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Home My WebLink About08-18-1976Wednesday, August 18, 1976 7:30 P.M. Pg.l :.l 1 n U 1 E 1 The second regular 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 and Councilman, Sherman Griswold. Justice Ronald Fish and Councilman Ray Miller were absent as they were on vacation. Others present were: Town Clerk, Christine Canestaro; Deputy Town Clerk, Theresa Fortin; Town Attorney, John Gardner; Town Engineer, William Rowell; Town Assessor, Robert Wells; Town Highway Supt., Carl Eaton; Zoning Enforcement Officer, Don Fowler; Legislator, Delmar Palm; Mrs. Delmar Palm; Willard Griswold; Tony DeSanta; Mel Pierce; and news reporter, Skip Chapman. The Supervisor called the meeting to order and the pledge of allegience was given by all in attendance. The Town Clerk read the minutes of the last meeting. Upon motion of Justice Eaton, seconded by Councilman Griswold, the minutes were approved as read. Votes: Justice Eaton, aye; Councilman Griswold, aye; Supervisor Blatchley, aye. Motion carried. The Town Clem read a letter from New York State Dept. of Environmental Conservation, Albany, N.Y., signed by Peter A.A.Berle, regarding public hearings to be held in September relative to rules and regulations to regulate solid waste management practices in New York State. Motion was made by Justice Eaton, seconded by Councilman Griswold to receive and file the letter. Votes: Justice Eaton, aye; Councilman, Griswold, aye; Supervisor Blatchley, aye. Motion carried. Mrs.Canestaro reported that Mrs. Ray Stedwell of 6 Lamont Cr. had complained of an excessive water charge for the quarter ended June 30, 1976. Fred Walker installed a new meter head 7/12/76 as the old one was malfunctioning. Motion was made by Justice Eaton, seconded by Councilman Griswold that Mr. Stedwell's bill for the quarter ended 6/30/76 be adjusted to reflect the same consumption as the same period last year and that his account be credited accordingly. Votes: Justice Eaton, aye; Councilman Griswold, aye; Supervisor Blatchley, aye. Motion carried. Justice Eaton gave the following report on the activities of his office for the month of April as follows: Solid Waste Management Publ is Hearings authorization to adjust Ray Stedwell water service chg.for qtr. ended 6/30/76 339 cases completed $6►588 in fines and forfeitures turned over to the state comptroller $2,104 in pending cases being held by the Court RESOLUTION #8 s H_UNORING TONY DE SANTA Motion by Councilman Griswold, seconded by Justice Eaton. Votes; Justice Eaton, aye; Councilman Griswold, aye; Supervisor Blatchley, aye. Adopted. WHEREAS Resolution No. 126 adopted by this board at its regular meeting held on October 21, 1974 appointed Anthony DeSanta as Town Bicentennial Chairman; and WHEREAS under his leadership, the town bicentennial committee was organized which became an active viable, effective group which has conducted several bicentennial activities,all of which brought great credit to the Town of Cortlandville, THEREFORE, Be it RESOLVED, That this board hereby expresses its appreciation to Mr. DeSanta for his outstanding effort in helping to bring about these excellent town bicentennial activities; and be it further RESOLVED, that this resolution be spread upon the minutes of this meeting of this board and that a copy thereof be transferred to Anthony DeSanta as his testimony of the esteem and appreciation which this board has for his efforts. Justice Report 4 Wednesday, August 18, 1976 Pg. 2 Airport Justice Eaton commended the Legislators, Delmar Palm, Shirley Airport Fish and Henry Wadsworth for their part in voting down the proposed airport expansion, stating "We really appreciated it. I feel that is the way it should have been for the benefit of the people of Cortland County, but for the Town of Cortlandville, especially. I, for one, as a town board member appreciate your not being caught up in the bureaucracy of the county government and sold down the river." Liability Ins. Supervisor Blatchley briefed the town board on a letter he for Town Emp. had received from Associated Risk Managers of New York State, Albany, N.Y. regarding liability insurance coverage for public officers and employees. Motion was made by Justice Eaton, seconded by Councilman Griswold that the letter be received and filed and a copy of same be given to each town official. Votes: Justice Eaton, aye; • Councilman, Griswold, aye; Supervisor Blatchley, aye. Motion carried. Supervisor Blatchley read a letter from CAPCO regarding a survey Housing Needs they are making of the housing needs for Cortland County. Motion was Survey by made by Justice Eaton, seconded by Councilman Griswold to receive and CAPCO file the letter. Votes: Justice Eaton, aye; Councilman Griswold, aye; Supervisor Blatchley, aye. Motion carried. Supervisor Blatchley read a letter from Mayor Forcucci advising Ambulance of a meeting to be held at the city hall on 8/23/76 at 4:00 P.M. meeting in regards to a need for an improved ambulance system and costs thereof. Motion was made by Justice Eaton, seconded by Councilman Griswold to receive and file the letter. Votes: Justice Eaton, aye; Councilman Griswold, aye; Supervisor Blatchley, aye. Motion carried. Supervisor Blatchley