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HomeMy WebLinkAbout11-19-1975247 Wednesday, November 19, 1975 7:30 P.M. Pg. 1 The second regular meeting of the month of the Town Board was held at 15 Terrace Rd., with Supervisor, Robert P. Blatchley presiding. Other' board members present were: Justices Donald Eaton and Ronald Fish; and Councilmen, Sherman Griswold & Ray Miller. Others present were: Town Clerk, Christine Canestaro; Deputy Town Clerk, Theresa Fortin; Town Attorney, John Gardner; Town Engineer, William Rowell; Zoning Enforcement Officer, Don Fowler; Highway Supt., Carl Eaton; Water & Sewer Dept. Supt., Fred Walker; Attorney Helen Amdur, Kay Feinstein and William Strange of Sammons Communications; News reporter, Skip Chapman; and several residents of the town. Supervisor Blatchley called the meeting to order and the pledge of allegience was given by all in attendance. The Town Clerk read the minutes of the last meeting. There were no corrections or additions. Upon motion of Justice Eaton, and seconded by Councilman, Miller, all voting aye, the minutes were approved as read. The Town Clerk read a note of thanks from the family of Louis Wagner. The Town Clerk read a notice of order received from the State D.O.T. notifying that a traffic signal will be installed by the regional traffic engineer as follows: At the intersection of Rte 90, SH54.24, with Starr Rd. CR 120 C; with flashing signal displaying yellow indications facing north and south on Rte.90 and red indications facing east and west on Starr Rd. Signal 20). Justice Eaton reported that during the month of October he had completed 500 cases, turned over $9,414.00 to the state comptroller and is holding $1,880.00 in pending cases. Highway Superintendent, Carl Eaton reported that the air compressor for the municipal building on Rte. 281 had been purchased and delivered. He reported that he and Mr. Rowell had checked the Stiles matter on Gwen Lane and Northway Dr. and found that the recommendations., as itemized in the minutes of the last meeting, had been made and met with their approval. Supervisor Blatchley advised that he had spoken with Mr. Tennant regarding the reduction of the speed limit on McLean Rd. and Mr. Tennant thought there was a good possiblity that this could be accomplished. Fred Walker advised that he had been informed that there would be a 5% increase in the cost of a backhoe after January 1, 1976 and urged that the new backhoe for the water department be ordered before the end of the year. He and Justice Eaton are to work out some specifications on this item to be presented at the next meeting of the Town Board. Zoning Enforcement Officer, Don Fowler, announced that he would be decreasing his work week to three, six hour days per week. He will be working Tuesday, Wednesday and Thursday through the winter months. However, he would be available at other times in cases of emergency. Mr. Fowler reported that he, Mr. Blatchley and Mr. Zollendeck had taken a trip around the town to view some of the problems which exist and noticed that several areas are being cleaned up satisfactorily. Supervisor Blatchley reported: ® 1. That he had met with the County Sewer Agency and it is anticipated that the study being conducted by 0_'Brien & Gere will be completed within ten months. 2. That he, Mr. Rowell, Mayor Calale and Mr. McNeil had met in Homer to discuss the Water & Sewer services for the Northwood development, and had made definite plans to hook up the T & M Diner to the sewer line. 3. He had met with the Environmental Commission and reported that they would work with the Zoning Enforcement Officer and other interested persons in a clean up campaign for 1976. 4. That a memorial to Frank K. Taylor had been established outside the Town Hall and the dedication had taken place on Sunday 11/16/75• 5. He had recommended Mr. Bennie Gunzenhauser to fill the opening that exists on the County Planning Board. 6. He had prepared the following short synopsis of some of the major 248 Wednesday, November 19, 1975 Pg. 2 financial needs of the town in preparation of filing an application for H.U.D. funds: Sewer - U. S. 11 between Cortland and Homer Sewer - Groton Avenue area Sewer - P. T. M. Sewer - Area around the Town Hall (Terrace Rd.,Pleasantview Ave. & surrounding area) Water District - South Cortland Water - Polkville Supervisor Blatchley reported that he had checked with the town's Insurance agent, Mr. Warren Barth, regarding the liability insurance for the proposed ice skating rink. Mr. Barth advised him that this would be covered under the blanket policy now held by the town. Mr. William Strange of Sammons Communications gave a brief talk regarding the operations (receipts & expenses), programing, and extension } of cable T.V. service and new .rules and regulations passed by the N.Y. State Cable Commission. There was a great deal of