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HomeMy WebLinkAbout03-05-1975142 Wednesday, March 5, 1975 7:30 P.M. Pg.l The first regular meeting of the month of the Town Board was held at the Town Hall, 15 Terrace Rd. with Supervisor Robert P. Blatchley presiding. Other Board members present were: Justices, Donald Eaton and Ronald Fish; and Councilmen, Ray Miller and Sherman Griswold. Others present were-. John Gardner, Town Attorney; William Rowell, Town Engineer; Town Clerk, Christine Canestaro; Deputy Tov,m Clerk, Theresa Fortin; Town Assessor, Robert Wells; Water & Sewer Dept. Supt., Fred Walker, Sr.; Bookkeeper to Supervisor, Renee Bilodeau; and Legislator, Shirley Fish, and several residents of the Town. The meeting was called to order by Supervisor Blatchley and the pledge of allegience was given by all in attendance. The Town Clerk read the minutes of the last meeting. Upon motion of Councilman Miller, seconded by Justice Eaton, all voting aye, the minutes were approved as read. The Town Clerk gave each Board member a copy of a letter she had received from the Public Service Commission regarding a street lighting rate increase by Niagara Mohawk Power Corp. Upon motion of Justice Eaton, seconded by Councilman Miller, all voting aye, the letter was ordered received and filed and each member was directed to read his copy of the letter. The Town Clerk reported:she had not issued any building permits during the month of February; the Zoning Board of Appeals had held a hearing regarding the application of Neisner Bros. for installation of an oversize sign at the Groton Ave. Shopping Plaza. Copies of the Planning Board minutes were given to each Board member. Supervisor Blatchley reported the financial status of the Town as of February 28, 1975, as follows: General Fund balance $213,396.54 Federal Revenue Sharing bal. 83,490.45 Sewer Dist #1 balance 40,607.81 Water Dist.#1 balance 113,492.81 Water Dist.#2 balance 1,477.21 Water Dist.#3 balance 4,181.84 Highway Fund Balance 176,631.77 comprised of: Repairs & Improve. $75,085.68 Bridges 12,415.53 Machinery 44,225.96 Snow Removeal & Misc 44,904.60 •.176,931.77 Justice Fish reported on the Zoning Ordinance Task Force meeting held 2/24/75. He reported that basically, they had reviewed the PUD section of the Zoning Ordinance (Art.11). A sub -committee of four people, Theodore Zollendeck, William Rowell, William Bean and Dexter Paddock, had been appointed by the Task Force to draw up an updated, tentative, PUD section for the Zoning Ordinance. He advised -that the Task Force felt the entire Zoning Ordinance should be revised and would proceed on that premise. Mr. Fish apprised the Board that County Planner Zollendeck offered his help and would investigate what monies were available to municipalities for funding the overhauling and updating of their Zoning Ordinances. Mr. Zollendeck, he said, recommends that the Town have a master plan to go along with the updated Ordinance. 1 • Fred Walker registered his concern for whose responsibility it would be for relocation of town property (hydrants, and water lines) which might be moved when the State improves the intersection at 281 and McLean Rd. 1 1 143 Wednesday, March 5, 1975 Pg.2 D E I. Mr. Rowell advised that the State plans should be reviewed and that special attention. should be given to their proposals, as there would be times when service would be discontinued during the relocation process; and that a close watch should be maintained at this time to see that all materials are replaced consistent with what is now there and so that a proper disinfection of the lines can be maintained. Mr. Rowell will contact the State to see what plans are being made for this intersection. Fred Walker requested the Boards sanction to plant 1000 white spruce trees and 200 Colorado blue spruce trees on -the Water Dept. property. These trees, he said, could be obtained from the Conservation Dept. for a, total cost of $70.00. Mr. Rowell advised that tree Health Dept. should be consulted before any plantings wvere made. It was agreed that if the Health Dept. gave their approval, the trees could be purchased. Mr. Walker said he would consult Mr. Feuss. Supervisor Blatchley reported he had made further investigations for- a site for -the permanent location of the Cortlandv _lle Fire Co.; he had met with the Cortlandville Bicentennial Committee; finished the list of records available for public inspect -Lon, pursuant to chapters 578,579, & 580 of the New York State Freedom of Information Laws of 1974; attended the Task Fcrc:e committee meeting; read the PTM report on their affluent discharge; had discussions re annexation with Brud Go:�,man and others; had discussions with Mr. Contento on his tract near exit 12 in Homer. Justice Eaton reported that after studying the New York State Building Codes, he and Justice Fish had met wit1h Mr. Rowell and Dick Chamberlain of Rowell & Associates to discuss wvi th there further the feasibility of adopting the State Codes. They also had reviewed the National Building Codes and felt that they covered more but.were more stringent. The recommendation of his committee, he said, is to adopt -the New York: State Building ;;odes in its entirety, (Code A, Code B, Code C, and code P) arld the National Electric