HomeMy WebLinkAbout02-01-199514
FEBRUARY 01, 1995
PUBLIC HEARING
CABLE TELEVISION FRANCHISE
7:00 P.M.
A Public Hearing was held by the Town Board of the
Town of Cortlandville on February 01, 1995 at 7:00 p.m.
at the Town Hall, 3577 Terrace Road, Cortland, New York,
concerning the Cable Television Franchise Renewal.
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Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Folmer;
Town Typist, Edna Puzo; Highway Superintendent, Carl
Bush; and Newsreporter, Lisa Hutcherson.
Supervisor Thorpe called the Public Hearing to
Order at 7:00 p.m.
The Town Clerk read aloud the Legal Notice as
posted and filed.
Supervisor Thorpe offered privilege of the floor to
those in attendance.
No questions or comments were heard.
Councilman Rocco made a motion, seconded by
Councilman O'Donnell to close the Public Hearing. All
voting aye, the motion was carried.
The Public Hearing was closed at 7:03 p.m.
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FEBRUARY 01, 1995
TOWN BOARD MEETING
7:00 P.M.
The Regular Meeting of the Town Board of the Town
of Cortlandville was held at 7:00 p.m. at the Town Hall,
3577 Terrace Road, Cortland, New York with Supervisor
Thorpe presiding, following a Public Hearing concerning
the Cable Television Franchise Renewal.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Others present were: Town,Attorney;,:John,Folmer;
Highway Superintendent, Carl Bush; Town Typist, Edna
Puzo; and Newsreporter, Lisa Hutcherson.
Supervisor Thorpe called the meeting to order at
7:03 p.m.
Councilman O'Donnell made a motion, seconded by
Councilman Pilato, to receive and file the Planning
Board Minutes of December 27, 1994. All voting aye, the
motion was carried.
RESOLUTION #32 AUTHORIZE PAYMENT OF VOUCHERS
JANUARY
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund A
Vouchers # 36
- 58
$
4,192.39
General Fund B
3
- 5
$
3,867.27
Highway Fund
24
- 42
$
27,751.98
Water Fund
14
- 20
$112,562.18
Sewer Fund
10
- 15
$
93,346.61
Capital Projects
1
$
380.00
Privilege of the floor was granted to Councilman
Rocco. He reported that he has received calls from
residents of Lighthouse Hill concerning code violations
® of a mobile home located there. When the mobile home
was placed at 1805 Lighthouse Hill, their intent was to
build a permanent home at that location. This has not
happened. Residents of the area are concerned because
new construction has not occurred, and they do not want
the trailer to remain there forever.
He has discussed this with Town CEO, Bruce Weber.
A letter has been sent to the property owner advising
that a building permit, to construct a house, must be
submitted by May 1, 1995 and construction of the house
be started by June 1, 1995, or the matter will be
referred to the Town Board.
Councilman Rocco requested Attorney Folmer to
follow through on this situation.
Councilman Rocco also discussed the letter Town
Board members received from CEO Bruce Weber in regards
to non-compliance of the codes relating to unregistered
vehicles accumulating on property located at 3086 Page
Green Road, in the Town.
FEBRUARY 01, 1995 TOWN BOARD MEETING PAGE 2
A discussion was held concerning junk vehicles.
Councilman Rocco suggested that the Board get
information from non-profit organizations that will come
and pick up junk cars at no cost. Could we advertise
this for Town residents that would enable them to clean
up their property in the Spring.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, that copies of letters sent to Mr.
Regan Darbishire, 1805 Lighthouse Hill Road, and
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Mr.Gerald Darling, 3086 Page Green Road, concerning
zoning violations, be received and filed. All voting
aye, the motion was carried.
Councilman O'Donnell reported that he met with
Manny Lann of the County Youth Bureau, to discuss the
reappointment of Scott Freidah by our Town Board.
Mr. Lann is happy with the appointment.
Councilman Pilato expressed pleasure to Supervisor
Thorpe for his participation at the meeting with Marian
Meiczinger and County Departments concerning the fire
number system and particularly the Lamont Circle area
residents.
