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Home My WebLink About10-15-1975r VILLAGE OF MC GRAW HEARING PUBLIC HEARING OCTOBER 15, 1975 Mary D. Bush, Stenographer LEGAL NOTICE READ BY CHRISTINE CANEaTAR0 LEGAL NOTICE --TOWN OF CORTLANDVILLE--NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board of the Town of Cortland- ville, Cortland County, New York, pursuant to the provisions of Section 184 of the Town Law, at the Town Hall, 15 Terrace Road, Town of Cort- landville, on the 15th day of October, 975, at 8:30 o'clock p. m., for the purpose of considering the matter ofgcontracting with the Village of McGraw, New York, for fire protection to be furnished by said Village to the fire protection district established in said Town and known as "Fire Protection District of the Town of Cortlandville No. ", em- bracing certain territory in the easterly portion of said Town, upon the following terms, to wit: (a) for a period of two (2) years commenc- ing on the first day of January, 1976, and ending on the last day of December, 1977, and (b) for the sum of Eight Thousand Five Hundred Dollars ($8500.00)per year. The Fire Department of said Village of McGraw, when called upon by the residents of said Fire Protection District, shall furnish from the apparatus and equipment it may have) such apparatus and equipment as sha] be necessary for the extinguishment or control of fires within the said Fire Protection Di!trict in the easterly portion of said Town together with two or more persons experienced in the operation.of such apparatus and equipment, due regard being had for the protection of the remaining territory, served by the Fire Department of said Village of McGraw. All parties in interest and citizens will be heard at the Public Hearing to be held as aforesaid. DATED: October 3rd, 1975. CHRISTINE CANESTARO, Clerk Town of Cortlandville 15 Terrace; Road Cortland, New York, 1304.5 W MR. BLATCHLEY: I believe these contracts were delivered to John Gaidner this afternoon. John, once again would you want to renew any significant changes? MR. GARDNER: Well I am sorry I can't quite locate here. I am not quite sure how long the term is with the McGraw contract. MR. BLATCHLEY: Two years. MR. GARDNER: All right. Well then it is the same then except this is $8,500.00. MR. BLATCHLEY: Instead of $5,500.00. MR. GARDNER: Instead of $5,500.00. An increase of $3,000.00 in two more years. MR. FISH: Increase $3,000.00 a year. MR. GARDNER: True, $3,000.00 you are right. Payable on during the month of January. MR. MILLER: And you have got the description. MR. GARDNER: Oh and they changed the line on the description, they moved that right over. And then they didn't do it the way I wanted them to. I'll get that straight. I had to take the description up to John Ryan's office this morning so that they could put it in the con- tract and they changed it. Now they are not using, well I am not going to say anything. They are not using the map right. They had it go along a contour line instead of the railroad.'v,So itrsisn't anything very much. I'll get that all done before it is signed. MR. BLATCHLEY: Are there any questions on this contract? MR. GARDNER: If it is signed. 2 MR. BIATCHLEY: Any questions at all? Any comments? Okay I would like at this time to declare the hearing closed. HEARING CLOSED 8:42 p, m. Wednesday, October 15, 1975 7:30 P. M. Pg. 1 Town Board members present: Supervisor, Robert P. Blatchley, Justices, Donald Eaton & Ronald Fish; Councilmen, Sherman Griswold & Ray Miller. Others present: Town Clerk, Christine Canestaro; Town Attorney, John Gardner, Town Engineer, William Rowell; Deputy Town Clerk, Theresa Fortin; Town Assessor, Robert Wells; Zoning Enforcement Officer, Don Fowler; Highway Superintendent, Carl Eaton; Legislators,Delmar Palm, Shirley Fish & Henry Wadsworth; Skip Chapman. 