Code, and the Fire Prevention Code recommended by --the, American Insurance Association., thus the Towns would be fully protected. Justice Eaton stated that the adoption of the Building Codes would not affect existing buildings as the codes are not retroactive. Justice Fish advised that the Building Codes could be adopted by resolution of the Town Board but'the Fire Prevention Code and the National Electric Code had to be adopted by an Ordinance or Local Ijaw, preferably - Local Law, Attorney Gardner stated that the publication of the adoption of -the State Building Codes was not necessary. RESOLUTION #30 : ADOPTION OF STATE BUILDING CODES Upon motion by Justice Ronald Fish and seconded by C-ouncilman Ray Miller, a Resolution was unanimously adopted, as follows: RESOLVED, That the Town Board of -the Town of Cortlandville, Cortland County, New York, hereby accepts the applicability of the State Building Construction Code for thv Town of Cortlandville, to be effective its said Towf3 of Cortlail-idville on the first day of April, 1975, in accordance with the provisions of Section 374-a of the Executive Law; and it is further RESOLVED, That the Town Clerk be, and she hereby is, instructed to file,a certified copy of this Resolution in the principal office of the State Building Code Council, Division of Housing a Community Renewal, 393 Seventh Avenue, New York, New York, and in the office of the Secretary of State at Albany, New York. Wednesday, March-5, 1975 Pg.3 RESOLUTION -�31: SETTING DATE FOR PUBLIC HEARING ON THE ADOPTION OF A BUILDING CONSTRUCTION CODE ADMINSTRATIVE ORDINANCE UDon motion of Justice Donald.Eaton, seconded by Councilman, Ray Miller, all voting aye, the following Resolution was adopted: RESOLVED,That the Town Board of the Town of Cortlandville, Hold a public hearing on April 16, 1975 at the Town Hall, 15 Terrace Rd., at 7:30 P.M. On the matter of the adoption of a certain proposed Building Construction Code Administrative Ordinance of the Town of Cortlandville. RESOLUTION ;#32: SETTING DATE FOR PUBLIC HEARING ON THE ADOPTION OF THE NATIONAL ELECTRIC CODE Upon motion of Justice Fish, seconded by Councilman Miller, all voting aye, the following resolutions were adopted: RESOLVED, That the Town Board of the Town of Cortlandville, hold a public hearing on April 16, 1975 at the Town Hall, 15 Terrace Rd. at 7:30 p,m, on the matter of the adoption of the National Electric Code. RESOLUTION ##33:SETTING DATE FOR PUBLIC HEARING ON THE ADOPTION OF THE FIRE PREVENTION CODE RESOLVED, That the Town Board of -the Town of Cortlandville, hold a public hearing on April 16, 1975, at the Town Hall, 15 Terrace Rd. at 7:30 p.m. on the matter of the adoption of the Fire Prevention Code recommended by the American Insurance Association. Attorney Gardner reported on his legal investigation of the proposed extention of sower District :#1, per plan 2 of Rowell & Assoc. study, and gave the following advice: 1. The extention must be made by petition of property owners of that area. 2. All of the cost of that extension shall be born by property owners of that area on a benefit basis. 3. Streets already in the Sewer. Dist. must be undertaken under a different project. 4. Sec.199 of the Town Law states, The Town Board may construct lateral servers on any street or highway after a petition by more than one half of the property owners .fronting on the street and one half of the residents, has been received. Each street makes its own petition. Each petition must state the maximum estimated cost of the project for each street. Cost of project is paid for by the property owners included within the area benefited by the sewer lateral; in proportion with the amount of benefit which the improvement confers upon the property. 5. Cannot include extension of the present district and the installation of laterals in existing district all in one project. 6. After petitions are filed and are sufficient to permit the Town Board to continue with the project, then the petitions of one or more streets can be consolidated into one or more projects. William Rowell will investigate further, the cost of -the project, after petitions are received for a feasability study from each street involved. 1 • 1 Wednesday, March 5, 197 J� 4 1- 40 The Town Cleric read the following petition signed by �Jt✓� "J 17 reside°its cI f South Cortland: "The undersi-gned, being owners of taxable real propertyy I o c %ed ir, and -near the Hairzlet of SoutCo h rtland , in the Town,of Cortlandville, Cortland County, Mew York, do hereby petit^ or: and request the Town Board .,f the sazct Town to cause a study to be made by the er:.gi-.peer of said Town, fo—,. :he purpose of forming a Water District in and near said Hamlet of South Cortland, without any deca.s? on to be {made by -Erie undersigned as to Lvinether or not to support an application for the creation of said °ru ter Di v tr_.ct ui:;r_"'_ after the Town Ei�g-rzec r has su'rJmit- t:ed his ;written r-opor4- of said study,' ® Upon mot -ion by ustice Ronald Fish, seconded by Council -man Ray Miller, all voting aye, -the petition was ordered received and filed. Mr. Mel Oierl e, a South Cortland resident, ;Mated he had contacted all the resident in the area and that the Petition represents signatures of all but -two properties in C� the