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HomeMy WebLinkAbout06-15-1977Wednesday, June 15, 1977 7:30 P.M. pg. 1 -20 9 regular The second/town board meeting of the month was held at the town hall, 15 Terrace Rd., Cortlandville, N.Y., with Supervisor, Robert P. Blatchley presiding. Other board members present were: Justices, Donald Eaton and Ronald Fish and Councilmen, Sherman Griswold and Ray Miller. Others present were° Town Clerk, Christine Canestaro; Deputy Town Clerk, Patricia Barber; Town Attorney, John Gardner; Town Engineer, William Rowell; Town Highway Supt., Carl Eaton; Town Zoning Enforcement Officer, Don Fowler; Town Assessor, Robert Wells; Water & Sewer Dept. Supt., Fred Walker, Sr.; Legislator, Henry Wadsworth; news reporter, Skip Chapman; and several town residents. .r-. The meeting was called to order by the Supervisor and the pledge ® of allegience was given by all in attendance. Reading of the minutes of the previous meeting was dispensed with as all board members had reviewed copies of the minutes prior to tonight's meeting. Motion was made by Justice Eaton, seconded by Councilman Miller to approve the minutes 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 resolution received from the Cortland County Planning Board regarding the application of Edward Stiles, Dean Potter, and Jean Stiles for a zone change from R-1 to Business on lands owned by them on Luker Rd. A copy of this resolution is attached to and made a part of these minutes. Motion was made by Councilman Miller, seconded by Justice Eaton to receive and file the resolution. Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. Motion carried. Justice Eaton made the following report on the activities of his Co.Plan.Dept Re "Stile's request for zone change Luker, Rd. office during the month of May: Justice 4.58 cases completed report $9,258.00 in fines & forfeitures turned over to the state comptroller May $1,490.00 being held in pending cases. Highway Supt., Carl Eaton, reported that the pipe for the Hobart Hobart Hi11 Hill culvert repair has arrived and been assembled. His.department culvert will commence installation on Monday. Zoning Enforcement Officer, Don Fowler, requested permission to attend a housing and building code seminar. RESOLUTION #.87: AUTHORIZATION FOR DON FOWLER TO ATTEND THE HOUSING & BUILDING CODE SEMINAR AT CLAY, N.Y. Zoning Officer r Motion by: Justice Fish, seconded by Councilman Griswold Votes: Justice Eaton, aye; Justice Fish, aye; Councilman aOffic Griswold, aye; Councilman Miller, aye; Supervisor to attend Blatchley, aye. seminar Adopted. Clay, N.Y. BE IT RESOLVED, That Zoning Enforcement Officer, Don Fowler is hereby authorized to attend a one day housing and building ® code seminar being held at the Town of C2Ay, N.Y. on June 21, 1977 and that he be reimbursed for his necessary expenses ® in connection with same. Zoning Enforcement Officer, Ton Fowler reported he had been requested to obtain permission from,the town board for Mr. Patrick Bell Patrick to temporarily place a house trailer on p=operty owned by Mr. Bell on Bell request Lorings Crossings. Mr. Bell was present and said he wished this temporary for house permit for a period of approximately two years while he was building a trailer house on that property. permit Lorings Justice Eaton stated he felt that the town board would have to Crossings deny the request and refer him to the Zoning Board of Appeals for a denied variance as the town's zoning ordinance does.not permit.house trailers in a residential zone, and that it would not be within the town board's 210 Wednesday, June 15, 1977 Pg. 2 Copetco Financial Report -May jurisdiction to grant a variance. Attorney Gardner concurred this would be the proper procedure to follow. Mr. Short of Blodgett Mills submitted written information and Copetco requested answers to certain questions regarding the Copetco Rendering and Packing Plant, contained therein. Mr. Blatchley explained that a petition had been filed with him, by Mr. Short, requesting a public meeting or a meeting with the town board on the Copetco situation. He announced that a public meeting had been set up for Friday afternoon, June 17, at 2:00 p.m. at the Cortland County Court House. Mr. Short objected to the afternoon scheduling of the meeting as he and all the people who had signed the petition were working people and would have to leave their jobs in order to attend. He also objected to the place it was being held as,at that time in the afternoon, parking would be a problem. Supervisor Blatchley explained he had taken the