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.
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(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.
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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_
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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
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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
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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
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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.
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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.
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C;
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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.
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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
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