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HomeMy WebLinkAbout05-15-1996235 MAY 15, 1996 5:00 P.M. PUBLIC HEARING ROUTE 215 WATER TANK CONNECTION PROJECT - 1996 A Public Hearing was held by the Town Board of the Town of Cortlandville on May 11, 1996, at 5:00 p.m, at the Cortlandville Town Hall, 3577 Terrace Road, Cortland, New York, concerning the Route 215 Water Tank Connection Project - 1996. iMembers 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 Supt, Carl Bush; Town Typist, Edna Puzo; Tom Casey, Manager of Empire Cable -Comm; Jack Buttino, Cable Commissioner; and News Reporter, Sarah Fulmer. Supervisor Thorpe called the Public Hearing to order at 5:00 p.m. The Town Clerk read aloud the Legal Notice, as posted and filed. Supervisor Thorpe offered those in attendance privilege of the floor. No questions or comments were heard. Councilman Testa made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. • 1 230 MAY 15, 1996 TOWN BOARD MEETING 5:00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held on May 15, 1996, at 5:00 p.m. at the Cortlandville Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Raymond Thorpe presiding, following a Public Hearing concerning the Route 215 Water Tank Connection Project - 1996. 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 Supt, Carl Bush; Town Typist, Edna Puzo; Town Engineer, Hayne Smith; Tom Casey, Manager of Empire Cable -Comm; Jack Buttino, Cable Commissioner.; and News Reporter, Sarah Fulmer. Supervisor Thorpe called the Regular Meeting to order at 5:05 p.m. RESOLUTION #105 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers# 298 - 326 $13,963.77 General Fund B 39 - 49 $ 8,858.91 Highway Fund DB 185 - 202 $19,994.52 Water Fund 110 - 126 $17,664.64 Sewer Fund 78 - 91 $75,677.45 Privilege of the floor was offered to Mr. Tom Casey, Manager of Empire Cable -Comm, and Fanch Communication. He explained that Fanch Communications has requested approval of the Town to merge with other partners, to serve as a general partnership. The local office will continue to do business as usual. No jobs will be lost. The only change that might occur is the name of Time Warner may appear on the building and the service vehicles. This merger will give improvements to local reception. Jack Buttino, Cortlandville Cable Commissioner, stated that the commissioners wanted to confirm that they would continue the local office in our area. He stated that he has no reservations regarding this proposed partnership. Questions asked by Town Board members relating to this were answered. Councilman O'Donnell asked Water Supt; Carl Bush, if construction has started on our new water tank project. Mr. Bush informed of the location of the new Water Tank and also stated that no construction has started yet. 1 40 1 40 2J n LJ • MAY 15, 1996 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe read the Traffic Reports received from NYS Police Sergeant Terry Sullivan. These reports were the response from NYS DOT, regarding the traffic control request, made upon our request. They are as follows: McLean Road - a reduced speed limit was not appropriate. Cortlandville Crossing Mall exit - the existing yield sign is appropriate. NYS Route 281/Lamont Circle intersection: an advance left turn light is not appropriate at this time. Supervisor Thorpe expressed his frustrations and reminded those in attendance of the number of years, and deaths and injuries, that occurred before a light was put up at the intersection of Tompkins St., Starr Road and McLean Road. Reports of April 1996 of the Zoning Officer was available for review and filed in the Clerks office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter from Cortland County Legislator, Carletta Edwards. All voting aye, the motion was carried. The letter advised that they could not contribute monies for the Blodgett Mills Park project, but will investigate if other grant monies may be available. RESOLUTION #106 ADOPT RESOLUTION PURSUANT TO TOWN LAW SECTION 209-(6)(c) "ROUTE 215 TANK CONNECTION PROJECT - 1996" Motion by Councilman O'Donnell Seconded by Councilman Testa 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 "Route 215 Tank Connection Project - 1996", as required by Section 209-q and 209-c of the Town Law, and WHEREAS, an Order was duly adopted by the Town Board on May 01, 1996, reciting the filing of said general plans, the construction proposed, and the estimated expense thereof and specifying May 15, 1996, at 5:00 p.m. as the time and the said Town Hall in the Town of Cortlandville as the place where the said Board would meet to consider the documents filed as aforesaid and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, said Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on the 15th day of May, 1996 commencing at 5:00 p.m. at the Town Hall in the said Town and discussion upon the matter having been had and all persons desiring to be heard having been duly heard including members of the Board and various other persons, and NOW, upon the evidence given upon such hearing and upon the motion of Edwin O'Donnell, Councilman, seconded