Reports of the Justice for December, 1994 and the
Tax Collector for January 1995, are on the table for
review, and are available for inspection, upon request,
in the Town Clerk's Office.
RESOLUTION #33 ACKNOWLEDGE AUDIT REPORT FROM THE
NYS COMPTROLLER FOR THE FISCAL
YEAR ENDING DECEMBER 31, 1993
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the audit report from the NYS
Comptroller Office for the fiscal year of 1993 is
hereby acknowledged and shall be received and filed.
RESOLUTION #34 AUTHORIZE EXTENSION OF TIME FOR TAX
COLLECTION TO JUNE 01, 1995
Motion by Councilman Testa
Seconded by Councilman O'Donnell •
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and
directed to sign and forward a request for an extension
of the tax collection program until June 01, 1995, to
the Cortland County Treasurer, in compliance with
Section 938 of the Real Estate Property Tax Law.
Attorney Folmer reported on the following:
The Easement for the property on Fisher Avenue has
been received from the Town of Homer. It is in order and
will have Supervisor Thorpe sign, then he will file at
the County Clerk's Office.
Paperwork for the Code violations in the Blodgett
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FEBRUARY 01, 1995 TOWN BOARD MEETING PAGE 3
Mills area has been submitted to Judge Kelsen. She has
advised that notice has been mailed to the property
owner for a scheduled appearance in Town Court on
February 06, 1995.
Submitted the Order, for adoption of, for the
Lyncort Drive Water Improvement project. The Legal
Notice will be sent to the Cortland Standard for
publishing.
RESOLUTION #35 ADOPT ORDER PURSUANT TO TOWN LAW
SECTION 209-q(3) "LYNCORT DRIVE
WATER IMPROVEMENT - 1994"
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, there were filed and made available for
public inspection in the Office of the Town Clerk of the
Town of Cortlandville, Cortland County, New York,
general plans relating to the establishment of a water
improvement project for the Cortlandville area of
Lyncort Drive designated "Lyncort Water Improvement
Project - 1994", as required by Section 209-q and 209-c
of Town Law; and
WHEREAS, the proposed improvement consists of the
construction of new water mains and services for a
distance of approximately 2,000 feet to provide service
for residential owners in said area in accordance with
the said plans now on file in the Office of the Town
Clerk of the Town of Cortlandville; and
WHEREAS, the maximum amount proposed to be expended
for said improvement is $74,000.00; and
WHEREAS, the proposed method of financing of said
improvement is by the issuance of bonds of the Town of
Cortlandville in the principal sum of $74,000.00; all
future costs including the repayment of the principal
and interest of such bonds shall be borne by the lands
benefitted by such improvement and such costs shall be
assessed, levied and collected from the several lots or
parcels of land within said Town of Cortlandville in
just proportion to the amount of benefit which the
improvement shall confer upon such lots or parcels; it
is hereby proposed that all lots or parcels of the Town
of Cortlandville outside of Villages, capable of being
serviced by the Water Article 12-C" Water Improvements
heretofore and hereafter provided, are lots or parcels
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benefitted by the proposed water improvement; and the
cost of the proposed water project and all pervious
improvements shall be spread upon and over the enlarged
benefitted area, all of such improvements constituting
one water system. The following parcels designated on
the 1989 Cortland County Real Property Tax Maps as
Cortlandville tax parcels, will be benefitted by the
said improvement as will those parcels previously
identified by action of the Town Board as benefitted by
previously authorized and constructed water
improvements.
TAX MAP PARCEL NUMBERS: 95.06-01-03.1, 95.06-01-04,
95.06-01-05, 95.06-01-06, 95.06-01-07, 95.06-01-08,
95.06-01-09, 95.06-01-10, 95.06-01-11, 95.06-01-12,
95.06-01-13, 95.06-01-14, 95.06-01-15, 95.06-01-16.
