HomeMy WebLinkAbout1979-03-13 i i !gg I 1 ,
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PUBLIC HEARING
March 13 , 1979
American Television & Communications Corp .
Proposed Amendment to Cable TV Franchise
Minutes of the public hearing commnecing at 7 : 35PM
Present : Supv Cotterill , Clw Graham , Clm Metzger , Clm Tarr , Clm Webb , Atty Amdur
and Z . O . Stewart
Supv Cotterill read the notice that was published in the newspaper to consider the
application of American Television and Communications Corp in the matter of a proposed
amendment to the Cable Television Franchise granted by the Town of Dryden to Ceracche
Television Corp on Dec 30 , 1961 , as amended and subsequently transfered to the
American Television Communications Corp by the New York State Commission on Cable
Television on Sept . 27 , 1977 , which amendment is as follows :
1 . - To authorize the American Television and Communications Corp to charge $ 2 . 00
per month per outlet for a converter and / or descrambler rented by the subscriber
from American Television and Communications Corp for the purpose of receiving either
additional broadcast channels and / or premium programming . This fee is in addition to
charges for basic 12 channel cable service and premium programming . The service
provided by the converter and descrambler are incremental to the basic 12 channel
service , and no customer is required to subscribe to these services as a condition
to receiving the basic service .
2 . - All other provisions of the franchise as amended , shall remain in full force and
effect , except as specifically modified hereinabove .
QUESTIONS AND / OR COMMENTS
Atty Amdur reported that she had talked with Mr Lee and discussed the County Cable
Commission , that Clm Tarr is working with . The Cable Comm . is working on a franchise
that will be uniform throughout the county . This is not yet completed . Atty Amdur
did mention to Mr Lee that the Town of Dryden would like their company to consent to
the new franchise agreement that the Cable Commission is working on -before the town
agrees on any amendments .
Supv Cotterill reported that there has been a lot of confusion with the transfer ,
which has been very poorly done between Cortland and Ithaca .
Atty Amdur reported that the Town of Dryden did not issue exclusive franchises . The
town issued non- exclusive franchises . One was for Ceracche for the entire town and one
was for Sammons for the entire town . Even though , they did not cover the entire
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town , they had the right to use their franchise . When Sammons sold his entire
business , he also transferred the town franchise which covered the entire Town of
Dryden .
Mr . David Lee , General Manager for Ceracche TV arrived at 7 : 45PM
Mr Lee reported that American TV has purchased certain portions of Sammons TV in the
Village of Freeville , Village of Dryden and Town of Dryden . They are now in the
process of converting the system over to their own , which means they have to design
and purchase materials before the old system can be replaced . They will be able
to provide the new area with more channels that they are now receiving . They are
now in the middle of the design stage because of the distance that has to be covered .
Within the next few months they hope to have the conversion finished . The proposed
amendment to the franchise is in regard to the converters that they supply the
customers with who choose to receive the extra channels and HBO . They would like to
create a middle tier service for those customers that do not wish to purchase HBO but
the extras channels of service . When the service is turned around and the people
who would like the extra channels and HBO they will be able to do so . Mr Lee presented
the Town Board with a break down of the $ 2 . 00 charge . ( see attached memorandum in
minute book)
Mr Lee said that they would be receiving the original 12 channels , then the additional
9 channels and HBO ( 22 channels in total ) . There is the original $ 6 . 00 charge ,
plus $ 2 . 00 for the extra channels and another $ 6 . 00 for HBO for a total of $ 14 . 00 .
You will not be able to get HBO without the additional channels .
Clm Metzger was wondering when the change would be completed . Mr Lee stated that
they are working on the design because of the area involved to make sure of a good
quality signal when they are finished . They are taking their time to make sure it
is done right and it should be finished in about 6 months . They know the equipment
out there now is old and needs attention .
Mr William Sutton wanted to know how they can get cable on North Rd . Mr Lee stated
that he does have their petition in his office and there will not be any additions
to the cable service until they have completed the change over . Mr Lee ' s office
will take the petition and see how many people would like the cable , investigate the
milage and how many houses are located in a certain distance to determine the cost
for the extension . If there are fewer number of houses per mile they ask the
customer to share in the expense of the extension .