advised that he planned on attending the meeting. Urban transit plan Supervisor Blatchley read, for information only, a letter he had received from Central N.Y. Regional Planning & Development Board regarding urban transit plans. He advised he had a comprehensive copy of the plan in his office if anyone wanted to review it. 701 Master Plan Supervisor Blatchley advised he had written to Mr. Gordon Hatheway, Chairman of the Town Planning Board regarding 12 areas he felt needed to be changed on the 701 Master Plan map. Justice Eaton stated he felt that the Town Board, as the governing body of the town, should be given an opportunity to make suggestions before the plan is adopted. Pyramid Mall Supervisor Blatchley reported Mr. Ed. McNeil of Pyramid Mall had Utilities asked him to bring up the possibility of the town buying the utilities which Pyramid had established at the mall. No action was taken at this time. Re Law Justice Eaton apprised the board of a newly enacted law which forbids forbidding town justices, selected for a term of office commencing on or after Town Justices 7/1/77 from serving as a member of a town board in a town of the second to serve on class". "In any town in which a town justice serves as a member of the town board town board, such town justice shall continue to serve as a member of the town board until the expiration of his term. Thereafter, any town justice shall not be a member of the town board and a town councilman shall be elected as a member of such town board in place of such town justice except as otherwise provided by town board resolution adopted pursuant to the provisions of sec. 60-a of the Town Law. Motion was Rstice made Eaton, seconded by Councilman Griswold that the amendment • relative to 60 & 60 a of the Town Law, received by the Supervisor, be received and filed in the town clerk's office. Votes: Justice Eaton, aye; Councilman Griswold,aye; Supervisor Blatchley, aye. Motion carried. Engineer TOWN ENGINEER, WILLIAM ROWELL REPORTED RE: Report THIRD WELL - Drawings have been approved for construction. Construction should begin in approximately 2-3 weeks. SOUTH CORTLAND WATER - Supervisor Blatchley advised there would be a public hearing 8/25/76 at 8:00 p.m. on the petition requesting the creation of a water district in South Cortland. Mr. Blatchley stated he would like to call a special meeting of the board directly after the public hearing to approve or disapprove of the creation of Water District #5 so that the application for F.H.A. funds can be made as soon as possible. Wednesday, August 18, 1976 Pg. 3 rfi • 1 • 1 ENGINEER'S RETORT CONTINUED: TERRACE RD. SEWERS: There is presently legislation for two different types of funding which -the above project could come under. 1. Accelerated Public Works Program: Documents must be in as soon as applications become available. (They are not available at the present time) When appl icatinn_Vis made, the project must be under construction within 90 days. This funding program will probably provide 100J aid. 2. Sewer Lateral Funding Program: We may be in line to make application for these funds about the first of the year, depending on the completion of the Sewer Agency Study. This fund will provide 75% aid. The town will apply for the Accelerated Public Works Program funding. If unsuccessful there, we will apply for the Sewer Lateral Funding. If unsuccessful in obtaining funds from both these programs, we will apply for Apalachin or other available funding programs. Mr. Rowell said the Accelerated Public Works Program application will be made first and in order to be in line for that, the project must be ready to go to bid at the time the application is submitted. This involves preparing of detailed drawings and plans and holding a public hearing. He suggested the public hearing be held as soon as possible so that other details can be accomplish in preparation for submitting of the application as soon as applications are available. TERRACE ROAD SEWERS Attorney Gardner explained the amendment to the Environmental Conservation Law pretaining to the adoption of local fresh water wetlands protection laws and ordinances by towns and villages (Art. 24 of the Environmental FRESH - Conservation Law). He advised that, in order to prevent the county and state from taking over the town's wetlands, the town must adopt a law to WATER regulate the wetlands, by 9/l/76. Maps designating wetlands have not WETLANDS been receivd from the Dept. of Environmental Conservation, as yet. However, in order to protec. the town's wetlands from being regulated by the county or the state, the town board deemed it advisable to adopt the following Local Law, a copy of which was placed on the desk of each town board member this evening. Local Law # 1, 1976 was introduced by Justice Donald Eaton pursuant to Art. 24 of the New York Environmental Conservation hi ao%p rovide'or thei-protection, .preservation:. and conservation of the fresh water wetlands within the boundaries of the town of Cortlandville. LOCAL LAW NO. 1, 1976 FRESHWATER WETLANDS PROTECTION LAW Town of Cortlandville Cortland County, New York A LOCAL LAW of the Town of Cortlandville pursuant to Article 24 of the New York Environmental Conservation Law to provide for the protection, preservation and conservation of the freshwater wetlands within its boundaries. BE IT ENACTED by the Town Board of the Town of Cortlandville, New York, as follows: Section 1. Pursuant to Section 24-0501 of the New York State Freshwater Wetlands Act..