7:30 P.M. Public Hearing re: Sammons Communication Franchise ammendment. Hearing closed at 8:25 P.M. 8:25 P.M. Public Hearing re: Fire Protection Contract with Village of Homer. Hearing closed at 8:40 P.M. 8:4.0 P.M. Public Hearing re: Fire Protection Contract with Village of MCGEaw. Hearing closed at 8:42 P.M. Copies of these',hearings will be on file in the Town Clerks Office. The second regular meeting of the month of the Town Board was held at the Town Hall, 15 Ter -'race Rd. with Supervisor, Robert P. Blatchley presiding. Supervisor Blatchley called the meeting to order at 8:42 P.M.. The Town Clerk read the minutes of the last meeting. There was one correction noted. A motion was made by Justice Eaton, seconded by Councilman Griswold that the minutes of October 1,11975 (pg. 234) be amended by striking out "Sterns & Wheler" in the first sentence and substituting the name of"Rowell & Associates". All voted aye. Motiol Carried. Upon motion of Councilman Miller, seconded by Justice Eaton all voting aye, the minutes were��approved as corrected. Assessor, Robert�Wells requested permission for the Town Attorney and himself to go to New York City for a consultation with Cortlandville Associates on 10�21/75 regarding the certiorari proceeding they have against the town. RESOLUTION #146: AUTHORIZATION FOR ASSESSOR WELLS & ATTORNEY GARDNER TO CONSULT WITH CORTLANDVILLE ASSOCIATES AT NEW YORK CITY. Upon motion of Justice Eaton, seconded by Councilman Miller, all voting aye and adopted. ,' BE IT RESOLVED, That Assessor, R. Wells and Attorney J. Gardner be, and they hereby are, authorized to consult with Cortlandville Center Associates and their attorney at New York City on 10/21/75 regarding Cortlandville Center Associates certiorari proceeding against the Town of Cortlandville, and be it further RESOLVED, That all necessary expenses incurred relative to same be reimbursed, subject to audit by the Town Board. Assessor Wells also requested permission to attend an appraisal conference at Syracuse, N.Y. on 10/31/75, ® RESOLUTION #147: AUTHORIZATION FOR ASSESSOR WELLS TO ATTEND THE UPSTATE 23rd ANNUAL SEMINAR APPRAISAL CONFERENCE Upon motion of Councilman Griswold, seconded by Justice Fish, all voting aye and adopted. BE IT RESOLVED, That Assessor R. Wells be and he hereby is authorized to attend the 23rd. annual Upstate Seminar Appraisal Conference being held 10/31/75 at the Hotel Syracuse, Syracuse, New York,and be it further RESOLVED, That all necessary expenses incurred relative to same be reimbursed, subject to audit by the Town Board. Justice Eaton reported that during the month of September he had completed 515 cases, turned over $8,388.70 in fines and forfeitures to the Dept. of Audit & Control and retained $2,025 in pending cases. `3 6 WEDNESDAY, OCTOBER 15, 1975 Pg• 2 RESOLUTION #148: AUTHORIZATION TO PURCHASE AIR COMPRESSOR Upon motion of Councilman Griswold, seconded by Justice Eaton, all voting aye and adopted. BE IT RESOLVED, That the Highway Supt., Carl Eaton, be and he hereby is, authorized to purchase an air compressor for the Municipal Building on West Rd. with'purchase price not to exceed $200. Supervisor Blatchley asked Highway Supt.,Carl Eaton what had been done regarding the railroad bed washout in McGraw. He said nothing had been done about it yet, but would try to resolve it with Mr. Joe Jacobi of the Village of McGraw Highway Dept. Justice Fish reported on his investigation of a need for a street • light on Lime Hollow & McLean Rds. intersection. He recommended that one lite be installed on the pole at Gracie Rd. & Lime Hollow Rd. intersection and a pole and light be installed at the Lime Hollow Rd. & McLean Rd. intersection at an approximate annual cost of $130.50 per year for both lights and one pole. RESOLUTION #149: AUTHORIZATION TO INSTALL STREET LIGHTS AT THE INTERSECTIONS OF LIME HOLLOW RD. & McLEAN RD. AND LIME HOLLOW & GRACIE RDS. Upon motion of Councilman Griswold, seconded by Justice Eaton, all voting aye and adopted. BE IT RESOLVED, That one 175 Watt Mercury Street Light be installed on the existing pole at the intersection of Lime Hollow Rd. & Gracie Rd. and a pole and Ine 175 Watt Mercury Street Light be installed at the intersection of Lime Hollow Rd. and McLean Rd. John Matson of McLean Rd. presented to the Board a "Statement of Impact & Proposals to Solve Problems of Regular Heavy Truck Use on McLeand Rd., Cortlandville Township, Cortland County, N.Y." A copy of this statement is attached to and made a part of these minutes. Highway Supt., Carl Eaton was instructed by Supervisor Blatchley to follow up on the above report with John Gardner and Walter Tennant to see what could legally,be done regarding the matter. John Riter advised that if any Federal funds have been used on that highway, any truck with an I.C.C. license could use the road. James Darling reported that at the last meeting of the Volunteer Firemen they decided they would like to build a baseball field in the