initiative in arranging this meeting as he was one of the four people the petition was addressed to. The others being: Don Fowler, James Feuss, and Henry Wadsworth. The meeting, he said, was arranged for this time primarily for Mr. Feuss who is recuperating from an illness and would not be able to attend an evening meeting. Mr. Blatchley explained further that representatives from the Dept. of Agriculture & Markets, and the County Health Dept. as well as Attorney Gardner, Zoning Enforcement Officer, Don Fowler and he, himself, would be at the meeting and he felt that the written questions presented tonight would be answered at that meeting. Supervisor Blatchley gave the following report on the financial status of the town as of 5/31/77- r1 L_J General Fund Balance $114,098.50 Federal Revenue Sharing Fund Balance 39,243•45 Water District #1 Balance 62,066.28 Water District #2 Balance 1,142.37 Water District #3 Balance 7,212.57 Water District #4-Balance 92,693.55 Sewer District #1 Balance 34,447.24. Highway Fund Balance 189,913.13 comprised of: Repairs & Improvements $79,482•42 Bridges 7,601.16 Machinery 66,016.07 Snow Removal & Misc. 36,813.48 Soap Box Supervisor Blatchley reported that Mr. Stan Connally asked for Derby town board approval to hold the annual Soap Box Derby on Starr Rd. again this year, on July 16 or July 23. The town board gave their consent providing the Derby committee have the proper law enforcement agencies in attendance and providing they had the consent of the County Highway Supt. as this is a county road. Mr. N. Ross Hall of Lamont Cr. requested that the following N.Ross Hall questions he directed to Supervisor Blatchley, be answered, in writing, complaint within two weeks: 1. What is your job as town supervisor? 2. Are you familiar with and have you read the town laws & ordinances? 3. How many hours do you put in on your job? • 4. How many days per week? 5. 1 would like a flow chart of where you sit plus all of the town board members and who reports to whom, Mr. Carl Eaton, Mr. Don Fowler, and Mr. Fred Walker. 6. Before the books were turned over to the new bookkeeper, who audited them to make sure they were in balance? 7. When was the last time the New York State Dept. of Audit & Control audited your books and when the next time will be. 8. Specifically, in writing, the exact reasons, not the generalizations, that Mr. Harrison & Mr. Hilsinger are not in violation under R-2 of the town`soning ordinance. 9. How did Mr. Gardner interpret "Home Occupation" as used in the town zoning ordinance? 10. Have Carl Eaton investigate the road surface on Lamont Cr. where the center section of Lamont Cr. joins North Lamont and render his opinion as to the road worthy condition of said road. Wednesday, June 15, 1977 Pg. 3 211 Mr. Hall then directed the following complaint to the board and asked that it be entered into the minutes of this meeting: "I'd like to file a complaint against Mr. Robert Blatchley, the town supervisor. This is a formal complaint which I would like to have in the record. I'd like to complain first of all, the lack of expertise in which Mr. Blatchley handles these meetings. Everybody seems to be answering his questions. I don't quite understand this. That's why I want to know what his job is. Not answering questions directly but evading them. That's point two. Point three, stating "I'm not responsible, so and so is". But when I hear "so and so is", I never hear anything from so and so. Putting off people by rationalizing, saying "I can't control him" was the statement he made to me one night on the telephone. I called you last night, and point five, you stated, per telephone conversation, ® I might be embarrassed if I attended tonights meeting. The next point is not telling board members they're out of order when they interrupt citizen input or answering questions by citizens in a contumacious manner. The last thing, Mr. Blatchley and the town board, particularly the town board; Mr. Blatchley, I really don't feel you're qualified to run this town board. I would say that it would behoove you, as a favor to all people of the Town of Cortlandville, to, as quickly as possible, submit your resignation as whatever you are, because I can't really find out. You have a title and I don't know what the title means. But I do strongly urge you to consider resigning." N.Ross Hall complaint Mr. Richard Wilkins of Bell Dr. spoke in defense of Copetco stating that the town should take another look at the zoning and give Copetco consideration to the number of people employed by Copetco before any steps