, seconded by Councilman
Sherman Griswold. Votes: Justice Eaton, aye; Justice Fish,
aye; Councilman Griswold, aye; Councilman Miller, aye;
Supervisor Blatchley, aye.
Adopted.
BE IT RESOLVED, That the Town Clerk, Christine Canestaro is hereby
authorized to adjust the water service bills of the last two
(2) quarters for Mrs. Natoli of Homestead Ave. to reflect an
average consumption based on the year 1976.
Cortlandville Tax Assessor, Robert Wells reported that good
progress is being made at assessment hearings being held at the
Municipal Building on West Road.
Cortland County Legislator, Shirley Fish expressed a desire
to know the consensus of the Town Board in regard to Sewer agency.
Justice Fish made a request for an informal meeting with Informal
Town Zoning Board of Appeals, Town Planning Board, Town Boa-.d,-,:--.Veeting to
Town®s County Legislators and Town Attorney, John Gardner to discuss aifferer
discuss the differences faced with County Planning Department. with County
It was determined that Supervisor Robert Blatchley would set this Planning Bd.
meeting up.
Zoning Officer Don Fowler gave report of Building permits issued. for Report of
Month of April. This report has been attached and made a part Bld'g permits
of these minutes.
for April
Supervisor Blatchley reported that a local, resident,
Donald Gregory has been hired to mow the ball,:.park, at Lamont Mow ball park
Circle. At the request of the residents of Lamont Circle a line at Lamon t
marker has been purchased at the cost of $55.00- Both of these Circle
items will be charged to the Lamont Circle Recreation Budget.
Supervisor Blatchley read a letter from Legislator Delmar Letter from
Palm expressing dismay that the County Planning Board did not Delmar Palm
see fit to compromise to a much greater extent with the Town.
Motion made by Councilman Miller and seconded by Councilman
Griswold to receive and file the letter: Votes: Justice Eaton,
aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller,
aye; Supervisor Blatchley, aye. Motion Carried.
194 4 Wednesday May 4, 1977 Pg. 2
Supervisor Blatchley expressed concern about State Law regarding S.E.Q.R.A.
S.E.Q.R.A. State Environmental Quality Act. It was determined to discuss this
matter further after Town Board members have had a chance to review
handbook which contains information regarding stipulations of this
law.
RESOLUTION #}`64: ADOPTION OF HOLIDAY SCHEDULE FOR ALL TOWN EMPLOYEES. Holiday
Motion made by Justice Donald Eaton, seconded by
Holiday Schedule Councilman Ray Miller. Votes: Justice Eaton, aye; Justice Fish, Schedule
aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor
Blatchley, aye. Adopted.
BE IT RESOLVED, That all Town Employees shall
following paid holidays:
1.
New Year's Day
2.
Washington's Birthday
3•
Good Friday
4.
Memorial Day
5.
Independence Day
6.
Labor Day
7.
Columbus Day
8.
Veteran's'Day
9.
Thanksgiving Day
10.
Christmas Day
11.
One Floating Holiday
be entitled to the
In -the event that the Holiday falls on Sunday, the following
Monday is to be given.
All Town Employees shall be guaranteed eleven (11) paid Holidays
plus the 1/2 day before Christmas and the 1/2 day before New Year's.
Any employee shall forfeit being paid for a Holiday if absent from
work the day immediately preceding or following a holiday and in the event
of illness on either of these days a Doctor's Certificate shall be rendered 4_;
to verify such illness, if requested by the Department Head.
No violation Zoning Enforcement Officer, Don Fowler reports no violation being
committed by Cafe CoffeeService or Bread Delivery Service on Lamont No violation
of Zoning Law Circle. Don Fowler also reports that the trailers on Tioughnioga of Zoning
at Lamont Cr. Ave., a residential section, are in .temporary storage, there are no sales Law on
or beingconducted from this location.
Tioughnioga Ave. Lamont Cir
Or
Town Attorney, John Gardner was designated to write a letter Tioughnioga Ave.
Ross Hall to the town board stating the specifics of the Town Zoning Ordina.mce
complaint in regard to the operation of a commercial business in a residential
area. The town board will, in return, relate this information to
Mr. Ross Hall, a concerned resident of Lamont Circle.
