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HomeMy WebLinkAbout08-04-1976Wednesday, August 4, 1976 7N30 P.M. Page I The. firstregular meeting of the month of the Town Board was held at the Town Hall, 15 Terrace Rd. with Supervisor Blatchley presiding. Other Board members present were; Justices Donald Eaton and Ronald Fish. Councilmen Sherman Griswold and Ray Miller. Others present were Deputy Town Clerk, Theresa Fortin; Town Attorney, John Gardner; Town Engineer, William Rowell; Highway Supt. ,Carl Eaton; Water and Sewer Supt. Fred Walker; Town Assessor, Robert Wells; Zoning Enforcement Officer, Don Fowler; Bookkeeper, Wayne Ezick; Legislators Shirley Fish and Henry Wadsworth; Newspaper reporter, Skip Chapman and several residents of the Town. Absent; Christine Canestaro who was on vacation. The meeting was called to order by Supervisor Blatchley and the pledge of allegiance was given by all in attendence. Reading of the minutes of the previous meeting were dispensed with, as all members had been mailed a copy of the minutes and had read them prior to this meeting. Motion was made by Justice Eaton, seconded by Councilman Griswold and votes ® recorded as follows: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye; the minutes were approved as presented. Motion Carried. Justice Eaton read a letter from Robert C. Haldeman, Trustee of the Property of L'�ah7 h Malley Railroad Co. Debtor. Re: the abandonment of certain lines effective I2:01 A.M. on September 3, 1976. A copy of the notice is attached to and made a part of these minutes. Upon motion of Justice Eaton, seconded by Councilman Griswold, the letter was ordered received and filed. Votes; Justice Eaton, aye; Justice Fish, aye: Councilman Griswold, aye; Councilman Miller,aye; Supervisor Blatchley, aye. Motion carried. Attorney Gardner was asked to check and see if this would void a contract the Town has with the railroad. Zoning Officer Don Fowler gave his monthly report on building permits issued during the month -of July. A copy has been attached to and made a part of these minutes. Justice Eaton gave his report for the month of June, stating that he had :. completed 403 cases and turned over to the S.dte.Camptlle $7,404. in fines and forfitures with $2244. being held in pending cases. Supervisor Blatchley gave the Supervisors monthly report on thiTowns financial status as of July 31,, 1976 as follows; General Fund Balance $105,791.53 Federal Revenue Sharing Fund Balance 45,301.17 Water District #I Balance 99,552.37 Water District##2 Balance 1,038.37 Water District #3 Balance 5,565.89 fewer District #I Balance 41,o46.75 Highcoal,pddBao�ance 132,714.69 Repairs & Improvements 67,128.65 Bridges 12,159.28 Machinery 32,477.98 Snow Removal & Misc. 20,948.78 Supervisor Blatchley stated that during the month he had attended all of the Planning Board meetings, 701 Master Plan meetings and a meeting of the Cort- land County Sewer Agency as well as helping the Highway Supt. install a backstop at the Terrace Rd. play area and helping to build some benches for the Lamont Circle playground. ® Town Engineer `14 2.a.m Rowell reported on the status of Well #3. The co"rtracto:�? ',is expected to start in about a month. Mr Mel Pierce submitted a petition for establishing a water district for So. Cortland to be known as Water District #5. Attorney John Gardner read a discription of the boundaries of the proposed district. Upon motion of Justice Eaton, seconded by Councilman Griswold, the petition and map for creation of Water Dist. #5 was ordered received and filed. Motes; Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. Motion carried. RESOLUTION #83: SETTING A DATE FOR A PUBLIC HEARING RE: FORMATION OF WATER DIST. # Motion by Justice Fish, seconded by Justice Eaton. Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye, Supervisor Blatchley, aye, the'.foll,owing resolution was adopted. A copy has been attached to and made a part of these minutes, see attachment on Wednesday, August 4, 1976 7:30 P.M. Page 2 page 8I. Justice Fish then reported he had consulted with Attorney Gardner regarding Terrace Rd. sewers. Attorney Gardner explained the Advalorem and Benefit Methods of taxing and stated he didn't feel it would be out of order for the work to be done by Town forces. A motion was made by Justice Eaton, seconded by Justice Fish directing the Town Attorney and Town Engineer to prepare a resolution for sewer laterals for Terrace Rd. sewers. Supervisor Blatchley read a letter from the State D.O.T. Dept. Re: flooding on Fisher Ave., in which they state their engineers have looked at the drainage ditch and feel the malfunction is due to excess legptation,very flat gradient and .0, constriction of the channel in the vicinity of the fairgrounds. Therefore they J ° are not liable for fixing it. A motion was made by Justice Eaton, seconded by Councilman Miller, the letter was ordered received and filed. Votes: Justice o Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; councilman Miller,aye; Supervisor Blatchley, aye. Motion carried. Supervisor Blatchley stated he had received a complaint from residents of Hoxies gorge re: Cable T.V. service to the area. Work has stopped mid -way thru the gorge and residents were anxious as to whe6.ithey would receive the cable. Supvisor Blatchley wrote to Mrs Kay Feinstein and reported on a letter he had received from her in regards to the complaint. She stated they are planning Cable T. V. service to the area,bowever no definite date could be given when ; service would be completed. She expected work to begin again shortly. Supervisor Blatchley then read a letter from Mr. Novak of the N.Y. State D.O.T. re: proposed beautification project of the island at the junction of Rt 28I and 13 recommending that it be disapproved. Motion by Justice Eaton, seconded by Councilman Miller, that the letter be received and filed. Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye;Councilman Miller, aye; Supervisor Blatchley, aye. Motion carried. Town Engineer, William Rowell; submitted a voucher from Edlund Manufacturing Co.Inc. of N. Manlius St., Fayetteville, N.Y. for payment of relocation of water improvements at the intersection of Rt 281 and McLean Rd. The work has been completed and final payment has been approved subject to certain conditions. Mr. Rowell stated he had made final inspection today and is satisfied that the $3000. can be paid, with the Town still withh ding oof the contract for the remainder of the 12 Month period. RESOLUTION #84: AUTHORIZATION TO PAY CONTRACTOR FINAL PMT. FOR WATER RELOCATION 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. BE IT RESOLVED, that the Town Board'of the Town of Cortlandville, on recommendation of the Town Engineer,c:jdoes hereby approve payment of #3000. to Edlund Manufacturing Co. Inc. of Fayetteville, N.Y. for the re -location of water mains at the junction of Rt 28I and McLean Rd. with 2% of the contract being withheld as per agreement. Justice Eaton stated according to the Agricultural and Markets law we must,'_ have a dog enumerator appointed by September Ist. and suggested the Town Clerk be impowered to advertize for one. RESOLUTION #85: AUTHORIZATION OF THE TOWN CLERK TO ADVERTIZE FOR DOG _ENUMERATOR Motion:..by Councilman Miller, seconded by Councilman Griswold Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. RESOLVED, that the Town Clerk be, and she hereby is, authorized and directed to advertize publicly for a dog enumerator for the Town of Cortlandville for the year of 1976. Justice Eaton suggested the Town Attorney draw up a resolution in honor of Tony DeSanta who was named chairman of the Bi-Centenial