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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 C, 1-Y y CQ 69 e—Y " 7Er' 'Y .-Y 0.4 41. o zy ZY ly ply 'i Co -cy All ZY - 4 ynceig,,F Pr, 165 jj_ 4L f_ 10 0 0 __ __ ___ W6 -kud 9�e fk4 -Zfye uq Pp f ��— - � '3 7'/� � I�t„ll� rm .� . x �'c F% �/3r1�' yc7n1r.'f 90 . — — Joe ko,� d oo-..l — _ -- — -- --- Jj J5 40 6?0 0 ev F1 1� � f+ vivi =1 lq,lq 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)