Mr. Harrison of 42 Lamont Circle, the operator of Cafe Coffee Service
Mr. Harrison
stated, for the record, that he feels that Mr. Hall's complaint is a
statement.
lone one and that the Town Board, which represents both he and Mr. Hall
shouldAwaste time with complaints such as that of Mr. Hall and that they
should not have to give Mr. Hall an answer to this complaint in writing.
Mr. Warren Barth, Insurance Agent, informed the Town Board that any
claim brought . .- against a Municipality must be done within 90 days.
Individual
If the 90 days elapses the suit then can be brought against -an individual.
Risk Insurance
Mr. Barth suggests that the individual names of the town "officials
be added to the existing i.policy . This would'not give each individual
100 per cent protection but it would give them some protection. It was
determined that Mr. Barth would look further into .providing the individual
ftw& .officials with protection in the line of duty. It was decided that .
town iofficial:s names should be listed on existing policy to provide
partial protection. Motion by Justice Eaton and seconded by Councilman
Griswold. Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold,
aye; Councilman Miller, aye; Supervisor Blatchley, aye. Motion Carried.
Wednesday May 4, 1977 pge 3
19
Supervisor Blatchley reported that there will be an increase
in Niagara Mohawk Power rates. This increase will be $485.00 per Niagara Mohawk
year - this is $325.00 over the existing allowance in the budget. Rate Inc.
Supervisor Blatchley reported that Mr. Richard Chamberlain, of
Rowell Associates would meet with the town board in a consulting
capacity regarding formation of Cortlandville Fire Department. It
was determined that this matter would be taken up at a later date.
Mr. David Olp presented a proposal regarding construction of an Emergency
emergency access road thy?: Chelsea Apartments complex in Cortlandville. Acces:
It was determined that this matter would be discussed further with the Road
Town Planning Board.
_RESOLUTION #65: AUTHORIZATION TO AMEND RESOLUTION # 57 Amend Res.
Motion by Councilman Sherman Griswold and seconded by • #57 Justice Ronald Fish. Votes: Justice Eaton, aye; Justice
Fish, aye; Councilman Griswold, aye; Councilman Miller, aye;
Supervisor Blatchley, aye. Adopted.
WHEREAS, the Town Board at its regular meeting held April 20, 1977,
enacted Resolution No. 57, authorizing the issuance of a statutory
installment bond to be dated May 1, 1977, which is a Sunday, be it
RESOLVED, that, although the aforesaid Resolution provides that the
bond be dated May 1, 1977, the Town Board intended the aforesaid bond
to be dated the next regular day of business which is May 2, 1977.
Approval was given by the Town.Board to pay Voucher #1 - 52-?7
from William Rowell Associates in the amount of $4,306.45. This
voucher is for incurred costs from Water District #4. Voucher
will be among bills to be audited at the present time, May 4, 1977.
RESOLUTION #66: AUTHORIZATION FOR SUPERVISOR BLATCHLEY TO SIGN
DEPARTMENT OF ENVIRONMENTAL CONSERVATION APPLICATION REGARDING Res. to
_ WATER DISTRICT #5.
Motion by Justice Eaton, seconded by Councilman Miller. apRiDATio
Votess Justice Eaton, aye; Justice Fish, aye; Councilman Griswold,
aye; Councilman Miller, aye; Supervisor Blatchley, aye.
Adopted.
BE IT RESOLVED, that, Supervisor Robert P. Blatchley, is hereby
authorized to sign the Department of Environmental Conservation
application regarding Water Dist. # 5 in the town of Cortlandville.
Supervisor Blatchley read a letter from Farmer -La- Home Administration,
100 South Clinton Street, Syracuse, New York. This letter announced the
approval of a loan of $20,000 and a grant of $50,000 for the Town of Letter
Cortlandville for the South Cortland Water Project. A form FmHa 440-1
was enclosed, this form has been filled out and returned to the above from F.H.A.
address.
Farmer's Home Administration requires that Bond Counsel be employed
for $20,000 loan, and it was decided that before seeking Bond Counsel,
the town board should await action from A. R. C.
Supervisor Blatchley reminded the town board that an agreement must
be made between water districts for the sale of water. It was determined Water
that Town Attorney, John Gardner and Town Engineer, William Rowell would
• draw up the necessary agreements between the various water districts. Dist. agree
ment.
