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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. • 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. • 1 15 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 • 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 17 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 ® 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 13 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. 0 • m 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 11 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