are taken to close it down. RESOLUTION #88: SETTING DATE FOR PUBLIC HEARING IN THE MATTER OF THE PETITION OF JEAN S. STILES, EDWARD H. STILES AND DEAN L. POTTER RE: CHANGE OF ZONE CLASSIFICATION ON PROPERTY LOCATED ON LUKER RD. Motion by Councilman Miller, seconded by Justice Eaton Votes: Justice'Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. Adopted. BE IT RESOLVED, That a public hearing will be held before the town board of the Town of Cortlandville pursuant to Article XVII, Section 1702 of the Zoning Ordinance of the Town of Cortlandville, N.Y. and section 264 and 265 of the Town Law, at the Town Hall, 15 Terrace Rd., Cortlandville N.Y., on July 6, 1977 at 8:00 p.m. in the matter of the petition of Jean S. Stiles, Edward H. S�iles and Dean L. Potter regarding change of zone classification from residential 1 to business on property owned by them on Luker Rd. Mr. Francis Gorman appeared to request approval of the town board for the acceptance of dedication of the portion of Northwood Ave. from N.Y.State Rte.281 to the Village line, which lies within the Town of Cortlandville before sewer and water mains and pipes have been installed as required by the Town of Cortlandville Rules & Regulations for Sub - Division of Land. These utilities, he said, will be coming from the Village of Homer and that portion of the project which lies within the Village of Homer will be developed first. (Approved maps of this sub -division have not, as yet, been filed in the town clerk's office). Justice Eaton registered concern that if dedication of the road is accepted at this time, the town would have to plow and maintain it and that when the water and sewer facilities are installed, many cuts will have to be made across the pavement. He does not feel that the town should be responsible for making repairs to the road after these cuts have been made. He stated "If the town board does accept dedication, there should be some assurance written into the deed to protect the town from making these road repairs when the utilities are installed." Engineer, William Rowell cautioned that some arrangement should be made so that both parties know what drainage will be provided before dedication is accepted. Public Hearing date set re: Stiles request for zone change Luker Rd. Northwood Ave (Gorman subdivision) Wednesday, June 15, 1977 Pg . 4 Mr. Gorman assured the town board that -"any part -of the present Northwood Ave. drainage plans that would be affected by the road itself, since we (Gorman don't plan on doing any immediate developing in that particular area, subdivision we would certaihl_y put in culvert pipes that are calledforin'the plans or anything like that. We don't feel it shoul d-be necessary to do the whole drainage plan because most of it has to do with'the development when it is developed. We're not looking for any type of approval as far as the development. What we're looking for is.just a dedicated highway to get in and out of there". Justice Eaton requested a recommendation from Engineer Rowell regarding this situation. 'Engineer Rowell stated he'had inspected the road this afternoon and said "It looks the same as it has for the last year and as I say, I think there should bean arrangement or agreement on what drainage will be required before he spends X number of dollars." He said he would have to check further on the grade and the depth and width of the gravel. Another item of concern, he said, is when the town board may wish to have some,type of surface treatment. He felt that perhaps some type of temporary treatment should be required but was not prepared to make any recommendations at this time. Mr. Gorman said he was not asking the town to accept dedication of the road at this time but only'to make a commitment that when the road is completed to the towns' satisfaction, it will be accepted. RESOLUTION #89: INTENT TO ACCEPT DEDICATION OF NORTHWOOD Motion by Justice Eaton, seconded by Councilman Griswold Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. Adopted. WHEREAS, Robert T. Kelly, Bernard Dill and -Francis M. Gorman,Jr. Northwood Ave. are the owners of the proposed Northwood Subdivision on the east side of New York State Route No. 281, in the Town'of Cortlandville, containing a proposed street to be known as Northwood Avenue; and WHEREAS, the water and sewer mains and pipes have not been installed in said proposed subdivision; NOW,THEREFORE, BE IT RESOLVED, That, upon the Town Engineer and Town Superintendent of Highways, having approved the base course .and the surfacing of said proposed street in accordance