HomeMy WebLinkAbout08-04-1999102
AUGUST 04, 1999
7:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at
the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe
presiding.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush;
Town Residents, Nick Renzi, Tom Huttleston, Debbie Dintino and Joe Balas.
Supervisor Thorpe called the meeting to order.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers # 345 -
362
$
9,894.10
General Fund B
90 -
96
$
4,787.90
Highway Fund DA
52
- 61
$
16,057.23
Highway Fund DB
299
- 315
$
37,748.44
Water Fund
177
- 187
$125,751.99
Sewer Fund
94
- 99
$
28,137.26
Capital Projects
41 -
45
$
197.11
Supervisor Thorpe stated Councilman Pilato is out of town on a business meeting
and will be unable to attend tonight's meeting.
Supervisor Thorpe offered privilege of the floor to town resident, Joe Balas.
Joe Balas of 26 Abdallah Ave, expressed concern regarding excessive noise within
his neighborhood. He cited numerous incidents of loud late night noise including a
neighbor working on their home at night. Mr. Balas was asking if the town had a noise
ordinance and if not could one be put into place.
Supervisor Thorpe drew a diagram and explained the area Mr. Balas was referring
to. He stated no other neighbor had complained of this property.
Supervisor Thorpe suggested, if other neighbors are bothered by the noise, Mr.
Balas should circulate a petition and submit it to the Board.
A discussion was held with the Board and Mr. Balas concerning noise and possible
solutions.
Attorney Folmer explained the difficulty in drafting and enforcing a noise
ordinance. He also spoke of a possible restriction of time that construction would be
permitted. That raises the problem of limiting a persons ability to work on their own
home.
Mr. Balas stated he will circulate a petition from his neighbors and submit to the
Town Board.
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Supervisor Thorpe offered privilege of the floor to Nick Renzi.
Nick Renzi of 1149 Davinci Drive, inquired into the status of litigation concerning
the Raphael Drive water lines.
Attorney Folmer explained Judge Dowd was asked to hold his determination until
August 16th, 1999 in hopes of a resolution between parties.
Mr. Renzi and Attorney Folmer discussed the possible purchase offers on two lots
on Raphael Drive.
Supervisor Thorpe offered privilege of the floor to Debbie Dintino.
Debbie Dintino of 35 Abdallah Ave. apprised the Board that she is the property
owner Mr. Balas was referring to. Adding her home on Abdallah Ave. had a bad fire a
few months ago. The garage was totally destroyed also attacking the south side of the
home. She stated both she and her husband work full time and are doing the work in the
evening themselves.
She indicated Mr. Balas made a complaint directly to her and her husband about
them working late on their house.
Councilman Testa inquired to the length of time they will need to finish their house.
Mrs. Dintino stated they should finish the exterior construction in two weeks. Then
the home will need to be resided. There is still interior work to be completed.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file a report pertaining to the Cortland Free Library's annual report for the year 1998.
All voting aye, the motion was carried.
The monthly report for August 1999 for the Town Clerk is on the table for review
and filed in the Town Clerk's office.
Councilman Testa had received a letter from a family within Bell Dr. Supervisor
Thorpe read aloud the letter to those in attendance. The letter was in regards to a deaf child
sign and a speed limit within Bell Dr.
RESOLUTION #137 APPROVE REQUEST FOR INSTALLATION OF
A "DEAF CHILD" SIGN ON BELL DRIVE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from new property owners who reside on Bell Drive,
and
WHEREAS, the request was for the installation of a sign denoting a deaf child area on Bell
Drive, therefore
BE IT RESOLVED, the Town Board does hereby approve the request to install a "Deaf
Child" sign on Bell Drive.
RESOLUTION #138 AUTHORIZE REQUEST TO ESTABLISH
SPEED LIMIT FOR BELL DRIVE AND
FOR -WARD TO SYS DOT FOR APPROYAL
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received to establish a 30 mph speed limit on Bell Drive, a
road within the Town, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct this request be sent
to NYS D.O.T. for approval, via the County Highway Supt. for their input, as required.