area; both properties are owned by the same person. Mr. Pierce stated there were a couple of people outside the v� proposed extension who wished -to have fire hydrants only and not water service tc their residents. Attorney Gardner explained that the proposed district could be extended to include others, but that the cost to all persons .in the district would be computed on an ad valorem basis, whether it was for just a fire hydrant or for water service to -the resident. He advised that the next step would be to petition the Tovm Board to extend the district into that area or to create a new district. The petition should state the estimated cost of the lAra jcct expected -to be paid by the residents of that- � d t s t I,.i c '- Super -visor Bla.tchley questioned whether it would be wise -to have the To-vai Engineer locate and a.nali ze a possible Sit( for uti 1._i. za `. ion by the Cortlandville Fire Co. or whether the Town. Board should undertake this project themselves. The Toy-%,n Board members indicated they wished to meet to discuss it further, at some .Lut:ure date. Robert Sutton, a property owner of the Town of Cortlandville, asked if the Town would have a Fire Dept. of its own. Justice Eaton explained that the future plans of the Town was to have its own fire Dept. and that although it is not planned for the immediate future, plans undertaken at this time would be projecting; toyva.rds that end. A-`utorney Gard_ier read a petition signed by Franc i s P. Gorman, Jr. , Robert T. Kelley, and Bernard J. Di 1.1 .for "�'he annexation to the Village of Homer of certain territory adjoining said village, now located wholly in the Town of Cortlandville, Cortland County, New York." "For presentation jointly to the Town Board of the Town of ® Cortlandville and the Board of Trustees of the Village of Homer". A copy of the petition is attached to and made a part of these minutes. Upo:a motion Of Justice Ronald Fish seconded by Councilman, Sherman Griswold., all voting aye, the petition was ordered received and fil ea. Attorney Gardner advised that, pursuant to sec.704 of the General aiuriici.pal Law, within 20 days a legal notice has to be published announcing a joint public hearing on the annexation; and that not less -than 20 days, nor more than 40 days after publishing, a. public hearing must be held. April 9, 1975, in this case. There c;a.s considerable discussion on the date of scheduling the public hearing. It %vas decided that; it would be taken up between Supervisor Blatchley, Mayor Calale, Atty. , John Gardner and :itty. , Jack Fitzgerald. 1-4.6 Wednesday, March 5, 1975 Pg• 5 Supervisor Blatchley reported that the Task Force, appointed for the purpose of making a comprehensive study of the 1968 Zoning Ordinance, recommended that the entire ordinance should be revised and that the master plan should be updated in conjunction with the revision of the zoning ordinance. He said that Mr. Zollendeck would apply for State funds for this purpose and that it would cost the Town $700.00 to $1,000.00, representing 10% of total project funds. However, a letter of intent is needed before application for these funds can be made. RESOLUTION ;#35: AUTHORIZATION FOR SUPERVISOR TO SPRITE LETTER OF INTENT TO COUNTY PLANNER. Upon motion of Justice Ronald Fish, seconded by Councilman, Sherman Griswold, all voting aye, the following resolution was adopted: WHEREAS, The Town Board of the Town of Cortlandville by Resolution #18, adopted on Jan.22, 19?5, did appoint a Task Force Committee for the purpose of making a comprehensive study of the 1968 Zoning Ordinance of the Town of Cortlandville and to make its recommendations to the Town. Board, and WHEREAS, The Task Force Committee, does recommend that. the entire Ordinance be revised and. the Master Plan updated; now therefore be it RESOLVED, That the Supervisor be, and he hereby is, authorized to write a letter of intent to -the Cortland County Planner, Mr. Theodore Zollendeck, requesting assistance in the revision and updating of the Town of Cortlandville Zoning Ordinance of 1968 and the updating of the Town of Cortlandville Master"Plan, providing public funds are available for this project. Mr. Blatchley read a copy of a letter written by Don Hall of Rowell & Associates to Mr'. Michael Litvan, HUD Field Representative, requesting consideration be given to the Town of Cortlandville in its plans for recreation and parks development on the Contento Junk yard tract. Upon motion by Councilman, Ray Miller, seconded by Justice, Donald Eaton, all voting aye, the letter was -ordered received and filed, Mr. Blatchley read a copy of another letter from Don Hall to Rowell and Associates, regarding his visit with Mr. Litvin in New York City. The letter stated "Mr. Litvin finds that the project is eligable under the Better Communities Act and suggested that if the Township has -sincere desire of following through with an application, they should do so promptly", by filing the A-95 clearinghouse report. Upon motion by Councilman, Ray Miller, seconded by Justice, Donald Eaton, all voting aye, the letter was ordered received and filed. • 1 .