with the.Specifications for Town Road and Street Construction of the Town dated September 18, 1968; and upon all of the owners of said land having delivered to the Town Board their formal offer of cession of said street, a performance bond in an amount determined by the Town Board, and their deed conveying to the Town the title to the bed of said street, all approved by the Town Attorney, the Town Board intends to accept said offer of dedication of said -proposed street, and the proposed deed; and be it further RESOLVED, that the aforesaid deed to the bed of said street shall contain a restrictive covenant and condition that the present or any future owners of the land adjacent to said street will install at their own cost and expense any sewer and water mains in the bed of said street necessary to complete the development of said subdivision and will repair at their own cost and expense any injury and damages to the bed of said street in making said installation. Supervisor Blatchley requested that a fee be set for the Town of Town Land Use Cortlandville Land Use Maps which were prepared by the County Planning Maps Dept. Mrs. Delmar Palm advised that these maps are not the final approved maps and should not be distributed. The town board agreed that these maps should not be distributed until they have been revised and finalized. No action was taken. 1 • 7 1 Wednesday, June 15, 1977 Pg• 5 213 L 1 Supervisor Blatchley advised that prior to tonights meeting, the town board had met and discusse-6. the extention of the water line on Rte. 90 to sei7ve the Fred Walker,Jr. property. The consen- sus of the board, he said, was that the board would have to approve such extension by resolution. Attorney Gardner advised that it must also be determined who was going to pay for the extension. RESOLUTION # 90: AUTHORIZATION TO EXTEND WATER SERVICE LINE ON ROUTE 90 TO SERVE THE FRED WALKER,.JR. PROPERTY Motion by Justice Fish, seconded by Justice Eaton Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. Adopted. BE IT RESOLVED, That the Town Board of the Town of Cortlandville does hereby authorize the extension of the water service line on Rte. 90 to serve the Fred Walker, Jr. residence, and ' BE IT FURTHER RESOLVED, That said water line shall be a 3/4" line constructed in the bed of New York State Route 90 right of way, subject to the approval of New York State Dept. of Transportation and the approval of any land owners whose property the line will traverse. WATER LINE EXT. TO F.WALKER,JR. PROPERTY NYS RTE.90 Further discussion followed the adoption of this resolution as there seemed to be a'misunderstanding as to what was being installed, a lateral or a service line. Justice Eaton explained his interpretation of the law was that by petition of land.'.owners or by resolution of the Town Board, the lateral could be extended along the highway or adjacent land to a curb box in front of a residence. Thus, the town would be responsible for maintainance of the lateral. If Mr. Walker were allowed to proceed with the installation of the 3/4" line from the existing main..or lateral, he said, he would be responsible for maintaining the line and for obtaining easements for its installation. He contended that no matter what size the line being installed was, it shoud be considered a lateral as it would be constructed from the end of the existing lateral running parallel along NYS Rte. 90 a distance of some 150 ft.'to the front of the Walker residence, where a curb box would be installed. Also, he contended that the cost of this line .should be borne by the benefited parties. Attorney Gardner confirmed the fact that this should be considered a lateral, as it would provide further extension of the line, southerly, at some future date. This Resolu- tion was withdrawn (see discuss-. ion below) Engineer Rowell explained, by drawing on the blackboard, exactly what was being accomplished by the resolution just adopted. He explained that the lateral now stops at some point north of the Walker property and that a shut off should be put on the 6" line at this point. A tap will be made at this point and a'3/4" line installed to serve the Walker residence. The line will have to run along the road right-of-way for some distance. He asked who would maintain this line and who would pay for it. The Walkers did not feel they should pay for the line from the tap to the front of the Walker residence. Justice Eaton stated that Jack Sonacchio, who lives on the north side of the Walker property, had paid for the extension of the water lateral to his