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AUGUST 04, 1999 TOWN BOARD MEETING
PAGE 3
RECESSED PUBLIC HEARING FROM JULY,21, 1999 FOR A ZONE CHANGE
Attorney Folmer suggested delaying the recessed Public Hearing for a Zone
Change, to the end of the Board meeting to allow the applicant, Carl Staley, an opportunity
to arrive.
Attorney Folmer continued, when a Public Hearing is scheduled and held, the
applicant should be , in attendance in case of questions from the Board. Mr. Staley was
informed of the time- and date for his Public Hearing. Attorney Folmer agreed to write a
letter to Mr. Staley informing him the Public Hearing for his Zone Change request, has
been post-poned twice. If this request is to be considered, Mr. Staley should be present at
the next Board meeting.
RESOLUTION #139 ACKNOWLEDGE RECEIVING "NOTICE OF PETITIONS"
FOR REVIEW OF ASSESSMENTS
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, The Town Board does hereby acknowledge, by receiving and filing,
the "Notice of Petition's", regarding their current assessments from the following:
Bestway Enterprises, Inc.
Monroe Mufflers
J.Lee Ambrose
Attorney Folmer reported:
Tax Map# 95-00.05-09.000
86.13-01751.000
76.00-05-04.000
Knox Box System:
Attorney Folmer has received several suggestions for an amendment to the zoning
law for the installation of the Knox Box system. He suggested amending the law to include
that no building permit, for a commercial building, be issued without a Knox Box system.
This would pertain to new construction only.
A discussion was held concerning the amendment including multi -dwellings and
commercial buildings.
Attorney Folmer will speak with CEO, Bruce Weber, and have a draft of a law for
the Board's review at the next meeting.
NY Railroad Corp:
Attorney Folmer sent to the Railroad a survey and stated he would send another
copy of the deed if .,necessary. There is no problem with the conveyance of the deed but
the parties involved have been very busy.
Time Warner Cable:
Attorney Folmer apprised the Board of Time Warner looking for approval to
change the major cable franchise owner from TW Fanch-one to Time Warner. Change of
ownership structure is subject to FCC approval.
Attorney Folmer also made available, Time Warner's annual report for the Board to
review.
RESOLUTION #140 RESOLUTION OF THE COUNCIL OF THE TOWN
OF CORTLANDVILLE, NEW YORK, APPROVING
THE CHANGE IN CONTROL OF THE CABLE
COMMUNICATIONS FRANCHISE
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, TWFanch-one Co., a general partnership ("TWF"), is the duly authorized
holder of a franchise, as amended to date (the "Franchise"), authorizing TWF to serve the
Town of Cortlandville, New York (the "Franchise Authority") and to operate and maintain
a cable television system; and
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AUGUST 04,1999 TOWN BOARD MEETING PAGE 4
WHEREAS, the partners of TWF are Time Warner Entertainment Company, L.P.
("TWE"), Time Warner Cable Holdings Inc., a wholly -owned subsidiary of TWE
(together with TWE, the "Time Warner Partners"), Fanch Cablevision of Indiana, L.P. and
Hornell Television Service, Inc. (together, the "Fanch Partners"); and
WHEREAS, the partners of TWF have entered into a Redemption and Distribution
Agreement (the "Agreement"), whereby TWF has agreed to redeem the interests of the
Fanch Partners in TWF, pursuant to which control of TWF will change from the Fanch
Partners to the Time Warner Partners (the "Change in Control"). The Time Warner
Partners will, after such redemption, own 100% of TWF. TWF will continue to be the
authorized holder of the Franchise. The Change in Control is subject to the approval of the
Franchise Authority; and
WHEREAS, to the extent the Franchise requires, TWF now seeks approval of the Change
in Control and has filed an FCC Form 394 with the Franchise Authority with respect
thereto; and
WHEREAS, the Franchise Authority has investigated the qualifications of TWE and finds
it to be a suitable transferee of control of TWE, now therefore
BE IT RESOLVED by the Franchise Authority as follows:
1. The Franchise Authority hereby consents to and approves the Change in Control, to the
extent such consent is required by the terms of the Franchise or applicable law.
2. The foregoing consent to the Change in Control shall be effective upon the date upon
which the Fanch Partners' interest in TWF is redeemed by TWF. Notice of such date shall
be given to the Franchise Authority.