Committee. Attorney Gardner stated he would. REaOLUTION #86: AUTHORIZATION TO PAY AUDITTED BILLS Motion: by Councilman Miller, seconded by Councilman Griswold Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; 1 • BE IT RESOLVED, that audited bills be paid as follows Wednesday, August 4, 1976 7.30 P.M. Page 3 fl 1 1 General Fund Claims #298-337 Water Dist. #1 °' ##90-96 Water Dist. #2 #5 Water Dist. #3 #6 Sewer Dist. #I #r9 Highway Dept. #168-201 $17,507.12 4,050.27 8.00 37.50 62.22 22,981.12 Total $44,646.24 There being no further business, motion was made by Justice Eaton, seconded by Councilman Miller, that the meeting be adjourned. Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Griswold, aye; Councilman Miller, aye; Supervisor Blatchley, aye. Motion adopted. Meeting was adjourned -at 8:40 P.M. Respectfully submitted, THERESA FORTIN DEPUTY TOWN CLERK 1� NOTICE OF ABANDONMENT J I Lehigh Valley Railroad Company �I Robert C. Haldeman, Trustee �. 415 Brighton Street Bethlehem, PA 18015 You are hereby notified, pursuant to Section 304 of the Regional Rail Reorganization Act of 1975, as amended by Section 804 of "the Railroad Revitalization and Reform Act of 1976, that the following lines listed at the pages shown below in Volume II of USRA's Final System Plan will be abandoned effective 12:01 AM on September 3, 1976. (Note: Geographical points are named in lieu of railroad points.) USRA Line No. Page No. Between And L. 1020 241 Odessa, NW Ordnance NY (Miile Post 302.2) (Mile Post 329.4) L. 1022 241 Victor, NY Rochester Jet., NY (Mile Post 372.0) (Mile Post 379.5) L. 1025 241 'Rochester Jet., NY Caledonia, NY (Mile Post'379.5) (Mile Post 392.5) L. 1023 241 Caledonia, NY Batavia, NY .(Mile Post 392.5) (Mile Post 409.l) L. 1015 242 Sayre, PA Owego, NY (Mile Post 271.0) (Mile Post 287..0) L. 1002 241 East Ithaca, NY Cortland, NY .(Mile Post —50.4)-- (Mile Post-68.8) L. 1003 241 Lock, NY Mead, NY '(Mile Post'335.4) (Mile Post 339.3) L. 1001 498 ' -Geneva, NY (Mile Post 344.5) Rushville, NY (Mile Post 360.2) L. 1005 503 Tunk annock, PA Montrose, PA (Mlle Post 207.3) (Mlle Post 234.2) L. 1006 503 Pipk Ash Jet., PA Drifton, PA (Mile Post 144.1) (Mile Post 145.2) L. 1008 380 .Shenandoah, PA Raven Run, PA (Mile Post 165.5) (Mile Post 172.1) L. 1007 380 .Skytop Coal., PA Rock, PA (Mile Post 162.7) (Mile Post 167.1) Robert C. Haldeman, Trustee of the Property of Lehigh Valley August 2, 1976 Railroad Company, Debtor I , 1 1 4 ", r- - to c2umm" t Addrpss to _Y , /I ).,.I co Co �CQ o -y z4 C) 3r . J�* (§� . qf qf Q) ly lv� 7 It . 7119 Ott R,,6Ad R., " Z 17 Ac led'? Ifodd Ifo er EZ —1 b- 0--d" - - � � S -- - 71 7A? 7A? Jr- 0) p k u in LeZa_o (Lo f gr w L 6r. I Vo eve � 1 -- - — - -- / -- ZY - l Wig. � I • r •- l,ar Y li i l/ 1Tad� � .�04,- - - 7,66 c)wr Ace _ __ S JZ 8", & rs f7 Rd.... s 61 p K rl Li Ne_ WX cor� . !, 1 A j 4 , ` , il Road pomi Ypd", Soo, Zas- �46yno,)i CIV, 7100 0 1), — 4Sao, -- ee), Z c ao, — .-If, /'Y 4,��, 6 c 4 'A s� 1 1 i JOHN J. GARDNER ATTORNEY AT LAW CORTLAND, N. Y. AT A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF CORT- LANDVILLE, CORTLAND COUNTY, NEW YO:RK, HELD AT THE TOWN HALL, 15 TERRACE ROAD, TOWN OF CQRTLANDVILLE, ON THE 4th DAY OF AUGUST, 1976. PRESENT: ROBERT P. BLATCHLEY, Supervisor, DONALD F. EATON, Justice of the Peace, RONALD J. FISH, Justice of the Peace, RAY E. MILLER, Cbbftiman, SHERMAN'.O. GRISWOLD, Councilman. a e a a a. e a a e a.•. e•• 0•• a, 0.4 a '. a a. a. e a e e a a e a. a e. a a a 0 e•••••• e••••• In the Matter of the Petition and Application for the Creation of Water District No. Five (5) of the Town of Cortland- ville, Cortland County, New York. . e 0 a 0 0 0 a e. a a . 0 a e e a a a a a- 0 0 e. a a . 6. e..• e• a a a . 0 a . a . 00 a e a . a•••• a•.• e WHEREAS, A written petition dated July 28, 1976, by Brian McMahan, Russell K. Culver, Christine Culver, Melvin H. Pierce, Estelle M."