by Theodore Testa Councilman, and unanimously passed,it is �138 MAY 15, 1996 TOWN BOARD MEETING PAGE 3 RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient, and that to construct the aforesaid water extension is in the public interest, and it is further, RESOLVED AND DETERMINED, all costs, including the principal and interest on said bonds or other obligations authorized to be issued shall be borne by the lands benefited 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 further hereby determined that all lots or parcels in the Town of Cortlandville outside of Villages capable of being serviced by the "Article 12-C" Water Improvement heretofore and hereafter provided, are lots or parcels benefited by the proposed water tank project, and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one water system, and WHEREAS, it is further proposed that the costs of management, maintenance, operation and, repair of said improvement as proposed in said plans be authorized pursuant to Section 209-q(6)(c) of the Town Law; that the improvement therein mentioned be constructed and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such improvement shall be designated and known as "Route 215 Tank Connection Project - 1996", and it is further RESOLVED AND DETERMINED, that the proposed improvement, including costs and rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximated to be a maximum of $262,000.00, shall be paid by the issuance of bonds of the Town of Cortlandville as permitted by law, and it is further RESOLVED AND DETERMINED, that the costs of management, maintenance, operation and repair of said 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, and it is further RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution, file a certified copy of this resolution in the Cortland County Clerk's Office as provided for by Town Law Section 209-q(6)(d). RESOLUTION #107 SET DATE FOR A PUBLIC HEARING FOR AQUIFER PERMIT REQUEST OF PIERCE HARDY LIMITED PARTNERSHIP, 84 LUMBER Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED • 1 is 1 239 MAY 15, 1996 TOWN BOARD MEETING PAGE 4 WHEREAS, an application for an Aquifer Special Permit submitted by Pierce Hardy Limited Partnership, regarding 84 Lumber, has been reviewed by the Town and County Planning Boards, therefore BE IT RESOLVED, a Public Hearing shall be scheduled for June 05, 1996 at 7:00 p.m. for an Aquifer Permit review. RESOLUTION #108 SET DATE FOR A PUBLIC HEARING FOR ® AQUIFER PERMIT REQUEST OF REX TELEVISION & APPLIANCES Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Special Permit, submitted by Rex Television & Appliances, has been reviewed by the Town and County Planning Boards, therefore BE IT RESOLVED, a Public Hearing will be scheduled for June 05, 1996 at 7:00 p.m. for an Aquifer Permit review. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file notification from Doug's Fish Fry, 206 West Road, Cortland, NY, in regards to them applying for an Eating Place Beer and Wine License. All voting aye, the motion was carried. RESOLUTION #109 AUTHORIZE COMPLETION OF PROBATION PERIOD FOR DEPUTY TOWN CLERK # 3 VALERIE J. SCHMIDT Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, per resolution #186 of 1995, the position of Deputy Town Clerk #3 was made a full time position, and Valerie J. Schmidt has completed the required six months probation period, therefore BE IT RESOLVED, pursuant to the Town Personnel Policy, her annual salary shall be increased in the amount of $300.00, effective April 30, 1996. RESOLUTION #110 AUTHORIZE RECREATION AGREEMENT BETWEEN THE CITY OF CORTLAND AND THE TOWN OF CORTLANDVILLE IN THE AMOUNT $9 000 00 PER YEAR Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the Recreation Agreement between the City of Cortland and the Town of Cortlandville, in the amount of $9,000.00 and RESOLVED, the Supervisor is hereby authorized to sign the agreement. 240 MAY 15, 1996 TOWN BOARD MEETING PAGE Attorney Folmer reported on the following: Adult Entertainment Ordinance: The Town Board, Planning Board and ZBA have received a draft for review. No comments have been received. He will prepare a Final Draft to submit at the next meeting. RESOLUTION #111 ADOPT RESOLUTION CONSENTING TRANSFER OF THE ASSIGNMENT FOR THE CABLE • TELEVISION SYSTEM FRANCHISE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville, State of New York (the "Franchising Authority!') ordained and enacted a certain Franchise Renewal Agreement, dated April 12, 1995 (the "Franchise") granting a nonexclusive franchise to operate and maintain a community antenna television ("CATV") system within the Town of Cortlandville (the "Community"); and WHEREAS, the rights under the Franchise are now held by Fanch Communications of New York, L.P., a New York limited partnership ("Fanch"); and WHEREAS, the approval of Franchising Authority is or may be required to transfer the Franchise; and WHEREAS, Fanch is seeking the consent of the Franchising Authority for the assignment of the Franchise to TW Fanch-one Co., a general partnership whose partners are Fanch Cablevision of Indiana, L.P., Hornell