residence. Justice Fish explained, he thought that in the past, it has been at the discussion of the town board, to extend the water laterals if they felt there would be further development in an area. If not, the individuals requesting the service paid.for the extension. Fred Walker, Sr. explained he had ordered 15 lengths of 6" pipe (2772 ft.) to extend the lateral to the end of the district, which district ends a cauple of lots south of the Walker property. He said he had ordered the pipe in good faith, not realizing he was in violation of any town laws and he felt the town should keep the pipe and pay for it as it could be used in the future. The town board decided to keep the pipe and pay the bills submitted at time of audit at the next board meeting. Wednesday, June 15, 1977 Pg. 6 Water Line There was further discussion on the responsibility for payment extension of the line. which was to be installed. Engineer Rowell explained to F.Walker that the cost to -the individual, per town regulations, should be house from the curb box to where the line is to serve the individual and Rte.90 that the curb box should be placed where the town water lateral now ends on the Sonnacchio property. Justice Eaton explained that the $135.00 Fred Walker, Jr. had paid did -not cover the cost of extending the line from the existing lateral to the Walker residence but covered the cost of an outside meter plus the tap into the existing lateral. He further explained that the -Town Law provides that if there is an extension of a water main or lateral, that the town woit in but that the owners of the parcels of land benefited would have to pay the -entire cost of the extension of the line (Sec. 199 & Sec. 202 of the Town Law). Supervisor Blatchley asked Mr. Walker if he would pay for a 6" lateral so that the line could be extended at some future date. Mr. Walker did not feel he should do so. At this point Justice Fish withdrew his motion until further research could be made because he had understood the curb box would be installed at the end of the existing 6" lateral which serves the Sonnacchio residence. Justice Eaton withdrew his second to the motion. All town board members withdrew their consent to the adoption of the resolution. The matter was tabled. ENGINEER, WILLIAM ROWELL REPORT: WATER DISTRICT # 5- .His survey, crew is proceeding with-." lans Water Dist.#5 & specifications for the,construction of the proposed project and would probably have the job completed this week. Drawings will be presented at the next board meeting. D.E.C. approval of the district must, as yet, be secured. Attorney Gardner read a letter he had received from Bond Council in N.Y. City regarding a $20,000 bond issue. The letter stated that the,fee of,$1400 included photo offsetting of the original bond for. delivery to the Farmers Home Administration; that they would have to examine the proceedings establishing the district; prepare the various proceedings relating to the sale of the bond to Farmers Home Administration; and arrange for the printing and delivery of the bond; and prepare the documents required for'the sale. If they become involved in note financing, there will be an extra small fee for each note issue of approximately $45-60 per note issue, depending on the size of the issue. However, if arrangements can be made to obtain the;various grants and aid, and if the local bank will agree to purchase a statutory installment bond (Attorney Gardner advised this could not be done) at a rate of 5%, the fee would only be $900.and they would prepare all documents including the original bond. Terrace Rd. SEWER -TERRACE RD., ETC.: Supervisor Blatchley read a letter from Sewers Stanley L. Payne, President of Stan Payne Construction Co.,Inc., low bidder on the proposed sewer project. 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; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. Motion carried. Election Town Clerk, Christine Canestaro, read the lists of election Inspectors inspectors which had been submitted by the County Republican Committee for Chairman and the County Democratic Committee Chairman. It was noted 77-78 that Mrs. Agnes Phelps-R- LD6, Cortlandville 2, whose name had been submitted, had moved out of the district.' The town board requested the town clerk to notify Mr. John Ryan, Jr. of this and that the lists be accepted deleting the name of Agnes Phelps. • I is 1 Wednesday, June 15, 1977 Pg. 7 215 RESOLUTION #91: APPOINTMENT OF ELECTION INSPECTORS FOR THE YEAR 1977-78 Motion by Justice Fish, seconded by Justice