-Pierce, Louis. E. Yaman, Mary L. Yaman, Gunzenhauser Farm and Livestock, Byron J. Mudge, Anna E. Mudge, Daniel P. Glezen, Betty M. Glezen. Joseph W. Fox, Carol A. Pox, Roland G. Oaks, Leolyn V. Oaks, William S. Stubbs, Enid V. Stubbs,,Claude A. Munson, Bertha M. Munson, SCM Corporation, Isadore D. May, and Margaret T. Bidwell,.in due form and containing the required signatures has been presented to and filed with the Town Board of the Town of Cortlandville, Cortland County, New York, for the establishment of a water district to be known as Water Dis- trict No. 5 of the Town of Cortlandville, to be bounded and des- cribed as follows: All that tractor parcel of land situate in the Town of Cortlandville, Cortland County, State of New fork, being part of Lots No. 82, 92. and 93 in said Town, and being more particularly described as follows: A parcel of land being located in Lots 5*, 92 and 93, of the Town of Cortlandville, Cortland County, New York, more definitely described as follows: Beginning at -a point situate 200 feet easterly of the centerline of N.Y.S. Route 13-and marking the northerly line of lands of Smith -Corona -Merchant, Inc., and the south• erly limits of lands of the Cortlandville Mall; Thence, 1 1 JOHN J. GARDNER ATTORNEY AT LAW CORTLAND. N. Y. running southerly along a line parallel to and 200 feet easterly of the centerline of said Route 13, a distance of 1350 feet, more or less, to a point in the northerly line of lands of* .Yaman; Thence, running easterly along the northerly line of; lands of said Yemen a distance of 10 feet, more or less, to the northeasterly corner of lands of said Yemen; Thence, running southerly along the east- erly line of lands of said Yemen a distance of 320 feet, more or less, to�a point marking the southeasterly corner of lands of said'Yaman and the northeasterly corner of lands of Aldrich.; Thence, running southerly along the easterly line of lands of said Aldrich a distance of 140 feet, more or less, to a point marking the southeasterly corner of lands of said Aldrich; Thence, running westerly along the southerly line of lands of said Aldrich a dis- tance of 250 feet, more or less, to a point marking the northeasterly corner of lands of Gunzenhauser; Thence, running southerly along the easterly line of lands of said Gunzenhauser and an extension thereto a distance of 220 feet, more or less, to a point in the centerline of Bennie Road; Thence, running easterly along the centerline of said Bennie Road a'distance of 240 feet to a point; Thence running southerly a distance of 240 feet, more or less, to a point marking the northeasterly corner of lands of Munson; Thence.- running southerly along the easterly line of lands of said''Munson and an extension thereto a dis- tance of 230 feet; more or less, to a point in the center- line of South Cortland -Virgil Road; Thence, running easteT ly along the centerline of said South Cortland -Virgil Road a distance of 320.feet, more or less, to a point on range of the easterly line of lands of Stubbs; Thence, running southerly along the easterly line of lands of said Stubbs, and an e:itention thereof, a distance of 125 feet, more or less, to the southeasterly corner of lands of said Stubbs; Thence, running westerly along the southerly line of lands of said Stubbs a distance of 120 feet, more or less, to a point marking the southwesterly corner of lands of said Stubbs and the easterly line of lands of Oaks; Thence, running.southerly along the easterly line of lands of said Oaks a distance of 50 feet, more or less, to the southeasterly corner of lands of said Oaks; Thence, run- ning westerly along the southerly line of lands of said Oaks a distance of 140 feet, more or less, to a point marking the southwesterly corner of lands of said