discussion from the residents in attendance, the majority of which were from Blodgett Mills and Hoxies Gorge. These people were in favor of the increase so that service will be extended to their area. Legislator,.Delmar Palm read a letter from Rev. Bresnahan complaining about the inconsistancy of installation rates quoted him regarding home box office by Sammons Communications. Mr. Strange assured everyone that rates for installation and service are set forth in the franchise and must and will be adhered to. In answer to a question from Justice Fish, Mr. Strange advised that if the rate increase is granted by the Town Board, it would have to be approved by the N.Y. State Cable Commission before the increased rate could be charged to the customer. This usually takes about 30 days he said. RESOLUTION #162: AMENDMENTS TO ORDINANCE GRANTING A FRANCISE AND PERMIT FOR A COMMUNITY ANTENNA SYSTEM IN THE TOWN OF CORTLANDVILLE Upon motion of Councilman Griswold, seconded by Councilman Miller, all voting aye, the following resolution was unanimously adopted: ( SEE ATTACHMENT) RESOLUTION #163: AUTHORIZATION TO RELEASE PERFORMANCE BOND TO EDWARD STILES 'GWEN LANE AND A PORTION OF NORTHWAY DR. Upon motion of Justice Fish, seconded by Councilman, Griswold, all voting aye and adopted. WHEREAS the double surface treatment on Gwen Lane and a portion of NorthHay Dr. has been inspected and approved by the Town Highway Superintendent and the Town Engineer, and • WHEREAS, certain corrections as requested by the Highway Superintendent and the Town Engineer have been made and approved, NOW THEREFORE BE IT RESOLVED, That the performance bond being held by the town clerk, in escrow, be and it hereby is, authorized to be released to Mr. Edward Stiles. Justice Fish reported that he had investigated the need for a light at the intersection of Lime Hollow Road and Forrest Dr. and recommended that a light be installed there, facing Forrest Dr.. Cost to the Town,per year, will be $53.75- RESOLUTION #162: _AMENDMENTS TO ORDINANCE GRANTING A FRANCHISE AND PERMIT FOR A COMMUNITY ANTENNA SYSTEM IN THE TOWN OF CORTLANDVILLE 1VC1URI.iAS, the Fodoral Communisations Commission and the New York Conunission on Cable Television have issued franchise standards which nuzst be incorporated. by amendment to the franchise ordinance of a cable television system; and, i%I-IEREAS, the legal, character, financial, technical and other qualifications of Sammons Communications, Inc. and the adequacy and feasibility of its plans for constructing and operating a cable system in the Town of Cortlandville have been considered and approved in a full public proceeding affording due process of which public notice was given, NOW THEREFORE, be it enacted by the Town Board of the Town of Cortlandville that the above referenced Ordinance adopted on Octo- ber 6, 1964, be amended by adding the following provisions, which comply with the franchise standards specified in Section 76.31 of the Rules of the Federal Commmmications Commission and in Part 595.1 of the Rules of the New York State Commission on Cable Tele- vision. Any provjisions of the franchise ordinance which are in- consistenfor in conflict with the terms of this amendment shall be null and void and of no further force and effect. 1) The cable system presently offers cable service through- out the municipality. The franchisee will abide by any -line ex- tension policy or changes in service requirements which may be adopted by the Federal Communications Commission and/or the New York State Commission on Cable Television. The.franchisee shall not abandon any service or portion thereof without the written consent of the municipality. 2) Town Board hereby grants to Company a non-exclusive fran- chise, right and privilege to operate,'modify, add to and maintain, in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Town of Cortlandville, poles, wires, cables, underground con- duits, manholes and other television conductors and fixtures nec- essary for the maintenance and operation of the System for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio pro- grams, and various communications and other electronic services to the public. This non-exclusive franchise shall terminate at the end of a period of ten years from the effective date of this amendment. Upon expiration of the franchise, it shall be subject to renewal upon the same terms and conditions as contained herein or upon such different terms and conditions as shall be consistent with the rules and regulations of the Federal Communications Commission and the New York State Commission on Cable Television. The terms of the franchise and any amendment thereto shall be subject to the approval of the New York State Commission on Cable Television. 