back of the municipal building on West Rd. He said they would build and maintain the field and wished the town boards permission to do so. Also they wanted permission to bring in fill obtained from the State reconstruction project on rte. 281. Justice Eaton suggested that they go over their plans and location of the ball field with the highway superintendent so that it would not conflict with plans the highway department has for the land. The firemen agreed to this. RESOLUTION #150: AUTHORIZATION TO BUILD A BALL FIELD IN BACK OF THE MUNICIPAL BUILDING ON WEST RD. r Upon motion of Councilman Miller, seconded by Justice Fish, all voting aye and adopted. WHEREAS, The volunteer firemen -of the Frank K. Taylor Hose Co. #4, have volunteered to build and maintain a ball field behind the municipal building on West Rd., now therefore be it RESOLVED, That permission be,and it hereby is, granted them to build and maintain a ball field and to bring in fill if necessary and to grade it to their own specifications. Supervisor Blatchley appointed an Ad Hoc Committee to study the long range recreation needs of the town and asked them to report back to the Town Board,as soon as possible,their findings and recommendations. Appointed to the committer were: Justice, Donald Eaton as Co-ordinator; Legislator, Delmar Palm and Carlton Tarbell, Director of Physical Education at Homer High School. Wednesday, October 15, 1975 Pg. 3 Mr. Bruce Moss again requested heaters for the firemen's meeting room. He also wished to know when they could expect the stop signals they requested from the state. Justice Eaton stated the town had been advised that something would be heard regarding this within two months. It has been approximately five weeks since the request was made. Supervisor Blatchley said the heat situation would be taken care of. Supervisor Blatchley requested that the tentative budget, as revised, be adopted as the preliminary budget for 1976. The revisions that had been made, he said, were that $12.50 per meeting for the Town Planning Board had been increased from $10.00 and an increase of $200 was added to the annual salary of an employee of the town. RESOLUTION #151: APPROVAL OF PRELIMINARY BUDGETS FOR 1976 Upon motion of Justice Eaton, seconded by Justice Fish, all voting aye and adopted. BE IT RESOLVED, That the tentative budget for the Town of Cortlandville, as revised by the Town Board be, and it hereby is approved as the preliminary budget for the fiscal year 1976; and be it further RESOLVED that the tentative budget for Water District #1, as revised, by the Town Board be, and it hereby is,approved as the preliminary budget for the fiscal year 1976; and be it further RESOLVED, That the tentative budget for Water District #2, as presented, be, and it hereby is, approved as the preliminary budget for the fiscal year 1976; and be it further RESOLVED, That the tentative hudget for Water District #3, as revised, by the Town Board be, and it hereby is, approved as the preliminary budget for the fiscal year 1976; and be it further RESOLVED, That the tentative budget for Sewer District #1, as revised, by the Town Board be, and it hereby is, approved as the preliminary budget for the fiscal year 1976; and be it further RESOLVED, That 20 copies of the budget be prepared for distribution at the public hearing. RESOLUTION #152: APPROVAL OF FIRE PROTECTION CONTRACT WITH THE VILLAGE OF HOMER Upon motion of Justice Fish, seconded by Councilman Miller, all voting aye and adopted. WHEREAS, The fire protection contract with the Village of Homer for the contract period of January 1, 1976 through December 31, 1980 was read and reviewed by the Town Board; and WHEREAS, a duly advertised public hearing was held by the Town Board of the Town of Cortlandville,pursuant to Sec. 184 of the Town Law,on October 15, 1975; and WHEREAS, no person appeared in opposition of the approval of said contract; now therefore BE IT RESOLVED, That said contract be, and it hereby is, approved by the Town Board of Cortlandville. RESOLUTION #153: APPROVAL OF FIRE PROTECTION CONTRACT WITH THE VILLAGE OF McGRAW Upon motion of Councilman Miller, seconded by Justice Fish, all voting aye and adopted. WHEREAS, the fire protection contract with the Village of McGraw for the contract period of January 1, 1976 through December 31, 1977 was read and reviewed by the Town Board; and WHEREAS, a duly advertised public hearing was held by the Town Board of the Town of Cortlandville, pursuant to sec. 184• of the Town Law, on October 15, 1975; and WHEREAS, no person appeared.in opposition of the approval of said contract; now therefore 23S Wednesday, October 15, 1975 Pg . 