WHEREAS, it is further proposed that the costs of
management, maintenance, operation and repair of said
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FEBRUARY 01, 1995 TOWN BOARD MEETING PAGE 4
improvement or services shall be a charge upon the area
of the Town of Cortlandville outside of Villages and
shall be levied and collected in the same manner and at
the same time as other Town charges, provided that it is
the intention of the Town Board that such costs will be
raised in the first instance from water rates, charges
and fees upon all lots or parcels heretofore and
hereafter serviced by Town Law Article 12-C Water
Improvements:
WHEREAS, a short form Environmental Assessment Form
has been prepared pursuant to the State Environmental
Quality Review Act, and is available for review by the
public at the Cortlandville Town Hall;
IT IS HEREBY ORDERED, that a meeting of the Town
Board of the said Town of Cortlandville shall be held at
the Town Hall, 3577 Terrace Road, Cortland, New York on
the 15th day of February, 1995 at 5:00 p.m.o'clock in
the afternoon that day to hear all persons interested in
the proposed water improvement, and for such other
action of said Town Board with relation to said water
improvement as may be required by law or be deemed
proper.
RESOLUTION #36 .APPROVE CABLE TELEVISION FRANCHISE
AGREEMENT AS AMENDED
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a Franchise Renewal Agreement was received from
Fanch Communications on New York, L.P. for review, and
WHEREAS, per recommendation of our representative, Jack
Buttino, Sections 11.11 and 19.5 were amended, as
requested, and
WHEREAS, a Public Hearing has been held, as required,
therefore
BE IT RESOLVED, the Town Board does hereby approve the
Franchise Renewal Agreement submitted by Fanch
Communications of New York, L.P., as amended, to provide
cable television service within the Town.
RESOLUTION #37 :REFER AQUIFER PERMIT APPLICATION
FROM MARSHALL BROS. INC TO THE TOWN
AND COUNTY PLANNING BOARDS TO REVIEW
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Permit Application,
submitted by Marshall Bros. Inc., for new construction
at their location on Route 11 in Polkville, shall be
refereed to the Town and County Planning Boards, for
their review and recommendations.
The Town Clerk received a notice of cancellation
from Sammons Communication Insurance carrier. The Town
Board requested she contact Mr. Casey, General Manager
for Empire Cablecomm, owned by Fanch Communications of
New York L.P., to inform him that the Town needs a new
Certificate of Insurance.
I.
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FEBRUARY 01, 1995 TOWN BOARD MEETING PAGE 5
RESOLUTION #38 AUTHORIZE SUPERVISOR THORPE TO SEND
A LETTER OF SUPPORT TO ASSOCIATION
OF TOWNS SUPPORTING LEGISLATION TO
CHANGE CIVIL SERVICE ELIGIBILITY
LIST TO TOP 10 INSTEAD OF TOP 3
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
® WHEREAS, information was received from the Cortland
County Personnel/Civil Service officer, Bethany
O'Rourke, encouraging support of amending the current
legislation to allow for appointments from eligible
lists to be from the top 10 as opposed to the top 3,
therefore
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BE IT RESOLVED, that Supervisor Thorpe is hereby
authorized and directed to send a letter of support to
the Association of Towns from the Town, and
RESOLVED, that such communication shall be received and
filed.
RESOLUTION #39 AUTHORIZE CASH ADVANCE FOR WATER
IMPROVEMENT CAPITAL PROJECT
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Budget Officer is hereby authorized
and directed to transfer $380.00 from the Water Surplus
Funds into the Route 222 Water Improvement Capital
Project.
Councilman Rocco made a motion, seconded by
Councilman O'Donnell, to recess the regular meeting and
convene to an Executive Session to discuss pending
litigation, as requested by the Town Attorney. All
voting aye, the motion was carried.
The following information was received from the
Supervisor's office;
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to adjourn the Executive Session and
reconvene the Regular Meeting. All voting aye, the
motion was carried.
No action was reported.
Councilman Pilato made a motion, seconded by
Councilman Rocco, to adjourn the Regular Meeting. All
voting aye, the motion was carried.
The meeting was adjourned at 7:45 p.m.
/,'Respectfully su itt d,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville