HomeMy WebLinkAbout05-18-1977Wednesday, May 18, 1977 7:30 p.m./ 199
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The sf6x.-�j^,ryregular town board meeting of the month was held
at the town hall, 15 Terrace Rd., with Supervisor, Robert P.
Blatchley presiding. Other board members present were: Justice,
Donald Eaton, Councilman, Sherman Griswold and Councilman, Ray
Miller. Justice Fish was absent. Others present were: Town Clerk,
Christine Canestaro; Town Attorney, John Gardner; Town Engineer,
William Rowell; Town Highway Supt., Carl Eaton; Town Assessor,
Robert Wells; Town Zoning Enforcement Office'rI Don Fowler.
Reading of the minutes of the previous meeting was dispensed approval of
with as all board members had reviewed copies of the minutes prior minutes
to tonights meeting. Motion was made by Councilman Miller, seconded
by Councilman Griswold to approve the minutes as written. Votes:
Justice Eaton, aye; Councilman Griswold, aye; Councilman Miller, aye;
Supervisor Blatchley, aye. Motion carried.
Correspondence was read by Town Clerk, Christine Canestaro as
follows:
From: NEW YORK STATE DEPT OF TRANSPORTATION: Acknowledging receipt of
the town®s speed zone reduction request on Stupke Rd. and Lime
Hollow Rd. and advising that an investigation will be made.
Re:
Speed limit
request Stupke
& Lime Hollow Rd;
SAM14ONS COMMUNICATIONS INC.- Dallas Texas - a letter dated 5/3/77
received 5 9 77 advising of the formation of and transfer of
Cable T.V. franchise to Sammons Communications of New York, Inc.
a wholly owned subsidiary of Sammons Communications, Inc.
and
a letter dated 5/10/77 received 5/16/77 advising that effective
6/i/77,.Sammons Communications, Inc. proposes to assign its
New York assets to a wholly -owned subsidiary: Sammons Communications
of New York, Inc., a Delaware Corp. duly qualified to transact
business in the State of New York and thatpubject to obtaining
the consent of the State to the pro osed transfer, the letter serves
as notification that effective 6/1/77, Sammons Communications of
New York, Inc. shall accept and assume all the rights, duties and
obligations of Sammons Communications, Inc. under all the same
terms and conditions under which Sammons Communications, Inc. has
been operating.
Motion was made by Justice Eaton, seconded by Councilman Miller to
receive and file the letters and that the second letter from Sammons
Communications, Inc. be turned over to Attorney Gardner for review
before signing and returning it, as requested. Votes: Justice Eaton, aye;
Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley,
aye. Motion Carried.
Cable T.V
Mrs. Canestaro presented an applications for a house trailer C.Stafford
permit she had received from Charles Stafford to place a trailer on application
his property on Tower Rd. Mrs. Canestaro said she had requested an for house tra.
opinion from Attorney Gardner as to Ather or not this was legal since permit
Mr. Stafford has a house trailer located on property adjacent to the
property for which the application is being made. Attorney Gardner quoted
the definition of a trailer park from the trailer ordinance which states:
"The term "Trailer Park" as used in this ordinance shall be defined as
any lot, piece or parcel of ground wheron two or more house trailers, tents
or tent houses used, designed for use or capable of being used as living
or sleeping quarters are parked or located and for which use said premises
are held open to the public, a fee being collected for such use". The
board requested Atty. Gardner to check further on the interpretation of
the trailer ordinance and advise them at the next meeting.
Mrs. Canestaro advised the board that the appointment of Carl Burnham
on the Board of Assessment Review had expired on 4/30/77.
RESOLUTION #70: RE -APPOINTMENT OF CARL BURNHAM TO THE BOARD OF
ASSESSMENT REVIEW 5/l/77-4/30/82 Re- Appointment
of C.Burnham
Motion by: Justice Eaton, seconded by Councilman Miller to Bd. of Assess
Votes: Justice Eaton, aye; Councilman Griswold, aye; Councilman Review
Miller, aye; Supervisor Blatchley, aye.
Adopted.
BE IT RESOLVED, That Mr. Carl Burnham be and he hereby is re -appointed
to serve a five year term of office on the Town of Cortlandville Board
of Assessment Review, retroactive to May 1, 1977 and expiring April 30, 1982.
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200
Wednesday, May 18, 1977
Pg. 2
Application Mrs. Canestaro apprised the board that the application for
change of zone on Lucker Rd. of Jean S. Stiles, Edward H. Stiles,
for zone and Dean L. Potter had been corrected and re -submitted. The
change application now requests a change of zone at this location from
Luker Rd. R-1 to business. Motion was made by Justice Eaton, seconded by
Councilman Griswold to receive and file the application. Votes:
Justice Eaton, aye; Councilman Griswold, aye; Councilman Miller,
aye; Supervisor Blatchley, aye. Motion carried.
Mrs. Canestaro was instructed to obtain the necessary data
required and submit the application to the County Planning Board
for review before a public hearing date is set. Mrs. Canestaro
advised that she had already done this but that the material
supplied was not acceptable to the County Planning Board since the
map was a photo copy and did not have the appropriate surveyors •
seal on it. Mr. Larry Mastergiacomo of the County Planning Board
had advised her that the material would be acceptable as submitted but
Further word received late this afternoon stated that Mr. Zollendeck
would not accept it as submitted. Mrs. Canestaro said she would
contact Mrs. Stiles regarding this matter.
Justice Eaton gave the following report on the activities of
his office during the month of April, 1977:
Justice
Report 336 cases completed
$6,955.35 in fines & forfeitures turned over to the State Comptroller.
$2,420.00 being held in pending cases
Motion was made by Councilman Miller, seconded by Councilman Griswold
to receive and file the report. Votes: Justice Eaton, aye; Councilman
Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye.
Motion carried.
Highway Supt., Carl Eaton advised that the new Brockway truck has
been received and in service.
RESOLUTION #71: AUTHORIZATION FOR SUPERVISOR BLATCHLEY TO ATTEND
Supervisor CONFERENCE
Permission to
attend Motion by Councilman Miller, seconded by Councilman Griswold
conference Votes: Justice Eaton, aye; Councilman Griswold, aye; Councilman
Miller,aye; Supervisor Blatchley, aye.
Adopted.
BE IT RESOLVED, That Supervisor Blatchley is hereby authorized
to attend the Supervisors Summer Conference School at Alexandria
Bay, New York on June 26 and 27, 1977 and that he be reimbursed
for his necessary expenses in connection therewith, subject to
audit by the town board.
Supervisor Blatchley gave his report on the financial status of the
town as of 4/30/77 as follows:
April
Financial
General Fund Balance
$123,369.91
report
Federal Revenue Sharing Balance 39,128.87
Water District #1 Balance
70,070.75
Water District #2 Balance
Water District #3 Balance
894.38
6,958.30
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Sewer District #1 balance
35,802•95
Highway Fund Balance
201,306.51
comprised of:
Repairs & Improvements
$87,730.00
Bridges
7,601.16
Machinery
69,161.87
Snow Removal & Misc.
36,813.48
Supervisor Blatchley read the
following legal opinion received
Attorney's
from Town Attorney, John Gardner:
legal opinion
re truck traffic "At the regular meeting of the Town Board held on May 4, 1977,
Lamont Cr. I was requested to write you a letter concerning certain matters .being
considered on Lamont Cirle.
In my opinion, neither Robert Harrison nor John Hilsinger are
violating any provisions of the 1968 Zoning Ordinance of the Town of
Cortlandville, pertaining to permitted uses in residential R-2 Districts.
Wednesday, May 18, 1977 Pg. 3
201
Section 1660 of the Vehicle and Traffic Law provides that the
Town Board may establish a system of truck routes upon which all
trucks, tractors and tractor -trailer combinations having a gross weight
in excess of 10,000 pounds, are permitted to travel and operate
and excluding such vehicles and combinations from all highways
except those which constitute such truck route systems. Such
exclusion shall not prevent the delivery or pickup of merchandise
or property along such highways.
Section 1660 of the Vehicle and Traffic Law also provides that
the Town Board may temporarily exclude from any portion of any Town
highway any vehicle with the gross weight in excess of any designated
weight. This is done by posting signs on the section of highway."
® Motion was made by Justice Eaton, seconded by Councilman Miller
to receive and file the letter. Votes: Justice Eaton, aye; Councilman
Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye.
Motion carried.
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Supervisor Blatchley read a letter he had written to Mr. N.
Ross Hall of Lamont Cr. advising him of this opinion.
1 egal
opinion
re truck
traffic
Lamont Cr.
Justice Eaton apprised the Board that Robert Fragnoli had not, R.Fragnoli
as yet, installed a water meter on his property on Tompkins St. even water metez
after several personal requests by both Fred Walker, Sr. and Supervisor
Blatchley.
RESOLUTION #72: DIRECTING FRED WALKER, SR. TO SHUT OFF WATER SERVICE
AT R. FRAGNOLI'S TOMPKINS ST. PROPERTY
Motion by Justice Eaton, seconded by Councilman Miller
Votes: Justice Eaton, aye; Councilman Griswold, aye; Councilman
Miller, aye; Supervisor Blatchley, aye.
Adopted.
BE IT RESOLVED, That Water & Sewer Dept. Supt., Fred Walker, Sr.,
is hereby directed to shut off the water service at the Tompkins
St. property of Robert Fragnoli, immediately and to inform him
that he must comply with resolution #136 adopted by the Town
Board on 12A/76.
Shut off
water servic
Fragnoli
Property
Tompkins St.
Supervisor Blatchley said he would advise Mr. Walker of this resolution.
Supervisor Blatchley said that Legislator, Delmar Palm called him and
asked if there was a possibility of the Town dredging Perplexity Creek Perplexity
which runs around Delaware Ave. Highway Supt. Carl Eaton was directed Creek
to investigate the situation and report back to the Board.
Supervisor Blatchley read a letter he had received from David Olp fire
regarding the fire access road off of the proposed Woodridge sub -division acess Rd
onto the Chelsea townhouse property, stating that he had talked with Woodridge
Fire Chief, Bruce Moss and that an agreement had been made between them. sub-divisic
A copy of this letter is attached to and made a part of these minutes.
Motion was made by Justice Eaton, seconded by Councilman Miller to
receive and file the letter. Votes: Justice Eaton, aye; Councilman
Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye.
Motion carried.
Mr. Blatchley requested permission of the Town Board to sign a
release to the State of New York regarding the re -location of the water
lines on N.Y.State rte. 281 in order to receive the balance due from
the state of $7,555.32. Total monies to be reimbursed by the state for
this project is $38,787.36 of which $31,232.04 has been received to date.
RESOLUTION #73: AUTHORIZATION FOR SUPERVISOR TO SIGN RELEASE TO STATE
OF NEW YORK REGARDING THE RE -LOCATION OF WATER LINES ON NEW YORK
STATE ROUTE 281
Motion by Justice Eaton, seconded by Councilman Miller
Votes: Justice Eaton, aye; Councilman Griswold, aye; Councilman
Miller, aye; Supervisor Blatchley, aye.
Adopted.
Release
to NYS
re water
line re-
location
rte. 281
BE IT RESOLVED, That Supervisor Blatchley is hereby authorized to
sign a release to the State of New York regarding the re -location
of water lines on New York State rte. 281.
202
Wednesday, May 18, 1977
Pg. 4
Justice RESOLUTION #74: AUTHORIZATION FOR JUSTICE EATON TO ATTEND TOWN
Eaton to JUSTICE SEMINAR
atten Seminar Motion by Councilman Griswold, seconded by Councilman Miller.
Votes: Justice Eaton, aye; Councilam Griswold, aye; Councilman
Miller, aye; Supervisor Blatchley, aye.
Adopted.
BE IT RESOLVED, That Justice Eaton is hereby authorized to
attend the Town Justice Seminar at Cornell University,
Ithaca, N.Y. on June 6, 1977 and that he be reimbursed for
his necessary expenses in connection therewitl,,subject to
audit by the Town Board.
Justice Eaton Justice Eaton apprise c�_aeh Board that the Office of Court Administration •
to teach had requested that/he / us Ices in this Judicial District the proper
JC seminar Court reporting methods at the upcoming JC 500 & 501 seminars. This
may require some time away from his justice duties and wanted to
inform the Board of it before making any firm commitments. The
consensus of the Board was that this was an honor bestowed upon
Justice Eaton and would grant the time if it became necessary to
do so.
Authorization RESOLUTION #75: AUTHORIZATION FOR :SUPERVISOR BLATCHLEY TO SIGN
to sign agree. AGREEMENTS FOR WATER DISTRICTS 3, 4, & 5 TO PURCHASE WATER
for sale of FROM WATER DISTRICT #1
water by W.D.#1
Motion by Justice Eaton, seconded by Councilman Griswold
to W.D.3,4,&5 Votes: Justice Eaton, aye; Councilman Griswold, aye; Councilman
Miller, aye; Supervisor Blatchley,aye.
Adopted.
BE IT RESOLVED, That Supervisor Robert Blatchley is hereby
authorized and directed to sign agreements on behalf of
Water District #1 for the furnishing of and sale of water
to Water District #3, Water District #4, and Water District #5, and
BE IT FURTHER RESOLVED, That Supervisor Robert Blatchley is
hereby authorized and directed to sign agreements for the
purchase of water from Water District #1 on behalf of Water
District #3, Water District #4 and Water District #5.
Sewer lateral Attorney Gardner apprised the Board that he had talked with Mr. Harry
Taw of the First National Bank of Cortland who advised him that the
financing bank would lend the Town Sewer District #1 $90,000 at 6% interest on
a bond anticipation note for the proposed installation of sewer
laterals on Terrace Rd., McLean Rd., Munson Ave., & Pleasantview Dr.
A discussion was had on the awarding of the bid contract for
the above sewer laterals. The matter was tabled until the next meeting.
RESOLUTION #76: AUTHORIZATION FOR SUPERVISOR BLATCHLEY TO SIGN D.E.C.
Supervisor to APPLICATION FORMS REGARDING WATER DISTRICT #4
sign D.E.C. Motion by Councilman Miller, seconded by Justice Eaton
application Votes: Justice Eaton, aye; Councilman Griswold, aye; Councilman
Miller, aye; Supervisor Blatchley, aye. •
Adopted.
BE IT RESOLVED, That Supervisor Robert Blatchley is hereby
authorized and directed to sign the application forms to the
Dept. of Environmental Conservation for the approval of the
formation of Water District A.
Well #3 Engineer,Will iam Rowell reported that no problems had been found in
the casting or screen of well #3 and he has written a request to the
contractor to replace the pump and get it into operation as soon as possible.
Supervisor Blatchley reported that Tom Pitts, State economist, will meet
with interested person on 5/19 between 9:00 & 9:30 A.M. at Fisher Ave. to
review the drainage problem which exits there.
There being no further business, upon motion of Councilman Miller seconded
by Justice Eaton,all voting aye, the meeting was adjourned at 8:41 p.m..
Respectfully submitted
THE BARDEN&ROBESON CORPORATION
26 COPELAND AVE. HOMER,N.Y 13077 607.749-2641
May 13th of our 66th year
1 9 7 7
Town of Cortlandville
Cortlandville Office Building
Terrace Road
Cortland,, New York, 13045
Attention: Mr. Robert Blatchley
Supervisor
Dear Bob:
I just concluded,,a. telephone conversation with Bruce Moss,
your fire chief . i'zi,"dPncerning the' fire access road off of the
pr,opz 0 t,,1`dgq, -- Subdivision onto the Ch,e,is",Townhouse
ed wo , od
Apr opex,ty.
T h 6`:�eemen'that'we reached is as fol-ow
_ We ns.tt' 't o _uc a gravel road, base 6tw e , e h , 1 6' s 10.
and I, of ",, the. new subd iv is ion
'the' dul-de-sac th - e Allen s t a-'r t at a t.t he n�d of 11 Drive'
ex d -'
extension o n aft �extend_in.:a,i s,'-ratqht line between lots
10 and 11 terminating, at a point, in the parking lot
J su'fficient
41,�be 64:,
.c,unr�6,Htly. a't', Chelsea-, The-_,bas.6",.w
A weight of 'some t ` ':te o to
gravel -to sustain owns
heavy fire equipment'.,
then seed 0
the top 2.: We willtoad`
1." We will mark its terminus on -th e, Is e zi property
'
with a couple of bushes.
The beginning of this road, of course, as it comes out of
the cul-de-sac at the end of Allen Drive will be a driveway
for use by the residents of lots 10 and 11, so that its
starting point will be well defined and marked. It is the
intent of this to provide emergency -type fire access between
Allen Drive Extension and the Chelsea Townhouse parking lot,
which of course, has a means of access off of Hallstead Road.
Included in the deeds for lots 10 and 11 will be an easement
prohibiting the owners from planting or barricading in any
manner this graveled base. It should, with the seed, have all
appearances of the lawn, however, it will provide a base for
trucks to move across. There will be no necessity, therefore,
for a fire gate.
WE HAVE A PLAN THAT FITS YOUR PLANS
0
Mr. Robert Blatchley
Supervisor
May 13, 1977
Page 2
With the accomplishment of this and the agreement by Bruce
Moss that this will satisfy his requirements, I see no reason
why.the Town Planning Board could not approve or if they deem
necessary, overrule the County Planning Board's recommendation
for a paved fire access road. When this is accomplished, all
contingencies will have been removed as imposed by the Town
Planning Board and the subdivision should therefore be stamped,
sealed, and approved. A copy of this letter will also be sent
to Gordan Hathaway, Chairman of the Town Planning Board. I
would ask that you support this proposal and indicate same to
bbth Chief Moss and to Gordan Hathaway. When the town has
finally officially stamped the plot plan, we will then commence
construction almost immediately.
Thanks for your help on this. Let me know when I may be of
service to you.
Very truly yours,
THE BA DEN & ROBE N CORPORATION
David W. Olp
Project Develo� ent Manager
cc: Mr. Gordan Hathaway
Mr. Bruce Moss
DWO:cl
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