Eaton Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley aye. Adopted. BE IT RESOLVED, That the Town Board of the Town of Cortlandville does hereby accept the recommendation of the County Republican Committee Chairman, John Ryan, Jr. and the County Democratic Committee Chairman, James R. O'Mara, and, pursuant to section 43 of the State of New York Election law regarding the appointment y o of election inspectors, and that the following persons be, and they hereby are appointed to serve as election inspectors for z the Town of Cortlandville for a one year period commencing 7/1/77 b ® and expiring 6/30/78. n 8 REPUBLICAN ELECTION INSPECTORS:n LD6-Cortlandville 2: i Mrs. Pauline Pettet, Box 1, Blodgett Mills, N.Y. � Subs: Mrs. Lola Doty, Kellogg Rd., Blodgett Mills, N.Y. N Mrs. Marguerite Wildman, Kellogg Rd., Blodgett -Mills, N.Y. LD6 - Cortlandville 5: ON _ Mrs. Magdalene McGrady, 5 East Ave., McGraw, N.Y. W Mrs. Alma Carter, 19 Clinton St., McGraw, N.Y. � Subs: Mrs. Blanche Caufield, 57 North St., McGraw, N.Y. co Mrs. Florence Bingham, E. Academy St., McGraw, N.Y. LD7-C ortlandv:Al1 e3 Mrs. Elizabeth I.:Jebbett, 7 Pleasantview Dr., Cortland, N.Y. Mrs. Dorothy Rew, R.D.#3, Cortland, N.Y. Subs: Mrs. Helen Phelps, 16 Abdallah Ave.,Cortland,N.Y. Mrs. Luana Moore, RW3, Cortland, N.Y. LD7-Cortlandville 6: Mrs. Alice O'Hara, 827 N. Lamont Dr., Cortland, N.Y. Mrs. Pauline Kreitner, RD#3, Gracie Rd., Cortland, N.Y. Subs:Mrs. Clint Young, 3 Lamont Dr., Cortland, N.Y. Jean Chaffee, 811 N. Lamont Dr., Cortland, N.Y. LD8-_Cortlandville 1: Mrs. Ada Virginia Shearer, RD#1, McGraw, N.Y. Mrs. Ruth B. Stafford, 4074 North Rd., McGraw, N.Y. Subs: Mrs. Jane D. Jones, RW1, Cortland, N.Y. Laura, Paddock, RWI , Cortland, N.Y. LD8-Cortlandville 4: Mrs. Leanora Finn, 4313 Fisher Ave., Cortland, N.Y. Mrs. Cynthia Thoman, Hillside Dr., Cortland, N.Y. Subs: Mrs. Mildred Wilcox, R.D.#4,,Cortland, N.Y. Mrs. Rose Lundeen, R:D.#4, Cortland, N.Y. DEMOCRATIC ELECTION INSPECTORS: LD6-Cortlandville 2: Mrs. Florence Truman, Box 33, Blodgett Mills, N.Y. ® Mrs. Betty Doty, Box 12, Blodgett Mills, N.Y. Subs: DePuy Freer, Maple St., Blodgett Mills, N.Y. Dorothy Henry, RD#1, Cortland, N.Y. LD6-Cortlandville Mrs. Jennett Russell, 19 E. Academy St., McGraw, N.Y. Ms. Catherine Jones, 6 W. Academy St., McGraw, N.Y. Subs: Shirley Moulton, 19 East Ave., McGraw, N.Y. L_D7-Cortlandville Mrs. Ann Planck, 5 Vernon Dr., Cortland, N.Y. Mrs. Rose Thomas, 10 Kingsley Ave., Cortland, N.Y. Sobs: Mrs, Helen C. Woods, 6 Louise Dr., Cortland, N.Y. Mrs. Norma Baker, 21 Isabel Dr., Cortland, N.Y. LD7- Cortlandville 6: Mrs. Shirley A. Stacy, 810 N. Lamont Dr., Cortland, N.Y. Mrs. Agnes Waas, 806 N. Lamont Cr., Cortland, N.Y. Subs: Joanne Darling, 787 N. Lamont Cr., Cortland, N.Y. Rosemary T. Kohm, 43 Lamont Dr., Cortland, N.Y. 216 Wednesday, June 15, 1977 Pg. 8 LD8-Cortlandville l: Election Mrs. Thelma Jacobi, 4.1 North St., McGraw, N.Y. Inspectors Ms. Elsie Adams, 4413 Locust Ave., Homer, N.Y. 77-78 Subs: Karen Cunningham, 1714 E. Homer Rd., Cortland, N.Y. Mary Johnson, RW1, Rte. 11, Cortland, N.Y. LD8-Cortlandville 4: Mrs. Janet'Cohen, 3858 Highland Rd., Cortland, N.Y. Mrs. Catherine VanDonsel, RI#4, Cortland, N.Y. Subs: Roberta Ferris, Fer-Cor Dr., Cortland, N.Y. Judith Dages, 7 Crestwood Ct., Cortland, N.Y. RESN INSPECTORS FOR 1977-78 • Election Motion by Councilman Miller, seconded by Councilman Griswold Inspector Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, pay rate aye; Councilman Miller, aye; Supervisor Blatchley, aye. Adopted. BE IT RESOLVEI�,That the pay rate for election inspectors for the year 7/l/77-6/30/78 is hereby set at $2.25 per hour, and BE IT FURTHER RESOLVED, That the election inspector chairman for each polling place be paid an additional $5.00 per'day to compensate for the extra duties imposed upon her'. Petition The town clerk presented a petition which had been filed with requesting her on June 13, 1977 which was signed by 129 petitioners and which referendum read as follows: on Town "WE, THE UNDERSIGNED, PETITION THE TOWN BOARD OF THE TOWN OF Justices CORTLANDVILLE FOR A REFERENDUM ON THE RESOLUTION ADOPTED BY SAID BOARD Resolution ON MAY 4, 1977, to wit: "BE IT RESOLVED, That, subject to permissive referendum, the Town Board hereby determines pursuant to Section 60.