Supervisor Blatchley reported that four (4) of the sewer easements
have not been signed by the residents of McLean Road. Appraisel
Mr. Kenneth Bennett of McLean Road submitted, to the town boaryl, from Ken
an appraisel of a European white birch tree in the amount of $1,592.79 Bennett
along with a revised copy of his sewer easement. Mr. Bennett stated that
he would sign the easement if the new conditions were agreeable with the
town board. Mr. Blatchley stated that he had spoken with Jim Rice, a
nursery man of Homer, New York who had advised him that he could replace
such a tree and water it for one year for $200.00.
Town Engineer, William Rowell examined Mr. Bennett's easement and
advised the town board not to accept it.
Supervisor Blatchley agreed to write a letter to each of the
four parties requesting possible negotiations. Town Engineer, William
Rowell advised a 30 day notice be given the residents of McLean Road
and upon failure to sign easements within thistt'ime the town board should
begin condemnation procedures against these residents.
I �' ' Wednesday May 4, 1977 Pg. 4
196 Supervisor Blatchley read a letter from William Rowell Associates
Letter from regarding award of bid for sewer job. A copy of this letter is
Rowell Assoc. attached to and been made a part of these minutes.
Town Attorney, John Gardner agreed to contact the First National
Funding of Bank of Cortland to inquire about Bond Anticipation Notes to fund Terrace Rd.
Sewer Project sewer project. He will report on this at a later date.
Town Clerk, Christine Canestaro made an inquiry concerning funds to
Bernard Ryan be used to pay voucher submitted by Bernard Ryan in the amount of ;$320.00
Voucher for summarizing books and records of the Town of Cortlandville and for the
preparation of the Supervisor's report for 1976. No funds have been
allocated for this purpose and Mrs. Canestaro wished to know what account
was to be charged. The matter was tabled -for further study by the
Town Board.
Motion was made by Councilman Miller to have the justices removed •
Removal of from the town board, pursuant to Sec. 60A of the town law and replace
Justices from them with councilmen next year.
Town Board Justice Eaton requested an explanation from Councilman Miller as to
why he was making this ;motion since Sec. 60A of the town law 'provides
that this be accomplished automatically after July 1, 1977, at the
expiration of the term of each town justice. Justice Fish's term
expires 12/31/77. Therefore, a councilman would have to be elected at
the next general election to fill his position on the town board.
Justice Eaton's term expires 12/31/79, at which time he could no
longer serve on the town board. This is mandatory pursuant to Sec. 60A
of the Town Law, he explained.
Justice Eaton went on to explain that if the town board chose to
remove all justices from the town board at this time, this being an
election year with two positions of councilmen (Justice Fish and
Councilman Miller) and the Supervisor's position coming up ;for
election; and Councilman Griswold uncertain as to whether he will
continue to serveon the town board due to health reasons, could leave
the board devoid of experienced members. He wondered if this was
in the best interest of the town.
Councilman Miller did not choose to elaborate on his motion.
RESOLUTION #67: TOWN JUSTICES NO LONGER TO SERVE ON TOWN BOARD.
Res.#67 Motion by Councilman Ray Miller, seconded by Councilman
Removal of Town Sherman Griswold.
Justices
BE IT RESOLVED, that, subject to permissive referendum, the Town
Board hereby determines pursuant to Section 68-A of the Town
Law that Town Justices shall not be members of the Town Board,
and that the membership of such Board shall consist of the Town
Supervisor and four Town Councilmen.
The question of the adoption of the foregoing Resolution
was duly put to vote on roll call:
Supervisor Robert P. Blatchley voting aye
Town Justice Eaton voting nay
Town Justice Fish abstaining
Councilman Griswold voting aye
Councilman Miller voting aye
The Resolution was thereupon voted duly adopted.
The street known as "Sylvan Way" in the town of Cortlandville
has been duly inspected by Highway Superintendent, Carl Eaton and
Town Engineer, William Rowell and has been approved for acceptance.
Res. #68 RESOLUTION #68: ACCEPTANCE OF SYLVAN WAY .
Motion by Councilman Fish, seconded by Councilman Griswold.
Acceptance of Votes: Justice Eaton, aye; Justice Fish, aye; Councilman
Sylvan Way Griswold, aye; Councilman Miller, aye; Supervisor
Blatchley, aye. Adopted.