3) All work involved in the construction, installation, main- tenance and repair of the cable system shall be performed in a safe, thorough, and reliable manner. Any municipal property damaged or 'destroyed through the fault of the franchisee, its agents or em- ployees shall be promptly repaired or replaced by the franchisee and restored to serviceable condition. 4) The franchisee shall during each year of operation'under this amended franchise, pay to the municipality three (3%) percent of the annual gross subscriber revenues received by the franchisee for service rendered to subscribers located within the municipality. However, such payments shall be reduced by the amount payable to the New York State Cable Commission pursuant to the provisions of Section 817 of the Executive Laws, of the State of New York, so that the fee provided for herein and the fee payable to said New York State Cable Commission, when added together, do not exceed the maximum amount permitted by applicable rules and regulations of the FCC or other federal laws, rules or regulations. At the time of this annual payment, the franchisee shall furnish the municipality with an annual report showing the franchisee's annual gross subscriber revenues during the preceding year and such other information as the municipality shall reasonably require with respect to properties and expenses related to the franchisee's services within the municipality for such period. 5) (a) The franchisee's initial rates for service rendered to subscribers pursuant to this amended franchise shall not exceed those set out in the rate schedule attached hereto as Exhibit "E" and made a part hereof. Rates for aspects of service other than those set forth in Exhibit 'B" shall be mutually agreed upon by municipality and the franchisee; provided, however, that should a mutual agreement pertaining to such rates not be reached within a reasonable time, which shall not exceed forty-five (45) days from the date negotiations are initiated, said rates shall be determined by the NYSCC. 0 7 LI (b) No increases in rates charged to subscribers shall be made except as authorized by the municipality after an appropriate public hearing affording due process, provided further that all rate increases shall fully comply with the rules and regulations of the NYSCC and FCC. 6) During the term of this amended franchise, the franchisee shall maintain a local business office or agent for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions, and similar matters. The prov- visions of this Section -shall be complied with if the franchisee provides a toll -free telephone line to.its business office in the local area for the purpose of receiving and acting upon subscriber inquiries and complaints. The local office shall be open to re- ceive inquiries or complaints from subscribers during normal busi- ness hours, the minimum office hours of wl-dch shall be from 9:00 A.M. to 5:00 P. M., Monday through Friday. Any complaints from subscribers shall be investigated and acted upon as soon as possible, but at least within three business days of their receipt. The fran- chisee shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint and the time and date thereof. This log shall be made available for periodic inspection by the muni- cipality. The franchisee shall provide notice to each of its sub- scribers, at intervals of not more than one year, of the procedure for reporting and resolving subscriber complaints. Such notice shall be written or by such other means as the New York State Com- mission on Cable Television may from time to time approve upon application by the franchisee. 7) (a) The franchisee shall pay, and by its acceptance of this amended franchise the franchisee expressly -agrees that it will indemnify the municipality for, and hold it harmless from, all li- ability, damage, cost or expense arising from claims of injury to persons or damage to property occasioned by reason of any conduct undertaken by franchisee pursuant to the amended franchise. The municipality shall notify the franchisee's representative within fifteen (15) days after the presentation of any claim or demand to the municipality, either by suit or otherwise, made against the municipality on account of any negligence or contract as aforesaid on the part of the franchisee. The franchisee further agrees as follows: (1) Francisee shall carry Workmen's Compensation insurance, with statutory limits, and Employers' Liability insurance with limits of not less than One Hundred Thousand ($100,000.00) Dollars, which shall cover all operations to be performed by franchisee pursuant to this Ordinance and amended franchise. (2) Franchisee shall carry Comprehensive General Liability and Comprehensive Automobile Liability insurance with bodily injury limits of not less than Three Hundred Thousand ($300,000.00) Dollars per occurrence, and property damage limits of not less than Three Hundred Thousand ($300,000.00) Dollars. (3) Franchisee's Workmen's