Oaks; Thence, running northerly along the westerly line of lands of said Oaks a distance of 75 feet, more or less, to a point marking the southeasterly corner of lands of Pierce; Thence, running westerly along the southerly line of lands of said Pierce a distance of 230 feet, more or less, to the southwesterly corner of lands of said Pierce; Thence, running northerly along the westerly line of lands of said Pierce, and an extension thereof, a distance of 110 feet, more.or less, to the centerline of said Soutr Cortland -Virgil Road; Thence, running westerly along the centerline of said South Cortland -Virgil Road a distance of 200 feet, more -or less, to a point on range of the easterly line of lands of May; Thence, ;running southerly along the easterly line of lands of said May, and an extension thereto, a distance of 220 feet, more or less, to a point marking the southeasterly corner of lands of said May; Thence, running westerly along the southerly .line of lands of .said May a distance of 65 feet, more or less, to a point marking the northeasterly corner of land of Reese; Thence,. -running southerly along the easterly li e LI IOHN J. GARDNER ATTORNEY AT LAIR! CORTLAND. N. Y. of lands of said'Reese and lands of McMahon and lands of Wood a distance of 440 feet, more or less, to a point in the easterly line of said Wood, narking a change in align- ment in the easterly line of said Wood; Thence, running southeasterly along the easterly line of lands of said Wood and the lands of Gabriel a distance of 400 feet, more or less, to the southeasterly corner of said Gabriel; Thence, running westerly along the southerly line of lands of said Gabriel a distance of 270 feet, more or less, to a point marking the northeasterly corner of lands of Cincotta; Thence, -running southerly along the easterly line of lands of said Cincotta and lands of Glezen a dis- tance of 325 feet, more or less, to a point marking the southeasterly corner of lands of said Glezen; Thence �}4n- nin g westerly along the southerly line of lands of said Glezen and extension thereto, a distance of 230 feet, more or less, to a point in the centerline of said Route 13; Thence, running northerly along the centerline of said Route 13 a distance of 1035 feet, more or less, to a point on range o-f the southerly property line of said Reese, which is situate on the easterly side of Route 13; Thence, running westerly along a line perpendicular to the centerline of said Route 13 a distance of 315 feet to a point; Thence, running northerly along a line perpendicu to the last mentioned course a distance of 220 feet, more or less, to a point marking the northerly line of lands of Gunzenhauser; Thence, running northerly a distance of 175 feet, more or less, -to a point marking the southwesterly corner of lands of'G. Bidwell; Thence, running northerly along the westerly line of lands of said Bidwell and lands of Stevens a distance of 200 feet, more or less, to a poin marking the northwesterly corner of lands of said Stevens; Thence, running easterly along the northerly line of lands of said Stevens a distance of 200 feet, more or less, to a point in the northeasterly corner of lands of said Steve Thence, running northerly along the westerly line of lands of Stevens and the -westerly line of lands of South Cortlan Grange.and the westerly line of lands of Mudge a total distance of 260 feet, more or less, to a point marking the northwesterly corner of lands of said Mudge; Thence; run- ning easterly along the northerly line of lands of said Mudge and an -extension thereof, a distance of 200 feet, mo or less, to a point marking the centerline of said Route 131 'Thence, runningg northerly along the centerline of Rout 13 a distance of 1680 feet, more or less, to a point on range of the northerly line of lots of said Smith Corona Merchant; Thence, running