(Article 24 of the New York Environmental Conservation Law), the Town of Cortlandville shall fully undertake and exercise its regulatory authority with regard to activities subject to regulation under the Act in freshwater wetlands, as shown on the Freshwater Wetlands Map, as such map may from time to time be amended, filed by the Department of Environmental Conservation pursuant to the Act, and in all areas adjacent to any such freshwater wetland up to 100 feet from the boundary of such wetland. Such regulatory authority shall be undertaken and exercised in accordance with all of the procedures, concepts and definitions set forth in Article 24 of the New York Environmental Conservation Law and Title 23 of Article 71 of such law relating to the enforcement of Article 24, as such law may from time to time be amended. Section 2. This law, adopted on the date set forth below, shall take effect upon the filing with the clerk of the Town of Cortlandville of the final Freshwater Wetlands Map by the New York State Department of Environmental Conservation pursuant to Section 24-0301 of the Freshwater Wetlands Act applicable to any or all lands within the Town of Cortlandville. S6 Wednesday, August 18, 1976 Pg . 4 RESOLUTION #88: SETTING DATE FOR PUBLIC HEARING RE: LOCAL LAW #1 Motion by Justice Eaton, seconded by Councilman Griswold Votes: Justice Eaton, aye; Councilman Griswold, aje; Supervisor Blatchley, aye. Adopted. BE IT RESOLVED, That the Town Board of the Town of Cortlandville will hold a public hearing on August 25, 19?6 at 7:30 p.m. on Local Law A, 1976, introduced by Justice Eaton entitled Local Law #1 of the Town of Cortlandville pursuant to Article 24 of the New York Environmental Conservation Law to provide for the protection, preservation and conservation of the freshwater wetlands within the boundaries of the Town of Cortlandville. Regarding the petition for the creation of Water District #5, Water Attorney Gardner advised that Section 191 of the Town Law states that District #5 "if a portion only of a parcel of such real estate appearing upon the assessment -roll is situate within the proposed district or extension thereof, then the town board may determine the relative value of the part thereof within the proposed district or extension thereof, based upon the valuation of the entire parcel as the same appears upon the assessment -roll. The following resolution was then adopted. RESOLUTION #89: SETTING RELATIVE VALUE OF LANDS OF GUNZENHAUSER FARM & LIVESTOCK, MARGRET T. BIDWELL AND SCM CORP. Motion by Justice Donald Eaton, seconded by Councilman Sherman Griswold. Votes: Justice Eaton, aye; Councilman Griswold,aye; Supervisor Blatchley, aye. Adopted. WHEREAS, a petition dated July 28, 19?6, by Brian McMahon, et al, requesting the creation of Water District No. 5 in the Town was file with the Town Clerk on August 4, 19?6; and it appearing that a portion of the lands of Gunzenhauser Farm and Livestock, Margret T. Bidwell and SCM Corporation, which appear upon the 1975 assessment roll of the Town, are within the boundaries of the proposed Water District No. 5; be it RESOLVED, that, pursuant to Section 191 of the Town Law, that the relative value of that portion of lands of Gunzenhauser Farm and Livestock, Margret T. Bidwell and SCM Corporation, which have been described in said petition and situate within the boundaries of the proposed Water District No. 5, based upon the valuation of the entire lands, as the same appear upon said assessment roll, be, and hereby are, determined to be as follows: Gunzenhauser Farm & Livestock $36,500.00 Margret T. Bidwell 9,200.00 SCM Corporation 36,000.00 There being no further business, motion was made by Justice Eaton, seconded by Councilman Griswold, all voting aye, that the meeting be adjourned. The meeting was adjouned at 8:52 p.m.. Respectfully submittad CHRISTINE CANESTARO TOWN CLERK 1 U J RESOLUTION #87 Upon motion by Councilman Sherman Griswold, and seconded by Justice Donald Eaton, the following Resolution was unanimously adopted: RESOLUTION HONORING TONY DESANTA. WHEREAS, Resolution No. 126 adopted by this board at its regular meeting held on October. 21, 1974 appointed Anthony DeSanta as Town Bicentennial Chairman; and WHEREAS, under his leadership``the Town Bicentennial Committee was organized which became an active, viable,effective group which has conducted several bicentennial activities all of which brought great credit to the Town of Cortlandville; THEREFORE, be it RESOLVED, that this board hereby expresses its appreciate n to Mr. DeSanta for his outstanding effort in helping to bring about; these excellent town bicentennial activities; and be it further RESOLVED, that this resolution be spread upon the minutes of this meeting of this board and that a copy thereof be transferred to Anthony DeSanta as his testimony of the esteem and appreciation which this board has for his efforts. Lou n f 7Counc' man Town Clerk Dated: August 18, 1976 Town of ortlandvill