Compensation, Comprehensive General Liability and Comprehensive Automobile Liability insur- ance shall be written by an insurance company with a capital and/or surplus of not less than $3,000,000.00,:and franchisee agrees to furnish municipality with certified copies of cer- tificates of insurance of said policies, which shall provide that insurance shall not be cancelled unless ten (10) days prior written notice shall first be given to municipality. (b) The franchisee shall comply with all the provisions of the Workmen's Compensation Law of New York. (c) Franchisee shall within thirty (30) days subsequent to the effective date of the amended franchise, post a performance bond with the municipality, written by an approved corporation surety in the amount of Five Thousand ($5,000.00) Dollars and in a form satisfactory to the municipality guaranteeing franchisee's continued operation :of the cable television system within the municipality, and franchisee shall well and truly observe, fulfill, and perform each term and con- dition of the bond; provided, however, that if the franchisee had posted a bond pursuant to the requirements of the franchise hereto- fore granted and said bond is in effect when the term of this amended franchise begins and is in a form and amount satisfactory to the municipality, such bond shall constitute full compliance with the requirements of this Section. All damages which may be directly occasioned by the failure of the amended franchise, up to the princi- pal amount of the bond, shall be recoverable from the principals and sureties of said bond by the municipality. (1) If franchisee should commit a minor breach of the amended franchise or of the rules and regulations of the New York State Commission on Cable Television and not remedy such breach within sixty (60) days after having received Yritten notice from the municipality to so do, then the municipality, at its discretion, may declare a portion of the bond equivalent to the amount of damages substained by the municipality which are directly attributable to such breach within sixty (60) days of such forfeiture replace the forfeited portion of the bond. Notwithstanding the foregoing, nothing contained in this paragraph shall serve to absolve franchisee of any of its obligations under the amended franchise or the rules and regulations of the New York State Commission on Cable Television and Federal L9 Communications Commission. (2) The franchisee shall pay all premiums chargeable for the bond and shall keep the same in full force and effect at all times throughout the term of the amended franchise and during the removal of all poles, wires, cables, underground conduits, manholes, and other conductors, equipment and fixtures subsequent to the termination of the amended franchise. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty (60) days after written notice to that effect is given to the Clerk or similar official of the municipality. 8) The franchisee shall keep pertinent books, records, maps, plans, financial statements, and other like materials relating to its investment and operation of the system which shall be available for inspection by the municipality upon•reasonable notice and during normal business hours. 9) The franchisee will not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed,. color, national origin or sex. 10) The franchisee shall file all necessary requests for oper- ating authorizations within sixty (60) days of the date of franchise award or any amendment thereto. 11) Administration of the amended franchise shall be conducted by and through the of the municipality. �i 12) The municipality reserves the right to adopt, in additon to the provisions contained in the amended franchise and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power; provided, however, that such regulations are reasonable and not materially in conflict with the rights and privileges granted to franchisee by the amended fran chise. 13) Consistent with the requirements of Section 76.31(a)(6) of the FCC Rules and Regulations, any modification of Section 76.31 resulting from an amendment thereto by the Federal Communications Commission shall to the extent applicable be considered as a part of the amended franchise as of the effective date of such amendment by the Federal Communications Commission and shall be incorporated in the amended franchise by specific amendments thereto by the lawful action of the municipality's governing body within one (1) year from.the effective date of the modification or upon renewal of the franchise, whichever occurs first. 14) If any section, subsection, sentence, clause, phrase or portion of this Ordinance and amended franchise granted thereunder is for any reason held invalid or unconstitutional by any Court or agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of either. 