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Supv Cotterill stated that the problem with the cable companies is that they start
at the Village line and pick up all the density in the 2 trailer parks and stop the
cable service . When an extension is requested the company starts from where they left
off for their requirements of 20 or so houses , which it should start from the Village
line where the density is already acquired . With the Town ' s Ordinance you will never
get the required number of houses per mile . Mr Lee reported that when the new plant
is built and new requests are made you do a feasibility study on the new extension
only . They are more than willing to go out and look and ask for a pro - rated share
it it is necessary .
Mr Mark Goldfarb was also wondering about a cable extension . Mr Lee stated that they
would have to be looked at after the conversion is made . Mr Lee thought the requirement
was 35 houses per mile . Supv Cotterill said that it was 20 houses per mile .
Mr Lee said that when there are fewer number of houses per mile then required in the
franchise the subscribers are asked to share in part of the cost . This would be a
one time only charge and a 2 year period , where if a new subscriber came on to the
• cable service who hadn ' t paid their share , the cable company would require the new
subscriber to pay their share and redistribute the money to the original customers
on the extension . Mr Lee wanted it made clear that they would not do any line
extensions now until they have made the conversion .
Supv Cotterill wanted to know what time frame would be involved . Mr Lee said about
4 to 6 months to get the conversion made . Supv Cotterill wanted to know if Mr Sutton
and Mr Goldfarb could expect an answer by August or September about the line
extension . Mr Lee said definitely .
Closed Public Hearing : 8 : 40 PM
TOWN BOARD MEETING
March 13 , 1979
Minutes of the Town Board Meeting held on March 13th
Supv Cotterill called the meeting to order at 8 : 40 PM
Members and guests participated in the Pledge of Allegiance
Roll call was by the Town Clerk : Present : Supv Cotterill , Clw Graham , Clm Tarr ,
Clm Metzger , Clm Webb Atty Amdur & Z . O . Stewart
Approval of the minutes : Motion was made by Clw Graham and 2nd by Clm Metzger
that the minutes of the Special Meeting held on January 23rd and Town Board Meeting
held on February 13th be approved as submitted .
COUNTY BRIEFING
Co Rep Tillapaugh reported that the County had voted to relinquish their preferential
r- o-w on the abandoned LVRR from Harford to Groton .
Reported that the Open House for the new hospital is scheduled for sometime in May ,
Reported that Kermit Marquis has been appointed to the Tomp Co Economic Advisory Board .
CITIZEN PRIVILEGE OF THE FLOOR
Mr Henry Slater from Catherine Drive was wondering when South Knoll Drive , Crystal
Drive and Catherine Drive were going to be paved . They are in bad shape .
Supv Cotterill stated that Hwy Supt Humphrey wanted to surface the road last year
but ran out of time and money . It is on the list to be paved after some work has
been done on it because of the heaving over this past winter . Hopefully , this
summer if the money does not run out that is in the budget .
ATTORNEY
Atty Amdur reported that she had received a letter from Mr Monek , Director of Real
• Estate & Tax , stating that they would appreciate receiving the towns best cash offer .
Atty Amdur read letter from Mr Noseworthy dated Feb 23rd that in regard that they
were endeavoring to secure a better price for the subject property . The Town of
Dryden does have the preferential rights to purchase the r - o -w and they are entitled
to receive a fair amount for market value . At this time there are purchase offers
of twice the amount that the town has offered for the property . The Town does have
an opportunity to make a better offer . Atty Amdur said the Town does have the
preferential rights and does have the opportunity to meet any other offers .
RESOLUTION ## 58 ACCEPT BEECHNUT TERRACE AS A TOWN ROAD
Clm Metzger offered the following resolution and asked for its adoption .
RESOLVED , that this Town Board accept the dedication of Beechnut Terrace as a town
road with the approval of the Planning Board , Hwy Supt Humphrey and Atty Amdur .
2nd Clm Tarr Carried
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Atty Amdur reported on the Prince Estate , in Etna . Their attorney asked for 1 month
delay to comply with the judges order . The Judge has filed an order declaring that
the barn was a public nuisance and to be removed . They were given until March 1st
to remove the rubble and debris . As of tonights meeting nothing has been done to the
property . Some arrangements now can be made to clean up the rubble . All the court
fileing , architect and clean up cost will be put on the property tax roll bill .