WHEREAS, the Planning Board of the Town has approved a certain
subdivision plat of lands known as Lot 4 and part of Lot 5 of
Sylvan Heights subject to the filing of a performance bond in the
amount of $2000.00, to guaranty the completion of the surface of
Sylvan Way,
1
•
1
Wednesday May, 4, 1977
Pg. 5
197
C7
pursuant to the specifications for ;town road and street
for the Town of Cortlandville, dated September 18, 1968,
May 4, 1978; and
construction
on or before
Acceptance
of S yl van Way
WHEREAS, Stiles Farm, Inc. has formally offered to dedicate said
street to the public and duly Filed their certificate of deposit, No.
4580 in the amount of $2000.00, from First National Bank of Cortland,
to guaranty the completion of construction of said street; and
WHEREAS, Stiles Farm, Inc. has delivered to the Town two proposed Deeds
dated April 6, 1977, conveying all its right, title and interest in
Sylvan Way, as shown on the aforesaid subdivision plat of its land,
together with a temporary turnaround as shown on said plat.
NOW, THEREFORE, be it RESOLVED, that the aforesaid street or highway
known as "Sylvan Way" be, and it hereby is, formally accepted as a
public street of the Town of Cortlandville, Cortland County, New York;
and be it further
RESOLVED, that the Clerk of the Town of Cortlandville be, and she
hereby is, authorized and directed to record the aforesaid Deeds in
the Cortland County Clerk®s Office.
Town Clerk, Christine Canestaro presented an application for Zone changge
zone change from Jean Stiles, Edward Stiles and Dean L. Potter for applicatioi
property on Laker Road, requesting that a change be made from Agricultural
to Business. The area mentioned is not agricultural zoned at the present
time but R-1. It was decided that the application be sent back to Stiles
Mrs. Stiles for correction.
RESOLUTION #69s AUTHORIZATION TO PAY AUDITED BILLS
Motion made by Councilman Miller, seconded by Councilman
Griswold. Votes: Justice Eaton, aye; Justice Fish, aye; Pay bills
Councilman Griswold, aye; Councilman Miller, aye;
Supervisor Blatchley, aye. Adopted.
BE IT RESOLVED, that audited bills be paid as followss
General Fund Claims #187-194
Sewer Dist.
#1 Claims
8-10
Water Dist.
#1 Claims
37-47
Water Dist.
#2 Claims
3
Water Dist.
7413 Claims
3
Water Dist.
#4 Claims
1
Highway Funds Claims 105-114
$4,883.83
358.95
1,365.53
52.00
52.00
4, 455. 94,
OT1`L-, 15,474.70
There being no further business, upon motion of Justice Fish,
seconded by Councilman Miller, all voting aye, the meeting was Adjourn.
adjourned at 10:22 p.m.
Respectfully submitted
Patricia L. Barber
Deputy Town Clerk
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AI�I O ASSOCIATES, P.C.
Surveyors • Planners • Engineers
North Star Bldg., Northern Lights Circle, No. Syracuse, N. Y. 13212 Tel.(315) 455-5978
May 4, 1977
Mr. Robert Blatchley, Supervisor
and Town Board
Town of Cortlandville
15 Terrace Road
Cortland, New York 13045
Re: Construction of Sewer Facilities
McLean and Terrace Roads
Contract Award
Gentlemen:
On April 20, 1977, bids were accepted for furnishing and
installing approximately 3000feet of sanitary sewer on
McLean Road and adjacent streets of the Town. Six con-
tractors submitted bids for the project and we have. reviewed
and prepared certified copies of their proposals, copies of
which are attached hereto. The sum price of the six bids
are as follows:
o Stan Payne Construction Co., Inc. . . $71,020.00
o Compagni Construction Co., Inc. $78,330.00
o Finger Lakes Construction Co. . . . $82,840.00
o F. W. Cunningham, Inc. . . . . . . . $84,908.00
o LaFayette Pipeline, Inc. . . . . . . $88,800.00
o Over & Under Piping Contractors, Inc..$135,963.90
We have never done work with the Stan Payne Construction
Company, Inc., before and db not know the personnel involved.
Since the bid opening; however, we have talked with the
contractor, with some manufacturers who have supplied
materials to them, and with the Town Engineers of the
Mr. Robert Blatchley, Supervisor
and Town Board
May 4, 1977
Page -2-
Town of Vestal, where the contractor now has a job of
approximately $335,000.
On the basis of our investigation, we find no reason to
object to the low bidder.,and suggest that the Board con-
sider award of the contract to him upon his submittal of
a satisfactory performance bond -and contract documents
that have been properly executed.
Sincerely, -
William H. Rowell, P.E.
President
WHR/br
Encl. (6 Canvass of Bids)