15) These amendments shall take effect immediately. 0 C2E Lcrr..,�l r IT� r Sy n S/,r' /J I, .!• ~ •/-- �� — _ I llll� Tc� N';kaay Cr­_ _��� J / 1 - .•_ ;.J - f I i SOO LESTe _ - 'rQ, Sw E E R vO OAU 90 -- _.. 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Counfy C�l I I DR., /n-F! -I L4�- , \ r c ---CCR i I Z 'R T 222 k -6 so s ... 121, r -�q ... OAKCRES7 POLKVILLE R C. ST-------------- 9' AY/ c- STAII P,;� WINKLE SLEEPY ,CLLC-," K XT. I G TERRACE ID 0 , F -X :-- m,�sons I:6r�er-y or �7�1 S, ScTVtiw 00, XT. u V DC CRF D L 01 C 0 E. HOLL RD UPKx AHREtJS ROAD 'p, scu" Ci-,*E- OLLO'N PHEASANT RUh 0 Q: Li Li 20 124 RIVE 121, SNELL �ILL GracieBENNIE ROAD E3Mgett Mills • z BLODGETTMILLS RD Ijc%-^E South Cortland Y ,vEST ROAD'; JG WM� 8 MILLS U. S Fish ti RD. i23 CA L LA 1;,Z,,? ........ P. -JAU E� �\\ tCpPO /1 — > 3000 12CL� !Ca, RD TkU_AO ROAD -- —---- --------- Oy < 'y T .-Itl Radio To—,. ,A, �1'2 -2, HOLLER Rlt— JENKINS PD.I -A 47 /In F CI. -�V s;i X /,�clu 1,! F, f w 171 A. INSTALLATION PRACTICES A.1 Standard Installation A standard installation consists of an aerial dr underground drop (riot exceeding 175 feet) from the utility pole to the customer's residence or commercial place of business. Standard underground drops are defined as those not requiring conduit or cutting of streets, side- walks, driveways or other paved areas. Material and labor for drops in excess of 175 feet, concealed wiring, and non-standard underground drops will be quoted, on request, at the Company's labor cost and material rates plus 10% for local overhead costs. A.2 Installation Scheduling The Company will use the most efficient means available to affect the maximum number of installations requested as the segments are energized. On occasion the Company will employ the use of subcontrac- tors to assist Company personnel with installations. A.3 Emergency 1%1enever service to existing customers is disrupted due to acci- dents, storms, and/or Acts of God, etc., installation work may be postponed until service is restored to normal. A.4 ' 'Prof ect "Peeuiring Residential preiviring, when requested by the.owner/builder will be installed on a timely basis at the standard installation rate, provided the drop material -required does not exceed the aforementioned 175 feet. I1Iiere additional material and engineering is necessary, the Company reserves the right to -provide the design and supply material and labor a ,labor cost and material rates plus 100. EXHIBIT "B" A.S Commercial Installations, Hotel Motel Places of Public Gatherin reti�}iring . When prewiring is requested by an owner/builder of a multiple outlet building, the Company will determine and/or approve the method and means whereby prewiring may be completed. The Company will provide the engineering design and the materials required at its cost therefor plus 10%. The owner/builder will be responsible for installing the material in accordance with the specifications provided by the Company. If owner/builder requests the Company to provide the prewiring, the Company, given sufficient notice, will arrange to do the work involved at its labor cost and material rates plus 100. B. INSTALLATIONS FEES The Company shall make charges in accordance with the schedule of charges set forth in this Section B for installation of the equipment necessary to render its services. In addition, the Company may require a deposit of up to $15 on each converter which is placed in the customer's premises at his or her request for use with either a primary or an addi- tional outlet. B.1''Residential-Installations The fDillo-v,nng installation rates apply to single family dwelling units and individual apartments/flats within multiple dwelling structures. Primary Outlet Standard Installation- Overhead $15.00 First Additional Outlet $ 7,:50 Underground Installation $25.00 B.l.a Mien one or more additional outlets are installed at the same time as the primary outlet, only the highest single charge will be made. '2_ 1 B.2 Other Installations B.2.a. The following installation rates apply to facilities placed in commercial establishments. (Restaurants, Taverns, Clubs, Cafes, Retail Stores and other such Public Gathering Locations) Primary Outlet Installation $15.00 Additional Outlets, Each] $ 7.50 Underground Installation $25.00 The above installation rates apply for standard instal- lation. Material and labor for drops in excess of 175 feet, con- cealed wiring, and non-standard underground drops will be quoted, on request, at the Company's labor cost and material rates plus 10%.. B.2.b The following installation rates apply to facilities placed in Hotels, Motels, Rest Homes, Nursing Homes, Hospitals and similar institutions. Primary Outlet Installation Additional Outlets, Each Underground Installation B.3 Public and Parochial Schools Coll tores in t e sines o J Selling $12.00 $ 6.00 $20.00 s, MhInicipal Buildings and