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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. 1 f: 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. 104 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 1 n 105 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. 106 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 1 1 Ll 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