HomeMy WebLinkAbout07-19-2000JULY 19, 2000
PUBLIC HEARING NO. 1
!1 u
LOCAL LAW - 2000
ZONE CHANGE
CARL J. STALEY
3876 NYS ROUTE 11
TAX -MAP #87.00-02-05.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New York, concerning an zone change
application, amending the Zoning Law of the Town of Cortlandville to reclassify and
redesignate tax map parcel #87.00-02-05.000 located at 3876 Route 11 consisting of .48
acres ± from industrial to business.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin'O'Donnell
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't. Peter Alteri; Town Planning Board members, Chairperson Katherine
Wickwire & Nick Renzi; Suit-Kote Corp. Frank Suits & Dick Schutz, Attorney Kevin
Bernstein with Bond, Schoneck & King; Walter Priest, CEO of Commons Ave. Imagining;
John Gustafson of Lime Hollow Nature Center; Town Residents, Dick Crozier, Dr. Lee
Ambrose, Russ White, John Bishop, Lydia Ferro; and News Reporter, Chris Nolan.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published, posted and filed.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Attorney Folmer stated that, as part of the Public Hearing record, the Board
received a letter from Carl Staley dated April 5, 2000 requesting the zone change. The
Board has also received a zoning referral form regarding the zone change application.
Town Clerk, Karen Snyder, stated recommendations in an index form have been
received from the Town Planning Board. The Planning Board recommended the Town
Board approve the request and act as Lead Agent. The Cortland County Planning Board
recommended approval subject to a negative declaration.
No further comments or discussions were heard.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:05 p.m.
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JULY 19, 2000
5:05 P.M.
PUBLIC HEARING NO. 2
LOCAL LAW - 2000
ZONE CHANGE
J. LEE AMBROSE
KINNEY GULF ROAD
TAX MAP #86.13-01-14.100
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New York, concerning a zone change
application amending the Zoning Law of the Town of Cortlandville to reclassify and
redesignate tax map parcel #86.13-01-14.100 located on the north side of Kinney Gulf
Road immediately behind premises of the Rusty Nail Restaurant and consisting of 7.5 acres
from residential to business.
Members present:
A Ls n
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't. Peter Alteri; Town Planning Board members, Chairperson Katherine
Wickwire & Nick Renzi; Suit-Kote Corp. Frank Suits & Dick Schutz, Attorney Kevin
Bernstein with Bond, Schoneck & King; Walter Priest, CEO of Commons Ave. Imagining;
John Gustafson of Lime Hollow Nature Center; Town Residents, Dick Crozier, Dr. Lee
Ambrose, Russ White, John Bishop, Lydia Ferro; and News Reporter, Chris Nolan.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published, posted and filed.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Dr. J. Lee Ambrose explained his proposed zone change request..
Supervisor Thorpe stated the Cortland County Planning Board recommended
approval of the zone change application subject to conditions. Supervisor Thorpe read
aloud the County Planning Board recommendations. The 7.5 acres be sub -divided along
the proposed zone change boundary, which would entail 3.5 acres of land and a negative
declaration of environmental impact under SEQRA be determined. The Town Planning
Board also recommended approval subject to the same conditions.
Walter Priest, CEO of Commons Ave. Imagining, stated their support of the
proposed zone change.
Attorney Folmer stated in the past, concern was expressed regarding access from
Commons Ave. to Kinney Gulf Road. Attorney Folmer requested, for the record, Dr.
Ambrose state it is not the intention, nor is it possible, to include a north -south access from
Commons Ave. to Kinney Gulf Road.
Dr. Ambrose stated an access is not intended from the parcel being rezoned.
No further comments or discussions were heard.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:14 p.m.
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July 19, 2000 5:45 P.M.