Repairing l'1-Receivers Installation at public and parochial schools, colleges, municipal buildings and retail stores in the business of selling or repairing TV receivers will be provided,on request, without charge, to a single point of entrance to the building or complex of buildings located in one geographic.area. Interior cabling and exterior distribution within a complex of buildings in a geographic area shall be provided on request at the Company's labor cost and material rates plus 10%. Should the school or municipal building desire to provide its oi,u exterior/interior distribution, the Company will render technical -3- assistance without charge. Such installations are subject to inspec- tion and approval of the Company. B.4 Company Employees Company employees will be provided with free installation. C. MONTI-ILY SERVICE CHARGES The service provided by the Company is defined as multi -channel tele- vision service and multi -station FM service, provided that either of these services may be described hereinafter as an 'outlet". Service will be provided at the rates specified below: C;.1 Residential Dcaellings Rate applies to single family dwelling units and individual apartment/flats within multiple dwelling structures. Primary Outlet, Monthly $6.00 Additional Outlets, Monthly each $1.50 C.2 Commercial Rates Restaurants, Taverns, Clubs, Cafes, Retail Stores, and other such Public Gathering locations are considered commercial. The following rates shall apply for these and other like business establishments. Primary Outlet, Monthly $6.00 Additional Outle S. Monthly each $1.50 C.3 Certain Institutional Rates The following rates apply to Rest.Homes, Nursing Homes, Conva- lescent Homes, Hospitals and similar institutions: Primary Outlet, Monthly !$6.00 Additional Outlets, Monthly each $1.50 ME 11 1 1 C.4 Hotels L Motels The monthly rate for the above are as follows: Each Outlet, Monthly $1.50 C.5 Public and Parochial Schools, Colleges, Municipal Buildings and Retail Stores in the Business of Selling or Repairing TV Receivers On request, the Company will provide one (1) outlet free of charge to each of the above. Additonal Outlets, Monthly Each $1.50 C:6 Company Employees Employees of the Company living in the cabled areas will be pro- vided with cable service free of charge in return for their agreement to undertake the following: (1) the employees shall monitor the system periodically and shall report their findings to the Company as directed and (2) test of services, not offered to the general public, for experi- mental purposes,, will be made in the homes of Company employees upon the request of the Company. D . MI ER CHARGES D.1 Transfers When a current customer moves from one address within the fran- chised area to asecond address within the franchised area and there i . is no lapse in,s6rvice,-a transfer charge of $10.00 will be made. D.2 Reconnects Customers wishing restoration of service shall first satisfy any previous obligations owed. A reconnect charge of $10.00-shall'be paid by the customer. D.3' Relocation or Extension of Cable When a current customer requests that an extension or relocation to his cable be made, the charge will be $10.00. 0 r D.4 Charge for Damage Caused by Customer Service requests for maintenance or repair of cable facilities are performed at no charge unless such maintenance or repair is re- quired as a result of damage caused by the customer, in which event repairs will be charged to customer at our cost or $10,00, whichever is greater. E. BILLING PROCEDURES E.1 Minimum Payment All regularly recurring charges are payable, in advance, for at least one month. E.2 During periods of promotions certain installation charges may be waived. During these periods of promotions, the transfers and reconnect charges may be adjusted to the prevailing installation charge. -6- C; 9 Wednesday, November 19, 1975 Pg. 3 RESOLUTION #164: AUTHORIZATION TO INSTALL A STREET LIGHT AT THE INTERSECTION OF LIME HOLLOW ROAD & FORREST DR. Upon motion of Justice Eaton, seconded by Councilman, Griswold, all voting aye and adopted. RESOLVED, That one, 175 watt mercury street light be installed on the existing pole at the intersection of Lime Hollow Rd. & Forrest Dr. RESOLUTION #165: SETTING DATE FOR HEARING REGARDING APPLICATION FOR FUNDING UNDER THE COMMUNITY DEVELOPMENT ACT OF 1974 Upon motion of Councilman Miller, seconded by Justice Eaton, all voting ® aye and adopted. RESOLVED, That the Town Board of the Town of Cortlandville hold a public hearing on Wednesday December 3, 1975 at 4.:00 p.m. and at 7:30 p.m. on the matter of funding under the Community Development Act of 1974. RESOLUTION #166: SETTING DATE OF PUBLIC HEARING IN THE MATTER OF THE APPLICATION OF CORTLAND CO-OPERATIVE INSURANCE CO.'S REQUEST FOR A ZONING CHANGE Upon motion of Justice Eaton, seconded by Councilman, Miller, all voting aye