4- BE IT RESOLVED, That said contract be, and it hereby is, approved by the Town Board of Cortlandville. RESOLUTION #154:APPROVAL OF LEASE AGREEMENT WITH VILLAGE OF HOMER Upon motion of Justice Fish, seconded by Justice Eaton, all voting aye and adopted. WHEREAS, The Town of Cortlandville has agreed to rent to the Village of Homer a portion of the premises on the first floor in the municipal building, owned by the town, and located at 111 West Rd. in the Town of Cortlandville; now therefore BE IT RESOLVED, That the lease agreement as drawn up by the Town Attorney be.and-it hereby`is,.approved by the Town Board of the Town of Cortlandville; and be it further RESOLVED, That the Supervisor be, and he hereby is, authorized and directed to sign said lease agreement on behalf of the Town. Engineer, William Rowell reported that he is still working on the funding aspect for the sewers on rte 11 and Groton Ave. Regarding his investigation of the rte. 11 sewer, he has talked with the Village of Homer Engineer and there are still a number of questions to be resolved, hopefully, within the near future. Mr. Rowell reported that it had been brought to his attention that there were some sewers being constructed within the town without proper permit, without proper supervision and also that they were not being properly installed. He said he had discussed the matter with Water & Sewer Supt., Fred Walker and felt that some action would be taken. He advised that the town should verbally make the builder aware that the sewers were not properly installed and then follow up by letter. There being no further business, seconded by Councilman Griswold, all at 9 : 4.7 P.m.. Wednesday, October 22, 1975 upon motion of Justice Fish, voting aye, the meeting was adjourned Respectfully submitted /,� '/Ui2c% CHRISTINE CANESTARO, TOWN CLERK SPECIAL MEETING 7:30 p.m. A special meeting of the Town Board was held at the Town Hall, 15 Terrace Rd. for the purpose of holding a public hearing on the preliminary budgets for the fiscal year 1976. 1 C, 1 Town Board members present were: Supervisor,Robert P. Blatchley; Justices Donald Eaton and Ronald Fish; Councilmen, Sherman Griswold and Ray Miller. Others present were: Christine Canestaro, Town Clerk; Theresa Fortin, Dep. Town Clerk; Mary D. Bush,.Stenographer; Town Assessor, Robert Wells; Water & Sewer Supt., Fred Walker; Bookkeeper, Renee Bilodeau; Zoning Enforcement Officer, Don Fowler; Legislators, Delmar Palm, Shirley Fish, X Henry Wadsworth and • several residents of the Town. Also Skip Chapman. Supervisor Blatchley called the meeting to order and the pledge of allegience was given by all in attendance. The Town Clerk read the legal notice. Supervisor Blatchley read the budgets as revised. Stenographer, Mary Bush took the transcript of this hearing. A copy of the transcript will be on file in the town Clerk's office. There being no further business, the meeting was adjourned at 8:30 p.m.. Respectfully sub -tted, CHRISTINE CANESTARO, TOWN CLERK STATEMENT OF IMPACT AND PROPOSALS TO SOLVE PROBLEMS OF REGULAR HEAVY TRUCK USE ON Mc LEAN ROAD, CORTLANDVILLE TOWNSHIP, CORTLAND COUNTY, NEW YORK. 1 i 0 PROPOSALS TO CORTLANDVILLE TOWNSHIP BOARD FOR TRUCK -USE OF McLEAN ROAD The following policy alternatives are suggested by McLean Road residents as solutions and partial solutions to the problems caused by heavy truck traffic on that road. The policies are listed in descending order of power to solve problems for the impacted population and ascending order of maintaining the problem which now exists. All would appear to be within the "powers" of the town board under present law. MOST EFFECTIVE 1. Declaration of a comprehensive truck route system LEAST EASY to solve problems of trucks and McLean Road residents at the same time. The truck route will channel thru traffic trucking on the route or routes most capable of handling this traffic and away from dependence upon McLean Road. 2. Declaration of McLean Road as road with a permanent year -around weight limit to exclude heavy trucking at all times except for local deliveries. 3. Declaration of McLean Road as a road with a permanent seasonal weight limit to exclude heavy trucking at all times except for local deliveries. The winter and spring seasons would be period of limitations because of potential damage to roads resulting from use under these conditions. 4. Declaration of McLean Road as a road with only a temporary weight limit to exclude heavy trucking at _all times except for local deliveries. This posting will exist only when it is judged that potential damage to roads will take place, and would not post for whole seasons. 5• Setting of more restrictive traffic regulations (speed, passing, and signing for hazards) with request for more effective enforcement of these regulations. 6. Requesting more rigorous enforcement of existing, but inadequate, regulations by local county or state law enforcement agencies. LEAST EFFECTIVE 7. No action of any kind. MOST EASY 'Statutes as they relate to local control of truck traffic - Article 41 of the Vehicle and Traffic Law (State of New York) Article 41 (p. 329 of Law) Regulation of Traffic by Towns Section 1660 Traffic regulations in all towns 1660 a. Traffic regulations at shopping centers 1661 (Repealed) 1662 Additional traffic regulations in towns in the County of Suffolk 1662 a. Speed limits in certain towns 1663 Special speed limits on bridges and other elevated structures 1664 Application of article R 1660. Traffic regulations in all towns. (a) The town board of any town with respect to highways outside of villages in any.such town, but not including state 4 highways maintained by the state except with respect to subdivisions six, eight, nine and ten subject to the limitations imposed by section sixteen hundred eighty-four may be ordinance, order, rule or regulation: 1. Designate county roads and town highways as through highways and order stop signs, flashing signals or yield signs erected on county roads or town highways at specified entrances. to such through highways or designate any intersection except those where one or more entering highways is a state highway maintained space by the state as a stop intersection or a yield inter- section and order like signs or signals at one or more entrances to such intersection. . 10. Establish a system of truck routes upon which all trucks, tractors, and tractor - trailer combinations having a total gross eight in excess of ten thousand pounds are permitted to travel and operate and excluding such vehicles and combinations from all highways except those which constitute such truck route system. Such exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehicles and combinations are otherwise excluded. Any such system of truck routes shall provide suitable connection with all state routes entering or leaving such town. . H. Temporarily exclude from any portion of any town highway any vehicle with a gross weight of over four or more tons or any,vehicle with a gross weight in excess of any designated weight on any wheel, axle, any number of axles, or per inch width of tire when in its opinion such highway would be materially injured by the operation of any such vehicle thereon. Such exclusion shall take effect upon the erection of signs on the section of highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in a newspaper in the county where the highway is situated. The exclusion shall remain in effect until the removal of the signs as directed by the town board. Upon written application by an operator of a vehicle subject to this section, the town board may issue a permit providing appro- priate exemption to such vehicle, if it is deemed that said vehicle is per- forming essential local pickup or delivery service and that a failure to grant such permit would create hardship. Every such permit may designate the route to be traversed and contain other reasonable restrictions or conditions deemed necessary. Every such permit shall be carried on the vehicle to which it refers and shall be open to inspection of any peace officer. Such permits shall be for the duration of the restriction imposed under this section. . . 17. Exclude trucks, commercial vehicles, tractors, tractor -trailer combinations and trucks in excess of any designated weight from designated highways.. . M A TENTATIVE ENVIROiNMENTAL IMPACT PROPOSAL FOR REGULAR HEAVY TRUCK USE OF Mc LEAN ROAD: POSITIVE EFFECTS OF THIS USE OF McLEAN ROAD (Spread so as to benefit a large area of Eastern and Central Upstate New York) 1. cuts trip time and operating costs for a range of heavy truck users (but especially for salt haulers east from South Lansing [Cayuga Rock Salt]) when McLean Road is utilized instead of alternative state routes (13-38 and 222). This route is probably the shortest, most level, and most convenient of the alternative routes connecting Cortland,181) in the east and South Lansing in the west. 2. savings to municipalities, townships, counties, and the State because road salt is used at lower costs as a snow treatment during the winter season Higher transport costs would increase the expense of salting roads to the same intensity. 3. savings due to lower accident rates because road salt can be used at an intensity not possible at higher costs (combined cost of the salt and.. its transportation to locations of use). 4. free road salting along McLean Road because of loses of loads being ha u 1 ed NEGATIVE EFFECTS OF THIS USE OF Mc LEAN ROAD (Spread so as to cost a large area of Eastern, and. Central Upstate New York) 1. damage done to roads, right-of-ways, and vehicles due to heavier road salting allowed by lower costs (concentrated along McLean Road) 2. effects of regular heavy truck traffic, particularly during the winter, for densely settled residents (density based upon closeness of dwellings to each other and road surface) a. congestion along road because of interaction between trucking and local traffic b. accident risks for property and bodily injury c. damages to adjacent property (due to vibration and throwing of road materials) and local vehicles traveling same road d. damages to poor quality roadway during period of maximum freezing, thawing, and sub -base softness. The poorer quality roads are most susceptible to damage during the winter months when truck use is most heavy. Season makes little different for use of alternative routes. e. physiological effects upon residents of noise, disruptions, and fear of tragic accidents for home, family and pets. f. interference with the operation of normal day to day life for McLean Road residents (including farmers) g. damage to trucks using the road when it is in poor condition 3. salt contamination of roadway which is poorly drained over the stretch in Cortland County. This has effects on vehciel traffic, soils, vegetation and ground water. 4. costs of overusing of under -designed roadway from the standpoint of maintenance of the road. 5. losses of long term capital investment in roadway because of shortened life -expectance. 6. losses because of underuse of better designed alternative routes LI i 1 1 Some random notes on traffic flow on McLean Road from Anita Holloway. The records are for different days and different times of.day and are not a systematic attempt to monitor all traffic flows. January 24, 1974 (Thursday) 5:15 PM Three salt tractor trailers in group going west 5:17 PM Tractor trailer with long steel beam 5:23 PM Tractor trailer going west 5:27 PM Medium sized salt truck going east 5:30 PM Salt tractor trailer going east 5:31 PM Salt tractor trailer going west 5:35 PM Salt tractor trailer going east January 28, 1974 (Monday) 11:17 AM Victory Markets tractor trailer going west (note that there is no Victory Market before Ithaca along this route) 11:23 AM Two salt tractor trailers in group going east 12:20 PM Salt tractor trailer going east 12:35 PM large and long tractor trailer of telephone poles going east 12:45 PM Salt tractor trailer going east 1:00 PM Salt tractor trailer going east 1:05 PM Salt tractor trailer going east 1:10 PM Log truck going east January 29, 1974 (Tuesday) 11:05 AM Salt tractor trailer going west 11:10 AM Salt tractor trailer going east No Records 2:35 PM Two salt tractor trailers going west 2:36 PM Tractor trailer going east 2:42 PM Salt tractor trailer going west 3:20 PM Log tractor trailer (empty) going west 3:25 PM Salt tractor trailer going west 3:44 PM Salt tractor trailer going west 4:12 PM Tractor trailer going east 4:44 PM Salt tractor trailer going west 4:45 PM Flat bed tractor trailer going east These records do not report the auto, small truck, and medium truck traffic during these time periods. ,r DIMENSIONS OF Mc LEAN ROAD FROM NY 281 (to deerfield heights, then after construction on to the county line) 1 1 I l 6.5 feet T 10.0 feet � I S- � (17 0 t N L shoulders range from 1 to 3 feet at best v along entire length with poor drainage '( and no grading