3. This Resolution shall have the force of a continuing agreement with TWF, and the
Franchise Authority shall not amend or otherwise alter this Resolution without the consent
of TWF.
Councilman Rocco, made a motion, seconded by Councilman O'Donnell, to receive
and file a letter from Country Music Association advising of their intent to renew their
liquor license at Country Music Park, NYS Route 13, Cortland, New York. All voting aye,
the motion was carried.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to
be paid directly all of its share of county sales taxes which would otherwise be applied to
reduce the county taxes levied upon real property in the Town of Cortlandville, and be it
further
RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective
commencing with the calendar year 2000, and it is further
RESOLVED, that the Cordandville 'Town Clerk shall forward a certified copy of this
Resolution to the Cortland County Treasurer and the Cortland County Director of Real
Property Tax Services by registered or certified mail before September 01, 1999.
Town Attorney Folmer was given privilege of the floor.
Attorney Folmer reviewed past problems with Aquifer Permit applications. Their
being approved by all the necessary Boards. Then the applicants are having trouble with
Soil and Water Conservation Department finalizing the procedure.
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AUGUST 04, 1999 TOWN BOARD MEETING PAGE 5
Attorney Folmer and Supervisor Thorpe spoke with CEO Bruce Weber recently.
Mr. Weber informed them that the developers are made aware of the Soil and Water
Conservation requirements and most developers prefer to wait until after approval of the
permit before starting the Storm Water Pollution application, as it may be expensive. CEO
Weber recommended leaving the current order of procedures in place.
A discussion was held concerning the amount of time the procedure for an Aquifer
Permit approval requires.
Attorney Folmer stated, "no one wants to see delays but practical considerations are
needed."
Supervisor Thorpe commented, "due to Soil and Water Conservation, we have had
success in making sure blacktop doesn't prevent recharge of the aquifer."
Mr. Balas inquired about a small car dealership with only a gravel driveway and
protecting the aquifer from oil leakage.
Attorney Folmer stated the zoning law regulates where these businesses can be
located. There are EPA and DEC requirements. Enforcement agencies can inspect and
enforce that discharges do not take place.
Attorney Folmer referred to problems with the Soil and Water Conservation's
Stormwater Prevention Plan. He recommended part of the resolution for referral to the
Town and County Planning Boards include Soil and Water be reviewed.
RESOLUTION #142 REFER AQUIFER PERMIT APPLICATION
OF BENDERSON DEVELOPMENT TO TOWN
AND COUNTY PLANNING BOARDS FOR THEIR
REVIEW AND RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Special Permit application submitted by Benderson
Development, for property located at Route 281, adjacent to the existing Super Tops, tax
map #'s 86.17-01-06, 07.100 & 86.13-01-65.100, shall be referred to the Town and County
Planning Boards for their review and recommendations, and it is further
RESOLVED, the Town Board does hereby request consideration be given to the input
from Cortland County Soil & Water Conservation Department.
RESOLUTION #143 REFER AQUIFER PERMIT APPLICATION OF
WEGMAN COMPANIES, INC. TO TOWN AND COUNTY
PLANNING BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Special Permit application submitted by Wegman
Companies, for property located at NYS Route 13 and Bennie Road, tax map #105.00-01-
22.200, shall be referred to the Town and County Planning Boards for their review and
recommendations, and it is further
RESOLVED, the Town Board does hereby request consideration be given to the input
from Cortland County Soil & Water Conservation Department.
Councilman ,Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file a letter dated July 19, 1999 from Attorneys Riehlman, Shafer and Shafer to Town
Attorney, John Folmer. All voting aye, the motion was carried.
The letter was in reference to the NYS DOT project to widen NYS Route 281 and
their clients concerns.
AUGUST 04, 1999
TOWN BOARD MEETING
PAGE 6 107
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Attorney Folmer distributed a list of files he would like to close and requests the
Board review for their input.
A discussion was held concerning the absence of Carl Staley for the recessed Public
Hearing of his Zone Change request.
It was decided to leave the Public Hearing in recess until the next Board meeting of
August 18, 1999. Attorney Folmer will forward a letter to Mr. Staley as previously stated
in this meeting.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn
the regular meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
faren Q. Snyder
Town Clerk
Town of Cortlandville