and adopted. RESOLVED, That the Town Board of the Town of Cortlandville hold a public hearing on Wednesday, December 3, 1975 at 8:00 p.m. in the matter of the application of Cortland Co-operative Insurance Company to amend the zoning ordinance and the zoning map to change the use classification of certain property�sitiaate on the south side of Blodgett Mills Rd. in the Hamlet of Blodgett Mills, from residential to business. Supervisor Blatchley requested the Town Board's authorization for him to negotiate with the Village of Homer regarding the sewer hook-up to the T & M Diner on Route 11. A tentative service cost to the diner, he said, would be $350, to '$4.00. This will be billed by the Village of Homer to the Town of Cortlandville and the town, in turn, will bill Mr. Redfield, proprietor of the diner. Attorney, Gardner advised that there should be a contract between the Village of Homer and the Town of Cortlandville and another contract with T & M Diner and the Town of Cortlandville. RESOLUTION #167: AUTHORIZATION FOR SUPERVISOR TO NEGOTIATE WITH THE VILLAGE OF HOMER REGARDING T & M DINER SEWER HOOK-UP Upon motion of Justice Eaton, seconded by Justice Fish, all voting aye and adopted. BE IT RESOLVED, That the Supervisor be, and he hereby is, empowered to negotiate on behalf of the Town of Cortlandville, with the Village of Homer regarding the T & M Diner Sewer Hook-up. ® a Supervisor Blatchley said he had received a/iMeorffrom Attorney John Ryan which Mr. Ryan had written to the Erie Lackawanna Railroad requesting an easement on the Erie Lackawanna Railroad right of way so that the stream bed in McGraw could be cleaned up. Supervisor Blatchley read a letter he had received from Attorney John Ryan, Attorney for the Village of McGraw, stating that he h:ad been contacted by Constance Potter, who has power of attorney for Betty Gramstead, in regards to the easements given to the Village of McGraw. Her concern was that the sidewalk in front of the Gramstead property would not be repaired. After some discussion, it was decided that all sidewalks which had been removed or damaged during the installation of the Center St. bridge will be re -installed or repaired sometime next spring,.after extent of damage and cost estimates have been established. 5® Wednesday, November 19, 1975 pg. 4 Supervisor Blatchley reported that Mr. Warren Eddy of Cortland Free Library requested that, if possible, he would like the library appropriation paid in one lump sum in February rather than quarterly payments. Mr. Blatchley advised -that if the payment was made in February, as requested, the town would lose $337.50 in interest. After some discussion, it was determined that the payments be made quarterly as has been the policy of the town in the past. RESOLUTION #168: AUTHORIZATION TO SIGN CONTRACT WITH LAMONT MEMORIAL LIBRARY FOR THE YEAR 1976 Upon motion of Justice Eaton, seconded by Justice Fish, all voting aye and adopted. RESOLVED THAT the Supervisor be, and he hereby is, authorized to sign a contract with the Lamont Memorial Library for the year 1976, in the amount of $2500. RESOLUTION #169: AUTHORIZATION TO SIGN CONTRACT WITH CORTLAND FREE LIBRARY FOR THE YEAR 1976 Upon motion of Justice Fish, seconded by Councilman Griswold, all voting aye and adopted. RESOLVED, That the Supervisor be, and he hereby is, authorized to sign a contract with the Cortland Free Library for the year 1976 in the amount of $15,000. Supervisor Blatchley advised that the Cortland County Health Dept. will issue a conditional health dept. permit to Robert Bean to operate his trailer park for the remainder of the year so that the town can, in turn, issue a permit to Mr. Bean for the year 1975, Mr. Bean is to issue a new check to replace the outdated check now being held by the Town Clerk. Mr. Rowell asked the board what their decision was regarding the Groton Ave. Sewer District after reading the report he had submitted to them at the last meeting. Mr. Rowell said it was pertinent to expedite the formation of the sewer district so that properties in the district could hook up to the trunk line sewer which will be installed on Groton Ave. and so that the trunk line can qualify as an inter municipal sewer. RESOLUTION #170: AUTHORIZATION TO PROCEED WITH NEGOTIATIONS TO FORM SEWER DISTRICT #2 Upon motion of Councilman Griswold, seconded by Justice Eaton, all voting aye and adopted. BE IT RESOLVED, That the Supervisor, the Town Attorney, and the Town Engineer be, and they hereby are, authorized to negotiate with the property owners as shown on the �roposed Sewer District #2 map made by Rowell & Associates, dated 1115/75 and file1with the town clerk 11A 9/75- There being no further business, upon motion of Justice Fish, seconded by Justice Eaton, all voting aye, the meeting was adjourned at 9:37 p.m.. Respectfully submitted CHRISTINE CANESTARO TOWN CLERK I :7 •