PUBLIC HEARING NO. 3
AQUIFER PROTECTION PERMIT
SUIT-KOTE CORPORATION
TAX MAP #S 87.00-02-16.120, 87.00-03-2 1. 100,
97.00-01-04.000,97.00-01-06.000, 97.00-01-31.000, 97.00-01-60.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection
Permit, permitting the expansion of the applicant's presently existing mining operation
South and West of US Route 11, West of intersection NYS Route 41 and US Route 11
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't. Peter Alteri; Town Planning Board members, Chairperson Katherine
Wickwire & Nick Renzi; Suit-Kote Corp. Frank Suits & Dick Schutz, Attorney Kevin
Bernstein with Bond, Schoneck & King; Walter Priest, CEO of Commons Ave. Imagining;
John Gustafson of Lime Hollow Nature Center; Town Residents, Dick Crozier, Dr. Lee
Ambrose, Russ White, John Bishop, Lydia Ferro; and News Reporter, Chris Nolan.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published; posted and filed.
Attorney Folmer stated this hearing is for an Aquifer Protection Permit and does not
pertain to Suit-Kote Corp.'s mining permit. Any discussion should be limited to the effects
on the Aquifer itself. The Board is not required to do a SEQRA review, as the NYS DEC
is Lead Agency and have issued a negative declaration with regard to SEQRA.
Attorney Folmer recommended upon completion of the Aquifer Protection Permit
Public Hearing, the Board table any further action until a recommendation is received from
the Town Planning Board. State law preempts local control and the mining permit is to be
issued by the NYS DEC. If the mining permit is denied, the Board will not need to act on
the Aquifer Permit. If the mining permit is issued the Board needs to know what
conditions are included in the mining permit that may have an affect on the Aquifer permit.
Documentation provided by Suit-Kote Corp. dated July 13, 2000 received by the
Town Board members, Town Clerk and Town Attorney should be part of the Public
Hearing record. Attorney Folmer stated the letter Supervisor Thorpe forwarded to the
NYS DEC in regards to Suit-Kote Corp.'s mining permit and DEC's response should also
be part of the record.
Supervisor Thorpe offered privilege of the floor to Richard Schutz.
Dick Schutz, Suit-Kote Corp.'s operational manager demonstrated maps of the areas
effected by their Aquifer Protection Permit application. Mr. Schutz explained the mining
site and the proposed 60.88-acre parcel for expansion in the flood plan area.
Mr. Schutz explained the reclamation map. Demonstrating a variable 25-50 foot
boundary.
A discussion was held concerning any opposition to Suit-Kote's proposed mining
operation.
Attorney f or Suit-Kote, Kevin Bernstein, stated of the residents on the north
boundary only Mr. Buck requested the set back be 50' instead of 25'. No negative
response was received from property owners Law or Sovocool.
Questions were raised concerning the depth to the aquifer and the possibility of a
buffer between the mining and the aquifer.
Mr. Schutz stated there would be no buffer. As minerals are a limited resource, a
buffer would impact the life of the mine. No percentage of loss to the mining operation has
been calculated if a buffer was present.
JULY 19, 2000 PUBLIC HEARING PAGE 2
Planning Board member, Nick Renzi, questioned the possibility of erosion after
several years.
Mr. Schutz stated with the information gathered and established by NYS DEC and
CNE there is no water flow or movement, therefore normal erosion will not happen.
Attorney Bernstein stated the Aquifer Protection Permit application has been a
lengthy process. As Lead Agency the NYS DEC declared Suit-Kote's continuous mining
would have no adverse affect on the aquifer. Suit-Kote can not mine without DEC permits.
Attorney Bernstein stated the Cortland County Planning Board made their
recommendations on June 21, 2000. The Town Planning Board met on June 27, 2000 and
no action was taken. He requested the Board take action tonight on Suit-Kote Corp.'s
Aquifer Protection Permit application before the Town Planning Board makes their
recommendations which usually is the same as the County's.
Attorney Folmer stated the Town Board's past practice is to wait for
recommendations from the Town Planning Board. To take action without their
recommendations would be insulting to the Planning Board. This project requires a close
look before approval is granted.