The Town Board authorized Hwy Supt Humphrey to hire someone to clean up the property
or for the highway men to clean up the property . •
TOWN CLERK
Reported that there will be a Tomp Co Municipal Meeting held March 21st at the Sheraton
at 7 : 00 PM . Also requested the Town Board empower the Town Clerk to dispose of some
old records . RESOLUTION # 59 DISPOSITION OF RECORDS
Clw Graham offered the following resolution and asked for its adoption .
RESOLVED , by the Town Board of the Town of Dryden that Susanne Lloyd , Town Clerk ,
be , and hereby is authorized to dispose of record item numbers 65 , 69 , 138 , 139 ,
140 , 141 , 142 , 143 , 145 , 148 , 149 , 152 , 153 , 159 , 165 , 193 , 195 , 198 , 211 , 213 , 288 •
214 , 217 , 229 , 234 , 237 , 239 , 240 , 242 , 246 , 282 , 283 , 284 , 296 , 297 , 325 , 392 , 396 ,
397 , 404 , 437 , 450 , 455 , on Local Records Disposition Request List Number 272 -TC - 14
issued pursuant to Part 185 , Records of Public Corportations , Title 8 of the Official
Compilation of Codes , Rules and Regulations of the State of New York
AND BE IT FURTHER RESOLVED ; that the Clerk of this Board be , and hereby is , directed
t o furnish a certified copy of this Resolution to be forwared to /the Commissioner of
Education .
2nd Clm Tarr Carried
ZONING OFFICER
Reported 2 building permits were issued for the month of February .
ZBOA held 2 hearings. 1- Claud Dann was granted to build a silo . 2 . - Mr Douglas Sutton
from Ellis Hollow Rd was denied for a riding stable .
There was some discussion on updating a Town Directory .
Clm Webb wanted to know the status of the Frank Robinson property . Z . O , Stewart
✓ eported that Judge Newhart had given Mr Robinson until the end of February to clean
up the property . Mr Robinson has given Judge Newhart a written report from a contractor
that nothing can be done until April when the weather is better .
COUNCILMAN PRIVILEGE OF THE FLOOR
Clw Graham wanted to know the status of the Snyder Hill Rd water extension .
Atty Amdur reported that she has not heard anything at this time .
Clw Graham was wondering if a road sign could be put up to mark Etna Lane off Rte 13 .
Clm Webb reported that he had taken the relocation Rt 13 maps to the Dryden High School
but has not heard from them yet . There will be a meeting at the Town Hall on the
✓ elocation of Rt 13 on March 20th at 7 : 30 PM . Also reported on the insurance meetings
that he and Clm Metzger have been attending .
CORRESPONDENCE
Letter from NYSDOT re : intersection sign at Springhouse and Rt 38 .
There was some discussion on the franchise . Atty Amdur reported that there was a uniform
franchise being worked on for the county by the Cable Commission which she has not received
yet . Mr Lee said that the amendment that he has is for the franchise that is presently
in force . The franchise that the Town wants to present to Ceracche is an amendment
also to the franchise that is in force . We are not talking of any new franchise or
any new major changes but to update what we have . One amendment can be put in force
which is the one that I am requesting and then later on whenever the town feels
appropriate the amendment that you would like to propose, Atty Amdur stated that it •
is an amendment , but that is an entirely new franchise that supersedes the previous
franchise in total .
Clm Tarr felt that there are some negotiable points in this amendment and would like
to consider both proposals to the amendment at the same time .
Atty Amdur reported that one thing that was not in the proposed franchise agreement
that should be in there is the formula for an extension service . Clm Tarr stated
that it was in there , but that it called for 35 houses per mile and the old franchise
called for 20 houses per mile .
The Town Board decided to table the decision until next months meeting .
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RESOLUTION # 60 ACQUIRE ABANDONED RAILROAD PROPERTY 3 el
Clm Metzger offered the following resolution and asked for its adoption .