Television Service, Inc. and Time Warner Entertainment Company, L.P. (the "Partnership"); and WHEREAS, immediately prior to the transfer of the Franchise by Fanch to the Partnership, Fanch may cease to exist as a separate entity and its assets and liabilities will be assumed by Fanch Cablevision of Indiana, L.P., a Delaware limited partnership ("FCILP") which presently owns a majority interest in Fanch; and WHEREAS, pursuant to the Cable Television Consumer Protection and Competition Act of 1992 (the "1992 Cable Act"), Fanch and the Partnership have submitted to the Franchising Authority a Form 394 - Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise; and WHEREAS, the Franchising Authority is willing to consent i to the assignment of the 'Franchise by Fanch to the Partnership as well as the momentary ownership of the franchise by FCILP. �. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. Consent is hereby given by the Franchising Authority to the transfer by Fanch to the Partnership of all of Fanch's rights, title and interest in, and duties and obligations arising under the Franchise. The Franchising Authority also agrees that immediately prior to such transfer the separate existence of Fanch may cease and FCILP may succeed to all of Fanch's assets and liabilities. Section 2. The Franchising Authority has received with this resolution the required FCC Form 394: 241 MAY 15, 1996 TOWN BOARD MEETING PAGE 6 Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise, and other documentary materials required by FCC regulations or state law or as required by the Franchise. Section 3. The Franchising Authority hereby confirms: (a) that the Franchise was duly enacted and properly granted, is in accordance with all state and local laws and is validly existing, legally enforceable And in full force and effect; (b) that Fanch is the holder of all right, title and interest thereunder; (c) that there exists no fact or circumstance which with the passage of time or giving of notice or both would constitute a default under such Franchise or would permit the Franchising Authority to cancel or terminate the rights under the Franchise, except upon expiration of the full term thereof; and (d) the present term of the Franchise expires April 11, 2005. Section 4. The Franchising Authority approves the assignment, mortgage, pledge or other encumbrance of the assets of the Partnership, including the Franchise, as collateral of any loan to or financing of the Partnership. Section 5. This resolution shall take effect and be in force from the earliest period allowed by law. Mr. Jack Buttino addressed the Town Board to state his appreciation for the opportunity to serve the Town as Cable Commissioner. Mr. Tom Casey, Manager of Empire Cable -Comm, stated that the contractor is coming to upgrade the cable system to fiber optic. There will be scattered outages from midnight to 4:00 a.m. from July to August 1996. RESOLUTION #112 AUTHORIZE CHANGE ORDER FOR THE COMMONS AVENUE WATER AND SEWER EXTENSION PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Change Order No. 1 has been submitted by the Town Engineer for the Commons Avenue Water and Sewer Extension project, therefore • BE IT RESOLVED, the Town Board does hereby approve Change Order No. 1 in the amount of $1,638.65 and the contract with Adhan Piping Co. is hereby amended. There was a discussion regarding supplying of information on a current bidders list. RESOLUTION #113 DIRECT TOWN CLERK'S OFFICE TO PROVIDE FOR ALL REQUEST OF THOSE WHO HAVE PURCHASED PROJECT PLANS FOR BIDDING PURPOSES Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED 242 MAY 15, 1996 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the Town Clerk's Office is directed to provide the public, upon request thereof, copies of the most up-to-date list of those persons who have purchased project plans for bidding purposes, requests for Fax transmission of such information are to be answered by Fax transmission, request received by mail are to be answered by mail, and personal requests are to be complied with at the time of such request. Recognizing that such information is necessary and appropriate for the submission of accurate and complete bids, such requests are to be responded to in a timely fashion to the end that the information is provided at the time of the request, whether such request is made by fax, mail, telephonically, or in person, and further RESOLVED, this direction is to replace and supplement any prior direction given the Clerk in regards to requests of this type. Supervisor Thorpe stated that Mr. Gary Gutchess of Gutchess Lumber is having their annual employees picnic Sunday May 18, 1996 from 12:00 p.m. - 4:00 P.M. and any of the Town Board Members are welcome to join them. They will give tours to anyone who has not seen there facility. Councilman Testa made a motion, seconded by Councilman O'Donnell to adjourn the Regular Town Board Meeting. All voting aye, the motion was carried. The Regular Town Board Meeting was adjourned at 6:15 p.m. Resp ctful s mitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1 0 1 i