Attorney Bernstein responded, only the Aquifer Protection Permit application is in
question tonight.
Mr. Schutz explained Suit-Kote's response to questions concerning the aquifer is
answered in the informational packet received by the Board.
Mr. Schutz continued, Suit-Kote Corp. has addressed NYS DEC's required
reclamation request.
A discussion was held concerning Suit-Kote's reclamation plan.
No further comments or discussions were heard.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 6:16 p.m.
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JULY 19, 2000 5:14 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, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't. Peter Alteri; Town Planning Board members, Chairperson Katherine
Wickwire & Nick Renzi; Suit-Kote Corp. Frank Suits & Dick Schutz, Attorney Kevin
Bernstein with Bond, Schoneck & King; Walter Priest, CEO of Commons Ave. Imagining;
John Gustafson of Lime Hollow Nature Center; Town Residents, Dick Crozier, Dr. Lee
Ambrose, Russ White, John Bishop, Lydia Ferro; and News Reporter, Chris Nolan.
Councilman Pilato made a motion, seconded by Councilman Testa, to approve the
Town Board Minutes of .May 17, 2000 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive
and file Town Planning Board Minutes of April 25, 2000. All voting aye, the motion was
carried.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A Vouchers #358 - 390 $36,338.99
General Fund B 82 - 92 $34,061.36
Highway Fund DB 243 - 266 $44,235.17
Water Fund 179 - 194 $22,175.69
Sewer Fund 105 -.114 $22,662.42
Capital Projects 41 $ 480.00
HR 1 $12,389.05
Supervisor Thorpe offered privilege of the floor to John Gustafson.
John Gustafson from the Lime Hollow Nature Center, stated three years ago the
Board endorsed by resolution, the Lime Hollow Nature Center's.. application, to purchase
land in the Town of Cortlandville. The land was purchased with a grant from the State of
New York Office of Recreation and Historic Preservations. : The second phase is the
construction of the nature center. The building will be constructed by the Oneida Indians
and brought to the Lime Hollow site.
The Lime Hollow Nature Center, Inc. is again requesting endorsement by the
Board, in resolution form, to apply for another grant from New York State to fund the
construction.
The new building, over looking the pond, will be approximately,75ft.. long with a
full walkout basement. A meeting room will be available for public use.
Mr. Gustafson supplied the Board with a copy of a resolution for the endorsement
for the Lime Hollow Nature Center grant application. Also supplied was a pamphlet of the
proposed building.
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JULY 19, 2000
TOWN BOARD MEETING
Supervisor Thorpe offered privilege of the floor to G. Richard Crozier.
PAGE 2
Mr. Crozier stated he had two areas of concern, the change of name Tompkins
Street to State Route 13 and the four digit fire numbers. He expressed his confusion and
opposition to the use of 1153 State Route 13 instead of 242 Tompkins Street for his
address. Mr. Crozier spoke several years ago with Dan Dineen, from the Cortland County
Planning Department, regarding these concerns. Mr. Dineen stated Tompkins Street has
always been State Route 13. Mr. Crozier went on to explain various inconsistencies with
the 911 numbers.
Mr. Crozier stated the Town could petition the State to change a section of State
Route 13 back to Tompkins Street.
Water and Sewer Sup't., Peter Alteri, expressed the difficulty emergency services
have locating residences without the 911 numbers. Mr. Alteri used the Lamont Circle area
as an example. The main goal is to expedite emergency help. Mr. Alteri stated if everyone
used the standardized 911 numbers it would benefit the community.
A discussion was held concerning a compromise without changing addresses for
everyone.
Supervisor Thorpe will contact Dan Dineen to request retention of the name
Tompkins Street.
Mr. Crozier stated the businesses he has spoken to prefer the name of Tompkins
Street to State Route 13.
Supervisor Thorpe reminded the Board of the agreement the Town, City of
Cortland and Gutchess Lumber Co. entered into with CNS consulting firm to examine the
flooding of Otter Creek. Supervisor Thorpe apprised the Board of his meeting with
Amanda Barber of Soil & Water Conservation, a representative from Gutchess Lumber
and two representatives from CNS Consulting. The McLean Road culvert can only handle
50 cubic feet of water per minute compared to the culverts upstream that can handle 100
cubic feet. Ms. Barber will be speaking with the County Highway Department concerning
the possibility of enlarging the McLean Road culvert.
Monthly reports for the Supervisor, Justice and SPCA for June 2000 and the 3'
quarter Water and Sewer Report, are on the table for review and filed in the Town Clerk's
office.
Councilman Testa apprised Supervisor Thorpe of correspondence with the NYS
DOT requesting a meeting regarding the speed limit on McLean Road.
Lydia Ferro of 710 McLean Road, announced to the Board she and several
residents within the area would meet with Barry Stevens of the NYS DOT at her home next
Wednesday July 26' at 5:00 p.m.
Town Clerk, Karen Snyder, apprised the Board of the "History of Cortlandville"
pamphlets approved two years ago, have gone to print. Mrs. Snyder distributed samples
of the pamphlet and stated she will inform the Board when they are ready.
RESOLUTION #140 DECLARE NEGATIVE IMPACT FOR ZONE
CHANGE REQUEST FOR CARL J. STALEY
FOR PROPERTY LOCATED AT 3876 ROUTE 11
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, a Zone Change request was submitted by Carl J. Staley for property located
at 3876 Route 11, Tax Map #87.00-02-05.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
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BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed
Zone Change request, shall have no significant environmental impact.
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JULY 19, 2000 TOWN BOARD MEETING PAGE 3
RESOLUTION #141 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION FOR ZONE CHANGE REQUEST
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to a Zone Change request, submitted by Carl J. Staley.
RESOLUTION #142 ADOPT LOCAL LAW NO.3 OF 2000 AMENDING THE
ZONING LAW AND MAP OF THE TOWN OF
CORTLANDVILLE FOR A ZONE CHANGE ON NYS
ROUTE 11 SUBMITTED BY C RI J. ST I EY
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on
a proposed Local Law entitled "Proposed Rezoning of Lands of Carl Staley", and
WHEREAS, notice of said Public Hearing was duly published in the Cortland Standard,
the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road,
Cortland, New York, as required by law and
WHEREAS, said Public Hearing was duly held and all parties in attendance were
permitted an opportunity to speak on behalf of or in opposition to said proposed Local
Law, or any part thereof, and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review Act) of the Environmental Conservation Law it has
been determined by the said Town Board that adoption of said proposed Local Law
would not have a significant effect upon the environment and could be processed by their
applicable governmental agencies without further regard to SEQR, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it
in the best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said
Local law as Local Law No. 3 - 2000 entitled "Rezoning of Lands of Carl Staley", a copy
of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby
is directed to enter said Local Law in the minutes of this meeting and in the Local Law
Book of the Town of Cortlandville, and to give due notice of the adoption of said Local
Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
SECTION 1.
The Town of Cortlandville Zoning Law and map are hereby amended by
this Local Law as follows:
The following parcel situated at 3876 Route 11, Town of Cortlandville and
identified below is hereby zoned and designated as Business District under the Town of
Cortlandville Zoning Law and Map, subject to all regulations created and established
relative to said District: .
o t 11 0
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Property Address
3876 Route 11
Cortland, NY
Reputed Owner(s,)
Carl J. Staley
SECTION 2. Repeal
All ordinances, local laws and parts thereof inconsistent with this Local
Law are hereby repealed.
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JULY 19, 2000
TOWN BOARD MEETING
PAGE 4
SECT ON 3. Effective Date
This Local Law shall take effect immediately upon filing with the
Secretary of State of the State of New York, as required by law.
RESOLUTION #143 DECLARE NEGATIVE IMPACT FOR ZONE
CHANGE REQUEST FOR J. LEE AMBROSE
FOR PROPERTY LOCATED ON THE NORTH
SIDE OF KINNEY GULF ROAD BEHIND
THE RUSTY NAIL RESTAURANT
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a Zone Change request was submitted by J. Lee Ambrose for 3.5 acres of
property located on the North side of Kinney Gulf Road behind the Rusty Nail Restaurant
tax map #86.13-01-14.100, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed
Zone Change request, shall have no significantenvironmental impact.
RESOLUTION #144 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION FOR ZONE CHANGE REQUEST
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to a Zone Change request, submitted by J. Lee Ambrose.
RESOLUTION #145 ADOPT LOCAL LAW NO.4 OF 2000 AMENDING THE
ZONING LAW AND MAP OF THE TOWN OF
CORTLANDVILLE FOR A ZONE CHANGE ON THE
NORTH SIDE OF KINNEY GULF ROAD BEHIND THE
RUSTY NAIL RESTAURANT SUBMITTED BY J. LEE
AMBROSE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on
a proposed Local Law entitled "Proposed Rezoning of Lands of Ambrose, Trustee", and
WHEREAS, notice of said Public Hearing was duly published in the Cortland Standard,
the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road,
Cortland, New York, as required by law and
WHEREAS, said Public Hearing was duly held and all parties in attendance were
permitted an opportunity to speak on behalf of or in opposition to said proposed Local
Law, or any part thereof, and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review Act) of the Environmental Conservation Law it has
been determined by the said Town Board that adoption of said proposed Local Law
would not have a significant effect upon the environment and could be processed by their
applicable governmental agencies without further regard to SEQR, and
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JULY 19, 2000 1 TOWN HOARD MEETING PAGE 5
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WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it
in the best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the TownBoard of the Town of Cortlandville hereby adopts said
Local law as Local Law No. 4 - 2000 entitled "Rezoning of Lands of Ambrose, Trustee", a
copy of which is attached hereto and made a part hereof, and the Town Clerk be and she
hereby is directed to enter said Local Law in the minutes of this meeting and in the Local
Law Book of the Town of Cortlandville; and to give due notice of the adoption of said
Local Law to the Secretary of State.
Be it enacted, by the Town Board of the Town of Cortlandville as follows:
SECTION 1.
The Town of Cortlandville Zoning Law and map are hereby amended by
this Local Law as follows:
The following parcel of 3.5 acres, situated on Kinney Gulf Road, in the Town of
Cortlandville and identified below is hereby zoned and designated as Business under the
Town of Cortlandville Zoning Law and Map, subject to all regulations created and
established relative to said District:
Tax Map No.
86.13-01-14.100
Property Address
Finney Gulf Rd.
Cortland, NY
Reputed Owner(s)
J. Lee Ambrose, Trustee
SECTION 2.
All ordinances, local laws and parts thereof inconsistent with this Local
Law are hereby repealed.
SECTION 3. Effective Date
This Local Law shall take effect immediately upon filing with the
Secretary of State of the State of New York as required by law.
Attorney Folmer reported:
Speed Limits:
Attorney Folmer stated, upon verification, NYS DOT approval of speed limit and
traffic control on state and county roads is required. Attorney Folmer is investigating the
town's ability to place some contr of on town roads and limit truck traffic on certain roads.
Lime Hollow Nature Center:
Attorney Folmer prepared the resolution for the Boards endorsement for the Lime
Hollow Nature Center's application for a grant to NY State Office of Recreation and
Historic Preservations.
NATURERESOLUTION #146 ENDORSE APPLICATION OF LIME HOLLOW
CENTER,, THE NEW ' /.