WHEREAS , The Town of Dryden deems that it is in the best interest to acquire that
portion of the abandoned Lehigh Valley Railroad property from south of the Dryden
✓ illage line to West Lake Road and from Etna Lane to the Town of Ithaca line , it
being the intention of the Town to use the premises in question for sewer and other
utility lines , and
WHEREAS , PURSUANT TO section 18 of the Transportation Law of the State of New York ,
the said Town of Dryden must notify the appropriate official in the New York State l
D epartment of Transportation with respect to the intentions of the Town ,
NOW THEREFORE ,
BE IT RESOLVED , that the Town of Dryden hereby intends to exercise a preferential
acquistion right for said abandonded railroad property when the New York State
Department of Transportation shall have released its preferential acquisition right
for such property , and
BE IT FURTHER RESOLVED , that the Clerk of the Town of Dryden is hereby authorized
• and directed to forward a certified copy of this resolution to the Commissioner of
Transportation at Albany , New York , and to the Lehigh Vallery Railroad .
AND BE IT FURTHER RESOLVED , that this Town Board authorize Attorney Amdur to make a
purchase offer of $ 100 . 00 per acre to the LVRR for the two sections of property .
2nd Clw Graham Roll call vote - Supv Cotterill YES
Clw Graham YES
Clm Metzger YES
Clm Tarr YES
Clm Webb YES
RESOLUTION # 61 INTERGOVERNMENTAL RELATIONS COMMITTEE
Clm Metzger offered the following resolution and asked for its adoption .
WHEREAS , THE Town of Dryden reaffirms its commitment to work with the City of Ithaca
Common Council and the Town of Ithaca towards an agreement which will set forth the
type and method of participation by each municipality in the construction , operation
and maintenance of an expanded sewage treatment facility to serve the present and
future needs of the City of Ithaca , Town of Ithaca , and the Town of Dryden ,
NOW THEREFORE , BE IT RESOLVED ,
That the City of Ithaca Common Council , the Ithaca Town Board , and the Dryden Town
Board agree to and hereby establish an eight-member Sewer System Planning Committee
consisting of four ( 4 ) members selected by the City of Ithaca , three ( 3 ) by the Town
of Ithaca , and one ( 1 ) by the Town of Dryden , to carry on the work of investigating -
and planning in order to prepare such agreement and effect such participation as set
forth in the charge described below . If the numerical representation from each
municipality permits , one half of the persons appointed to the Committee by each
municipality shall consist of persons who are elected officials of the Towns & City
That the Sewer System Planning Committee is hereby charged with the , responsibility
t o advise the governing boards of the three municipalities upon all matters pertaining
t o the work of consultants in developing the scope of the project , including
recommendations pertaining to changes in the scope of the project , the need for
further technical , legal , financial , or other assistance as may be required .
BE IT FURTHER RESOLVED ,
That the Sewer System Planning Committee proceed with the preparation of an
intermunicipal agreement which will govern the financing of the Sewer System
Evaluation Survey and the administration of the work to be performed and which will
be submitted for review and adoption by the participating municipalities with a
t arget date set for adoption by April' 1 , 1979
BE IT FURTHER RESOLVED ,
That the Sewer System Planning Committee be charged with fully developing at least
two alternate methods of ownership , administration and operation of the sewage
treatment facility and with fully developing the pros and cons of each alternative
• from the point of view of the rate payer of each municipality . The alternatives
to be developed must include as a minimum :
( 1 ) Joint municipal ownership , administration and operation .
( 2 ) Continued City ownership , administration and operation with contract service
t o the municipalities .
BE IT FURTHER RESOLVED ,
That the three participating numicipalities, hereby make available their support staff
for the purpose of gathering data and supporting the Planning Committee in the
preparation of reports . The City of Ithaca Superintendent of Public Works , as project
representative of the applicant ( City of Ithaca ) , will keep the Committee informed of
all communications with the consultants and the grant agencies and will refer all
policy matters pertaining thereto to the Committee for review sufficiently prior to
required approval dates so that a recommendation can be prepared by the Committee for
action by the governing boards .
BE IT FURTHER RESOLVED ,
That the Planning Committee will report the status of their work to the governing
bodies at least quarterly .
BE IT FURTHER RESOLVED , That this Town Board appoint Councilman 'Metzger to the committee
to represent the Town of Dryden .
2nd Clm Webb Carried
RESOLUTION # 62 TRANSFER FUNDS FROM UNAPPROPRIATED
FUND BALANCE TO ATTORNEY CONTRACTUAL 1420 . 4
Clm Tarr offered the following resolution and asked for its adoption .
RESOLVED , that this Town Board authorize the Supv to transfer $ 55 . 26 from Unappropriated
Fund Balance to Attorney , contractual 1420 . 4
2nd Clm Metzger Roll call vote - all voting YES
RESOLUTION # 63 APPLICATION FOR STATE AID - NYS DIVISION
FOR YOUTH FOR 1978
Clm Tarr offered the following resolution and asked for its adoption .
RESOLVED , that the Supv be authorized to file the recreation application for State Aid
with the NYS Division for Youth for 1978 /
2nd Clm Webb Roll call vote - all voting YES
RESOLUTION # 64 SUPPLEMENTAL PROGRAM FOR RECREATION
PROGRAM
Clm Metzger offered the following resolution and asked for its adoption .
RESOLVED , that this Town Board approve the Supplemental Program for the Town of •
Dryden Recreation Program as presented .
2nd Clm Tarr Roll call vote - all voting YES
RESOLUTION # 65 APPOINT ZONING OFFICER AS LIASON
FOR BUREAU OF CENSUS - LOCAL REVIEW PROGRAM
Clw Graham offered the following resolution and asked for its adoption .
RESOLVED , that the Town Board appoint Zoning Officer Stewart as the liason between
the Town of Dryden and the Bureau of Census - Local Review Program .
2nd Clm Metzger Carried
RESOLUTION # 66 ADVERTISE FOR BIDS FOR 1978 SCREENING PLANT
Clm Tarr offered the following resolution and asked for its adoption .
RESOLVED , that this Town Board authorize Hwy Supt Humphrey to advertise for bids for
one 1978 screening plant with not more that 1000 working hours , with and without
trade- in , not to exceed $ 35 , 000 . 00
2nd Clm Metzger Roll call vote - all voting YES
RESOLUTION # 67 AUDIT HIGHWAY BILLS
Clm Tarr offered the following resolution and asked for its adoption .
RESOLVED , that the highway bills be paid as audited .
2nd Clm Metzger Roll call vote - all voting YES
RESOLUTION # 68 AUDIT GENERAL FUND BILLS
Clw Graham offered the following resolution and asked for its adoption .
RESOLVED , that the general fund bills be paid as audited .
2nd Clm Webb Roll call vote - all voting YES
JUSTICE REPORTS Judge Sweetland - $ 1963 . 00 .Judge Newhart - $ 2605 . 00
FINANCIAL REPORTS REVENUES EXPENSES
General Fund A $ 104180 . 48 $ 28835 . 21
General Fund B 384 . 05 777 . 65
Fire Protection District 19 . 60 52250 . 00
Federal Revenue Sharing 126 . 58 - 0 -
Capital Fund - 0 - 3123 . 42
Highway Fund 219476 . 38 48452 . 56
RESOLUTION # 69 CONTRACT WITH SPCA TO ISSUE APPEARANCE
TICKETS
Clw Graham offered the following resolution and asked for its adoption .
RESOLVED , that this Town Baord authorize the Tompkins County SPCA to seize and impound
dogs found in violation of the Town of Dryden Dog Control Ordinance pursuant to Article 7
of the Agriculture and Markets Law of the State of New York .
AND FURTHER RESOLVED , to authorize the SPCA to issue appearance tickets for dogs found ®
in violation of such ordinance . The first offense will not be more than $ 25 . 00 ; not
more than $ 50 . 00 for the second violation , and not more than $ 75 . 00 for the third and
_ all subsequent violations , or by imprisonment for a term not to exceed five days ,
for each violation .
2nd Clm Metzger Roll call vote - Supv Cotterill YES , Clw Graham YES ,
Clm Metzger YES , Clm Tarr NO , Clm Webb NO (YES for $ 500 . 00
contract )
NEW BUSINESS
Schedule Public Hearing for Federal Revenue Sharing 7 : 30 PM April 10 , 1979
Adjourned : 10 : 30 PM
Ck
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Susanne Lloyd
Town Clerk