• Mr. Rowell explained that Mr. Hall is employed by his firm and has had much experience in urban renewal. Seeking to find out what funds are available, his Firm is now communicating with the Federal Grant Program on many different areas, one of which is the Better Communities Act, mentioned in the above letter. Mr. Rowell feels, under -this program, if it were accepted, monies would be available for purchase of the Contento property and possi.bAlly monies would also be available for development. "If not; he said, "there would be other monies available for this type of recreational development". Mr, Rowell advised that the program is a 100% aid program, which includes the acquisition of land, architectural fees, engineering fees and legal fees. If the Town considers this program, it must make formal application before May 15, 1975. The application would put the Town in line for consideration for construction in 1975. Mr. Rowell recommended that it would be beneficial to 1 the Town to undertake the program at this time, and feels very 147 Wednesday, March 5, 1975 Pg. strongly that the application would be accepted. Mr. Blatchley read a letter from Don Hall to the Town Board regarding the application for the above program. The letter is attached to, and made a part of these minutes. Upon motion. by Justice, Donald Eaton, seconded by Councilman, Sherman Griswold, all voting aye, the letter was ordered received and filed. RESOLUTIOP r36: RETAIN ROWELL AND _ASSOCIATES FOR THE PURPOSE OF FILING NECESSARY APPLICATIONS FOR FUNDING UNDER THE COMMUNITY DEVELOPMENT ACT OF 1974 ® Upon motion of Justice. , Donald Eaton, seconded by Councilman, Ray Miller, all voting aye, the following Resolution was adopted: RESOLVED, That the Town of Cortlandville by its Town Board, views favorably, participation by -the Town of Cortlandville in the Better Communities program visualised by the Housing and Community Development Act Of 1974; and further RESOLVED, That the following projects, with priority as listed having been fully considered, are approved as the basis .for the presentation of desired parti c i pati o_z by the Town under the said Act: (1) Acquisition of land upon which will be caused to be developed an area of Parks and recreation for Pub' is u.,., � �� ;-' �(2) 44z�` 3) Acquisition of land and buildings for use as a PAft i-g Development of Housing Assistance Program and i b, is fu1. they RESOLVED, That the for services to be to HUD for approval payment to Rowell and rendered in filing of will be $3,500; and Associates final applications it is further RESOLVED, That the Clerk is directed to forward a copy of the foregoing Resolution to Rowell and Associates, they to receive such as notification of their engagement accordingly® RESOLUTION 432: COMMUNITY DEVELOPMENT GRANT Upon motion of Justice, Ronald Fish, seconded by Justice, Donald Eaton, all voting aye, the following resolution was adopted: WHEREAS, The Town of Cortlandville, New York, is entitled to receive funds pursuant -to the provisions of the Housing and Community Development Act of 1974; and ® WHEREAS, in order to receive such Community Development Block Grants, Part 570 - subpart E, Applications and Criteria for Discretionary Grants, the Town must prepare an application that includes (1) a community development plan summary, (2) the first year Community Deveopment Program, (3) a Housing Assistance Plan, (4) the community development plan budget, (5) certifications as to compliance with applicable Federal laws; and WHEREAS, the Town will (1) plan and prepare for the implementation of community development activities; and WHEREAS, Section 570-400 of the Rules and Regulations pertaining ter community development block grants, published in the Federal Register (Volume 40 No® 27, February 7, 1975) authorizes as of that date, the application: incurring costs for the planning and preparation of an application, subject -to the approval of the• SLcre tary under 570.4�00 (e) Advance of Funds. 148 Wednesday, March 5, 1975 Pg.7 Now, THEREFORE, be it resolved that: 1. The Tovm, as of the date of this will recognize local costs incurred and preparation of the application a to be reimbursed from -the funds to b final approval of application. The Town further recognizes that a. the reimbursement for such local dependent upon resolution, for the planning s eligible costs e received as of costs will be (1) the availability of appropriated funds, and (2) the submission of a timely application in accordance with all applicable requirements b. -the total amount of such locally advanced funds may not exceed 10 percent of the Town's entitlement. Assessor, Robert Wells, advised the Board that the County Legislature, by Resolution adopted February 26, 1975, approved an increase in the aged income ceiling to $5000.00 and recommended that the Town Board do the same, to establish uniformity with the County. Justice Fish asked Mr. Wells to supply the Board , at its next meeting, with cost figures on how the increase would affect the Town if the increase were granted. RESOLUTION #38: SETTING DATE FOR PUBLIC HEARING RE INCREASE IN AGED EXEMPTION Upon motion by Justice, Donald Eaton, and seconded by Councilman, Sherman Griswold, all voting aye, the following Resolution was adopted: BE IT RESOLVED, That a public,hearing be held at the Town Hall, 1_5 Terrace Rd., on March 19, 1975 at 7:30 p.m. on the matter of increasing the aged exemption from $4,000 to $5,000, at