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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.
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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.
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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
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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
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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:
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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
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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
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