easterly along the northerly lin of lands of said. SCM a distance of 200 feet, more or less, tothe first -mentioned point or place of beginningb all as shown on the map entitled Proposed Facilities for Water District No. 5, Town of Cortlandville, Cortland County, New York, dated May..24, 1976 and revised July 17, 1976 and prepared by Rowell and Associates, Surveyors, Planners, and Engineers. WHEREAS, It is proposed that the improvements in said Water District No. 5 shall,consist of a water supply system and allied facilities consisting of water supply pipes, mains, and hydrants running northeasterly and southwesterly along New York State Route No. 13 for a distance of approximately 3645 feet and running southeasterly and northwesterly along Cortland -Virgil Road .a r s; 7 1 JOHN J. GARDNER ATTORNEY AT LAW CORTLAND, N. Y. a distance of approximatel'y 690 feet as shown on the aforesaid map all in accordance with the permanent plan made a part of such petition and now in file of the office of the Town Clerk; and WHEREAS, The maximum amount to be proposed by said Water District No. 5 for the construction of such water supply system and all other appurtenances and all expenses therefore, as stated in such petition is the sum of $100,000.00s NOW, THEREFORE, It is ORDERED, That .a meeting of the Town Board. of the said Town of Cort-'iandville shall be held at the Town Ball, 15 Terrace Road, in the Town of Cortlandville, Cortland County, New York, on the 25th day of August, 1976, at 8:00 o'clock, PM, to consider the said petition and to hear all persons interested in the sub- ject matter thereof concerning the same, and for such other actic on the part of said Town Board with relation to the said petition as may be required by law or proper in the premises. Dated:. August 4, 1976 Robert P. Blatchley, Supervisor, Donald F. Eaton, Justice of the Peace, Ronald J. Fish, Justice of the Peace, Ray E. Miller, Councilman Sherman 0. Griswold, Councilman. Members of the Town Board of the Town of Cortlandville, New York, STATE OF NEW YORK COUNTY OF CORTLAND SS.: TOWN OF CORTLANDVILLE I, THERESA FORTIN, Deputy Town Clerk of the Town of Cort- landville, Cortland County, New York, do hereby certify that I have compared the preceding Order with the original thereof filed In my office In the Town Hall In the Town of Cortland- ville, Cortland County, 14ew York, and that the same Is a true and correct copy o.f said,_.original and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and of" fixed the seal of said Town, this 12th day of August, 1976. ($EAL) Good. Therese Fortin Deputy Town Clerk of the Town of Cortlandville, Cortland County, New York-— JOHN J. GARDNER ATTORNEY AT LAW CORTLAND, N. Y. AFFIDAVIT OF POSTING STATE OF NEW YORK, ) - , ) SS.: COUNTY OF CORTLAND. ) THERESA FORTIN, being duly sworn, deposes and says: 1. That she is the duly appointed and acting Deputy Clerk of the Town of Cortlandville, a municipal corporation, and she maintains her.o.ffice in the Town Hall at 3577 Terrace Road, in the Town of Cortlandville, County of Cortland and State of New York. 2. That on the 13th day of August, 1976, your deponent posted a certified copy of the order of the Torn Board of the Torn of Cortlandville, which was adopted by the Town Board of the Town of Cortlandville,st a meeting held at the Town Hall on August 4, 1976, by posting a certified copy thereof of which the annexed is a copy, on the S-Ign Board maintained by your de- ponent near the main entrance to her office pursuant to the provisions of Section 30, of the Town Law of the State of New York. Sworn to before me, this-13th day of august, . • e s s • • • s o • . • . • • • . • • m 9e.'6 s • • • • • • a • • A GARDW Rio WI Notary Pubk State ®f New Ycw Quatef ed in C.i&oRd Gountq ate] JOHN J. GARDNER ATTORNEY AT LAW CORTLAND, N. Y.