which time all interested persons will be heard. Mr.. Rowell reported that some time ago, on behalf of the Town, he had written a letter -Co the Mayor of the City of Cortland regarding an inter -municipal sewer system in the Groton Ave. area. He has not, as yet, had a reply, but he talked with James Feuss, County Health Dept., & Yale Hughes, City Highway Supt. who have advised him that plans have been initiated to. install a trunk sewer on Groton Ave. next year. In order for the City to receive the aid program, it will be mandatory that it be used for inter -municipal service. In view of this, he advised that a sewer district will be needed in that area before the trunk sewer is advertised for bid. The Shopping Center is now being served by the city sewer system with the understanding that a transportation or other suitable district be formed within the year after granting of the permit, which is now three or four months old. Mr. Rowell asked that the Board consider how much of the area they wish to include in the Sewer District, and the desireability of a transportation District or a Public Tou-n Sewer District. Justice Fish stated he is a member of the Board of Directors of the Cortland County Development Co. and that they had written to the County Legislature requesting that a County Wide Sewer District be formed. Mr. Rowell advised that he had discussed -this possibility with Mr. Feuss & Mr. Hughes who felt the county sewer district would not be formed in time to meet the aid requirements of the city. "Some of the County facilities would not be undertaken until after expenditures are made in the city, who are now the handling agency for the Federal Funds at present, and anything done by the city should have the county wide sewer facility in mind." 1 • 1 • �4a Wednesday, March 5, 1975 Pg. 8 L E E 1 Mr. Blatchley advised there will be a public meeting at the Town Hall, March 27, 1975 at 7:30 p.m., for the purpose of an. informal discussion regarding "a number of things around the Town and environmental projects." Several knowledgeable people will be on hand to speak. Fire Chief, Riter, advised the Board that there were three fire hydrants that needed immediate attention. 1. at the College security complex by the security offices. 2. at the corner of Tompkins St.Ext. & Starr Rd. 3. at the back of Sherbrook apts. They are down in the ground so far, that hoses cannot be connected to them. Mr. Riter requested -that "no Parking" signs be placed on the corner of the town hall building, immediately in back of the supervisor's office, as it is difficult to maneuver the fire -trucks around this corner if a car is parked in this spot. RESOLUTION #39:.AUTHORIZATION TO PAY AUDITED BILLS Upon Motion by Councilman Griswold, seconded by Justice Eaton, all voting aye, audited bills were unanimously approved for payment as follows: General fund claims #53-87 Water District y'#1 claims ##17-25 Water District #2 claim. #2 Water District #3, claim ##2 Severer District #1, claim #3 Highway Fund claims j22-32 $ 4,778.89 1,228.57 7.80 7.80 6.10 2,619-33 Total $ 8,648.49 Justice Eaton reported that an estimate for repairs to the damaged town fence had been submitted to the Insurance Company and he had been assured by the insurance agent that the claim would be authorized for payment immediately. 'here being no further business, upon motion by Justice Eaton, seconded by Councilman, Miller, all voting aye, the meeting was adjourned at 10:15 p.m.. Respe tfully s 'tted CHRISTINE C ,.EST-ARO TOWN CLERK 41 PETITION FOR THE ANNEXATION TO THE VILLAGE OF HOMER OF CERTAIN TERRITORY ADJOINING SAID VILLAGE, NOW LOCATED WHOLLY IN THE TOWN OF CORTLANDVILLE, COBXLAND COUNTY, NEW YORK, FOR PRESENTATION JOINTLY TO THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE AND THE BOARD OF TRUSTEES OF THE VILLAGE OF HOMER TO: TUE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, AND THE BOARD OF TRUSTEES OF THE VILLAGE OF HOMER. Pursuant to Article 17 of the General Municipal Law of the State of New York, as amended, the petitioners herein, FRANCIS L. GORMAN, JR., residing at 3 Humer Lane, Homer, New York, RDBERT T. KELLY, residing at 206 Cooper Lane, DeWitt, New York and BERNARD J. DILL, residing at 5787 Bull hill Road, Lafayette, New York, petition the joint assembly of the Town Board of the Town of Cortlandville and the Board of Trustees of the Village of Homer, for annex- ation to the Village of Homer of all that territory now located in the Town of Cortlandville and hereinafter set forth and more fully described in paragraph 3 of this petition, which land is not in a city or village and which land adjoins said Village; and said petitioners depose and state as follows: 1. That the Village of Homer, County of Cortland and State of New York was duly incorporated by Chapter 290 of the Laws of 1635 and that the boundarW thereof were enlarged and re -defined by Chapter 386 of the Laws of 1886; that said Village boundaries have not been changed or altered by act of the Legislature since the enactment of Chapter 386 of the laws of 1889; that said Village of Homer was duly re -incorporated pursuant to Article 13 of the Village! Law and a certificate to that effect was filed in the office of the Secretary of State of the State of Now York on the 22nd day of April, 1902; that by virtuG4 I I I �of said re -incorporation said Village of Homer thereupon became and still I ;is subject to all the provisions of the Village Law of the State of New York i 'ain provisions of the General �as though incorporated thereunder and to cert Municipal Law of the State of Nez,,r York as the same may apply to Vill-ages; and Ithat no alteration of boundaries was made at the time of ~said re -incorporation land that the boundaries as set forth in said Chapter 386 of the Laws of 1889 lare as follows: "All of lot number forty-five in the Town of Homer and County of Cortland, excepting and excluding therefrom on the eastern portion of said lot a strip of land in the form of a parallelogram, sixteen chains and fourteen links wide and one mile long, extending across the entire width of said lot. Said village shall also contain all. that tract of land described ms al., ihe intersecLion of tw,, to","a C'4" Homer with the west bank of the Tioughnioga River, thence southerly along said bank to the south line of Lorenzo L. Rood's farm; thence west along said Rood's south line fifteen chains and eleven links, thence north on the line of lots fifty-four and fifty-five of the Town of Cortlandville forty-one chains and sixty-seven links to the said south Une of the Town of Homer, thence west an said Town line twenty-three chains, thence north ton degrees, east one hundred and twenty-two chains and seventy-seven links to the south line of Frank Copeland's farm, thence east along the south line of said Copeland's farm forty-six chains to the west bank of the said Tioughnioga River, thence southerly along said bank to the intersection of the line so drawn with the north line of lot number forty-five of the said Town of Homer, thence east ten chains and eight lin1w, thence south eighty chains, thence west twenty-eight chains and eighty- six links to the place of beginning." 2. That in addition to the lands incorporated pursuant to legislative enactment, the following lands have been annexed pursuant to former Section 348 of the Village Law of the State of New York, to wit: Certain lands of Grant 11. Rice and Marguerite Rice (Burgett Tract) duly annexed on March 1, 1960, and pursuant to Article 17 of the General Municipal Law of the State of New York, to wit: Certain lands of Raymond If. Young et al (Brookside Tract), duly annexed on or about May 1, 1965; certain lands of Frank Suits (Donegal Court), duly annexed on January 3, 1967; and the addition to the Bedford Tract, duly annexed on April 2, 1968. 1 C� 3. That said petitioners hereby petition to have annexed to said Village of lEomer the following lands adjoining said Village and located in the '.Gown of Cortlandville, County of Cortland and State of New York: ALL THAT TRACT OR 'PARCEL OF LAND situate in Lots 54 & 55 of the Town of: Cortlandville, County of: Cortland and state of New York, being wounded and described as follows: Beginning at a. point where the West rig ht-of--wa.y line of the Delaware, La.c)cawannax and Western Railroad is ;inter. seceed by the North line of J..,ots of the L. J'. Fitzgerald Subdivision as shown on a map entitled "Ma.p of T,. J. T'%t:R.,g;�*x-a�.:Lei' Vi:f,,l.,xfi,ka Taots ri.t:ueato� r�tx Gran f,o t:s Nos. 54 & 55, Toian of Cor. t::lr..andvil.le" , �Ia t:ed October 10, 1900 and recorded in the Cortland. County Clerk's office on November 10, 1.900 (See Book 3 of Maps at page l.l).; thence running S 8117"_ 26' -a34" W along; the North line of said Fitzgerald Subdivision, a distance of 255.69 feet to a point being, the Nortuvrest corner of lands now or formerly owned by Lord (R.O.) ; thence running, S 000-114'-3.5" E along the p:rf,:;, 11.n..^ x: f (} a. 1. 5:t e V of Marylaiad Avenue as silowal on said Fitzgerald Sub- division iciap; thence runnang S 87"-33►-4.4" W along the North Street I ine of said Maryland Avenue as shown oil said Fitzgerald Subdivision Map a distance of 488:25 feet to a paint; thence running N 03'-03'- 19" W a distance of: :337.7.5 feet to a point on . t'he South line of the Sell - Aire Subdivision as shown on a map entitled "Bell - Aire -- J. Roger Bell. & Carolyn F . Bell Oumer s , made by l). B. Colersian, l,. S. #17446, dated August, 1955 and recordi�d in the Cortland County C1erj�.'s Office on September. 1.2, 1955 (See Drawer 1, map 1,a530) ; thence running, N 86"-- 56'-41" Ea along said South line and also the South line of lands of Tarbe.11 (R.0.) a distance of 411.54 feet to a point being the Southeast corner of said T.arbel.l (R.O.) ; thence running N 00'-07'-1.3" Es along t 1ae Ea,rt: :I.i,are of said Tarbell (R.O.) a distance of 319.50 feet to a point being said Tar' gill's Northeast corner; thence running S 860m23'-00" W along the North line of said Tar.bell, a distance of 105.5 feet to a point; thence running S 48'-39'-00" W a distance of: 280.75 feet to a point; thence running along d curve to the Left for a chord distance of 50.0 feet and a chord bearing of N 41 *--56'-00f° W to za point; thence running N 48"--39'--0011 E a distance of 216.65 .feet: to a point; thence running S 86"-23'--00" W a distance of 8.30 feet to a point being the Southeast corner of lands oa,,med by the Cortland Country Club (R.0.); thence running N 03*--46'--00" W along said Cortland Country Club p'areniises a distance of 178.0 feet to a. poInt ; thence running N 86"-24' -00" E along said Cortland Country Club premises and along the South corporation line of the Village of lioaner a dis- tance of 578 .feet, more or less, to a point:. on the West line of the above mentioned D. , L. &bpi. Railroad; thence* running along said right--of--away on a curve to the left having a chord bearing of S 0l"-24'-40" W and a chord distance of 747..26 feet, a distance of 742.27 feet on the arc to the place of beginning and contain-- ifig 11.20 Acres of land, more or less. E 1 4. That the petitioners herein are the owners of all of the assessed valuation of the property in said t:err:it:ory assessed upon the .last preceding ToNni Assessment Roll of the Town of Cortlandville. 5. That the number of inhabitants of said territory which the petitioners propose to have annexed to the Village of Homer is: kJone'. G. That attached hex.eLo marked Sxhibit "A" and made, a part of thl-s petition is a map of said territory adjoining, and souP;tat to be anne-xed to, said Village. 7. That said proposed annexation :is in the over-all paal77_:i.c int-erect o-f. the Torn of: Cortland'ville and the Village of Homer and of the t erritory proposed to be arinexed. That there are no fire districts, fi.B:e protection i cli.f,tri.cts, fixes alarm districts, town or county improvr.-!111(2nt. (i.istri.r.t:. M-1 t be uef it: d x i 4. a:.x.c � proposed to be annexed except a school district which is already incorporated into the Homer School District,. and. exc ept Fire, Prot eioti or) District,*- of the Town of COrtlandviile, No served by the V9.11f�t;� of orcl4=r, IN WITNESS WHEREOF, we, the petitioners, FRANCIS L. GOftNMN, JR- , ROBEMT T. !0 LLY and 13ERNATU) J. DILL, have hereunto seat our bands and seals tli.i.s 1.4th (illy of Fe bruary, i.975. STATE OF NEW YORK ) ss COUNTY OF. CORTLA.ND) .e f'W�NCIS L. GOPMAIi `JR. f BERNARID J . (T)ILL On this lath day of February, 1975, before me., t.tzer subscriber, pe.rsona,11y appeared VRANCIS L. GORMAN, JR., to me known and known to isle to be the person described in and aJho executed the foregoing instrument aaaet lie duly acknowlec1ged to - e the execution thereof. !!' F tl%i•p�"tr l.'i7�ii� i1 .�. � v �'t'�R�¢t'u�6' 1 1 STATE OF NEW YORK ) ss : COUNTY OF CORTLAND) On this'l4th day'of February, 1975, before me, the subscriber, personally j appeared ROBERT T. KELLY, to me known and known to me to be the person i described in and who executed the foregoing instrument and he duly acknowledged i to me the execution thereof. N�tary Public STATE OF NEW YORK ) ss : j COUNTY OF CORTLAND) On this,14th day,of February, 1975, before me, the subscriber., per.s0,nnl1.y appeareck L'J,I:NARD J. DILL, t:o rue iuioii r, and known Lo we :o be t_o described in and who executed the foregoing instrument and he duly acknowledged to me the execution thereof. Notary Public F I STATE OF NE'd YORK SSi COUNITY OF CORTLAND I, ROBERT WELISt ,1 duly app 1,olnted, Assessor for the Town of Cortlandville, Cort lalul Coln)-tYi, Nqiew York, do hereby cort-11YA 1. 1 we,ms r(,esponri-,lble for preparing the last procedlug a'ssef;,greet roll. for the Town of Gar rs; in oo? 0 ndville for the tax year 3.975, a Gertif le Y f which waz4 :Uled with tbo Town Clork of t1he Town of Cortlandvilln 011 ;,,he lo day of August 2. The -total assessed valmation of all real proporty In 'the Town of Cortlandville according to the aforesaid assessment roll Is 3. The Val�.Ili7,,,A-ion on sag d roll pro per.y .3'.l.tvated certaiin ar(`a ia aald Town of i's proposed to be annexed to the Village of Ifomer as described in the attiaahedl Petition for Annexation by Francis L. Gorman Jr., Robert T. Kelly 'and 'Bernard J. D.11.11, pets boners, verified the l4th day of February, 1975 to the To4n Board of the Town of Cortlandville and to the Board of Trustees of the Village of Homer is $ '? 665,28 4. Real property Is assessed on the aforesaid last precedipg assessment roll in the names of said patitio4ers and within the area sought to be annexedo as followsl NAME FRANCIS L. GORMAN JR. , HOBEWP T, KELLY and BERNARD J, DILL,, jointly ASSFZSED VALUATION 6�628��� 5. Real property assessed to the aforesaid petitioners within the area sought to be annexed, comprises 1.00% of the total assessed valuation of real property within said area and the aforesaid petitioners are the owners, of a majority In assessed valuation of the real property In such territory assess. ed upon the last preceding assessment roll for the Town of Cortlandville. a-ited i February 1975. Town Assessor STATE OF NEW YORK SS: COUNTY OF CORTLAND CARL E- MOSES , being duly sworn, says he re5idea at CortlandvillE , Now York, and for upwards of 4 years has been and is now a real estate agent engaged in business as such at Cortland , New York and that he knows the value of real estate in the Town of Cortlandville, Cortland County; that he has read the foregoing petition; that he resides in the town in which the territory as described in paragraph °°3 of the foregoing petition and therein sought to be annexed to tl- Village of Homer is located; that the petitioners are the ownera of a majority in asso; lied valuation of I-,l)e thoro,.g-;) adjoining the Village of Homer sought to be annexed to said village. Subscribed and sworn to before me this 28th day of February, 1975. Notary Public 1�1r�1o��, I'ulell�•, .I,,I' 'I Iow Y��rh d C„unly -� h1y Cvmmissi :nr L>plrc: Mulch 30, 191GGt �J 0 1 STATE OF NEW YORK � COUNTY OF CORTLAND) being duly sworn, Ca be reuldes N�,,W, York, and for upward.z of - been and is now a real estate agent and appraiser, ongagod in bur;ines,8 as su.',h a t N�.)w York and that he know* then valtio of real estate in the. Town of Cortlandville, Cortland County; that he read the foregoing, petition; that lie resides in -the town In wh Ich the territory ac,'; described in 1paragraph "3" of the foregoing petition and therein uought to bn annQxed to the vllla-'ge of Homer 1g, located; that the pet'ltioner,,; are thi',i Owner; territory ad, Joining the V11hage of he sought to be annexed to t5ald Y11L.Ar�,e. Subneribed and sworn to beforo me 23th day ®f February, 1975. Notary Public r 4-!A. tqu, 12.541 0, bo Ill", 1%,'k Lxpirv'_ ' Murch 1 L] STATE OF NEW YORK SS: COUNTY OF CORTILAND ROBERT KCLLY , being duly sworn, says he resides at Town of Cortlandville . New York, and for upwards of 10 years has been and is now a real estate agent and appraiser, engaged in bias as such at Cortland , New York and that he knows the value of real estate in the Town of Cortlandville, Cortland County; that he has read -the foregoing petition; that he resides in the town in which the territory as described in paragraph "3" of the foregoing petition and therein sought to be annexedto the Village of Homer is located; that the petitioners are the owners of a ma•7nz'lty in asse_:sncl '.r;,1:,.-..fl,:'��,r. o:r 'tho realr. territory adjoining the Village of Homer sought to be annexed to said village. Subscribed and sworn to before me this 28th day of February, 1975. Notary Public Reg. No. 12-5478050 I�nlgry Pul,!i., „IJ1 ' ''I{ f low York t,nnointedCown-Id County My Commission Expires March 30, 19 r RECEIVED NM 5 10 ROWELL AND ASSOCIATES Surveyors e- Planners — Engineers March 41 1975 Mr. Robert Blatchley, Supervisor and Town Board Town Hall 15 Terrace Road Cortland, New York 13045 Gentlemen: WILLIAM H. ROWELL P. E. & L. S. Community Development & Planning P. O. Box 417, Ilion, N. Y. 12357 (315) .895.7726 Based on our recent conversations concerning the filing for Federal Funds under the Housing and Community Development Act of 1974, the firm of Rowell and Associates will undertake the necessary workload to complete such an application for a total fee of $3,500. Preparation of the application_ will include: 1. Filing of the 16 page application_ 2. Filing of an A-95 Clearinghouse Report 3. Filing of an Environmental Impact Statement 4, Submission of 10 copies of application_, 6 for HUD and 4 for your office 5. Delivery of said application to N.Y.C. HUD office 6. Follow-up through approval or rejection of application As your office is aware, there is no guarantee that your application will be approved in the first year or otherwise. If it is approved your investment of $3,500 will be returned to you from the funds allocated. 'We suggest that your Community immediately take the following action: a. Appoint a Citizen's Participation Committee - 10 to 15 members b® Pass a Resolution to incur costs of Planning and Devel- oping Program c. Select your priorities - streets, sewers, housings etc. * d® Send letter to Secretary of HUD indicating application will be filed and ask for.approval to incur costs prior to final application e. Hold two official Pu'blic.Hearings to.air priorities and proposed program activities® * The letter to the Secretary of H'JD will be handled by Rowell and Associates® JON D. HAIGHT RICHARD H. CHAMBERLAIN DONALD HALL Manager — SURVEYING & MAPPING Director — FIRE PROTECTION ENGINEERING Director — COMMUNITY DEVELOPMENT CORTLAND, NEW YORK — RAILWAY ENGINEERING ILION, NEW YORK fir; ZJ ROWELL AND ASSOCIATES WILLIAM H. ROWELL P. E. & L. S. Surveyors — Planners — Engineers. Community Development & Planning March 4, 1975 P. O. Box 417, Ilion, N. Y. 13357 Page 2 (315) •895.7726 if your Board is interested in pursuing this avenue of fund- ing, then I recommend strongly that you take the above steps as expeditiously as possible. The final date for applications is May 15, .1975. All future costs of engineering, surveying, design and arch- itectural work are eligible expenses under the proposed program and would be undertaken by this.firm only with your prior approval. In your final application, prior costs for filing the application and engineering expenses will be included. Funds The Community of Cortlandville qualifies only for Discretionary as set forth under the guidelines of the Act. If tate to DH/ j a any further information is required.. please do not hesi- contact this office. Sin erely, I on Hall Director if this agreement is satisfactory to you regarding the employ- ment of our services, please signify by passing a Resolution accept- ing our proposal, by signing a copy of this proposal and returning to us a copy of the proposal together with a certified Copy of the Resolution. APPROVED BY THE TOWN OF CORTLANDVILLE Robert Blatchley.. Supervisor Date JON D. HAIGHT RICHARD H. CHAMBERLAIN DONALD FALL "danager — SURVEYING & MAPPING Director — FiRE PROTECTION ENGINEERING Director — COMMUNITY DEVEL OPhIE1VT CORTLAND, NEW YORK — R,MLWAY FNGWERTIING ILION, NEW YORK