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." WE, THE UNDERSIGNED, UNDERSTAND THAT STATE LAW MANDATES THAT AS OF JULY 1, 1977, ALL TOWN JUSTICES CANNOT SERVE ON THE TOWN BOARD BUT THAT THEY CAN SERVE TO THE END OF THEIR TERM. THEREFORE, WE FEEL THAT IT WOULD BE IN THE BEST INTEREST OF THE TOWN TO ALLOW JUSTICE EATON TO SERVE OUT THE TERM OF OFFICE HE WAS ELECTED TO AND ALLOW HIM TO SERVE ON THE TOWN BOARD AS OUR REPRESENTATIVE." Motion was made by Councilman Miller, seconded by Councilman Griswold that the petition be received and filed and turned over to the Town Attorney to examine for legalities. Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. Motion carried. Attorney Gardner examined the petition and ruled.that it was not filed timely, pursuant to section 91 of the Town Law, as it was not filed within the 30 day period from date of adoption of the resolution. Justice Eaton stated he appreciated the effort made and the vote • of confidence given him by the.petitioners. Fence for Justice Eaton suggested that a fence be erected around the new Well #3 well for its protection. The town board asked him to get an estimate of the cost of a fence and report on it at the next meeting. There being no further business, motion was made by Justice Fish, seconded by Councilman Griswold that the meeting be adjourned. All voted aye. The meeting was adjourned at 9:24 p.m.. Respectfully submi tied, CH IS TINE CA TARO TOWN CLERK 3 GENERAL MUNICIPAL LAW ACTION BY COUNTY PLANNING BOARD ON THE MOTION OF' Al Kryger George Poole GMU 85-20-01-35 ------------------------ Town of Cortlandville Stiles Zone change. Resolution No. 77-98 WHEREAS, the Town Clerk, Town of Cortlandville on May 16, 1977 pursuant to General Municipal Law 239 1& m has submitted a zone change for the property at Luker Road, which has been received by the Cortland County Planning Board, and WHEREAS, the Cortland County Planning Department has reviewed this request and submitted a written report dated June 7, 1977, which is on file, and WHEREAS, the Cortland County Planning Board on June 9, 1977 held a regular meeting with a quorum and did consider this request, and WHEREAS; the Cortland County Planning Board did thoroughly consider the material submitted by the petitioner, Department comments and all other relevent reports on file, therefore be it RESOLVED, that the proposed petition for a commercial district be disapproved for the following reasons: 1. The Board feels that the highest and best use',of the property is industrial which is more compatable to the airport use. 2. That the Industrial District provides the applicant the right to use his property for the intended uses. 3. The Commercial District does not permit the intended uses by right. RESOLVED, if the application is approved for either commercial or industrial- the.Board reserves its right to request the applicant, pursuant to the General Municipal Law to submit a site plan of the property for approval, showing proposed buildings, points of ingress and egress, parking, drainage systems to alleviate standing water problems, landscaping and screening for the residential property on the westernly boundary. Also,there shall not -be any exterior storage 'of any material, equipment or trash. AND BE IT FURTHER RESOLVED, that the Planning Director is hereby authorized to convey this action and its report to the Town of Cortlandville. Aside from the petition the Board offers the following comment: If the petition is granted for rezoning the subject property, the Town should look favorably upon an action initiated either by the property owner or by the Town Planning Board to rezone the property to the east of the subject property (86.17-0141). This property will lie between a commercial and industrial district and therefore the future uses of this property for residential uses is questionable. June 9, 1977 CCPB Ayes: 6 Nayes: 0 Abstain% Mrs. Stiles Gwendolyn Stiles, Secretary Cortland -County -Planning Board June 2, 1977 Robert P. Blatchley, Supervisor Town of Cortlandville 15 Terrace Road Cortland, New York 13045 Dear Mr. Blatchley: Stan Payne Construction Co., Inc., on April 20, 1977, submitted 'the low bid for the construction of lateral sewers in Sewer District No. 1, of the Town of Cortlandville, in the amount of $71,020.00. Section 12 of the Instruction to Bidders states "that all bids shall remain open for 45 days after the date of the bid opening." The 45 days will expire on Saturday, June 4, 1,977. Stan Payne Con- struction Co., Inc., hereby consents that its bid may remain open for an additional 45 days after the date of the bid opening which would be until July 19, 1977. This is being done to allow the Town of Cortlandville to take care of some legal technicalities. Very truly yours, Stanley L. -Payne, President Stan Payne Construction Co.., Inc. 507 Beach Road Apalachin, New York 13732