OFFICESTATE i, PARKS, RECREATION
:1'., AND
HISTORICO: GRANT
UNDER THE ENVIRONMENTAL PROTECTION
FUND FOR A PARK PROJECT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE
WHEREAS, the Lime Hollow Nature Center, Inc. is applying to the New York State
Office of Parks, Recreation and Historic Preservation for a grant under the Environmental
Protection Fund or Clean Water/Clean Air Bond Act for a park project to be located south
of McLean Road, a site located within the territorial jurisdiction of this Board, and
WHEREAS, a requirement under the rules of these programs, said not -for -profit
corporation must obtain the "approval/endorsement" of the governing body of the
municipality in which the project will be located,
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JULY 19, 2000 TOWN BOARD MEETING PAGE 6
NOW THEREFORE BE IT RESOLVED, by this Town Board of the Town of
Cortlandville does hereby approve and endorse the application of the Lime Hollow Nature
Center, Inc. for a grant under the Environmental Protection Fund for a park project know
as Lime Hollow Nature Center and is located within this community.
Time Warner Franchise:
Attorney Folmer apprised the Board under the Time Warner Franchise agreement,
the Board is required to approve any merger or asset exchange.
RESOLUTION #147 APPROVE THE TRANSFER OF THE CABLE
COMMUNICATIONS FRANCHISE FROM "TWF" —
TWFANCH-ONE CO., TO "TWEAK" TIME WARNER
ENTERTAINMENT ADVANCED/NEWHOUSE
PARTNERSHIP
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, TWFanch-one Co., a general partnership ("TWF"), is 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 (the "System"); and
WHEREAS, the managing general partner of TWF is Time Warner Entertainment
Company, L.P. ("TWE"); and
WHEREAS, the System is managed by TWE, which is also the managing general partner
of Time Warner Entertainment-Advanced/Newhouse Partnership ("TWEAN"); and
WHEREAS, TWF and TWEAN have entered into an Asset Exchange Agreement (the
"Asset Exchange Agreement") whereby TWF has agreed to exchange certain of its assets,
including the Franchise, to TWEAK; and
WHEREAS, to the extent the Franchise requires, TWF now seeks approval of the transfer
of the Franchise to TWEAN and has filed an FCC Form 394 with the Franchise Authority
with respect thereto; and
WHEREAS, the Franchise Authority has investigated the qualifications of TWEAN and
finds it to be a suitable transferee of the Franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS
FOLLOWS:
1. The Franchise Authority hereby consents to and approves the transfer of the
Franchise from TWF to TWEAN, to the extent such consent is required by
the terms of the Franchise or applicable law, and to the transfer of all of
TWF's rights, powers and privileges under the Franchise from TWF to
TWEAN.
2. The foregoing consent to such transfer shall be effective upon the closing of
the transactions under the Asset Exchange Agreement. Notice of such date
shall be given to the Franchise Authority.
3. The Franchise Authority hereby consents, if such consent. is required under
the Franchise, to a subsequent transfer of the Franchise or control related
thereto to any entity controlling, controlled by or under common control
with TWE.
4. The Franchise Authority hereby consents to and approves the assignment,
mortgage, pledge or other encumbrance, if any, of the Franchise, the System
or assets relating thereto, as collateral for a loan.
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JULY 19, 2000
TOWN BOARD MEETING
PAGE 7
5. This Resolution shall have the force of a continuing agreement with TWF
and TWEAK, and the Franchise Authority shall not amend or otherwise alter
this Resolution without the consent of TWF and TWEAN.
Attorney Folmer continued:
Prevailing Wage rates:
Upon request Attorney Folmer investigated the basic Labor Laws concerning
applicability of wage rates for certain projects. His research confirmed that according to
the Labor Law, if a contract is entered into with a municipality, state or other public
subdivision, prevailing wages must be paid.
Councilman Pilato made a motion, seconded by Councilman Testa, to recess the
Regular Meeting and open a scheduled Public Hearing for Suit-Kote Corp. Aquifer
Protection Permit. All voting aye, the motion was carried.
The meeting was recessed at 5:45 p.m.
Reconvene the Regular Meeting at 6:16 p.m. following a Public Hearing for Suit-
Kote Corp.'s Aquifer Protection Permit application.
1MbIlli 130MM 1 a / RON&OW 10 IMIJ I WWI
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, The Town Board does hereby table the Aquifer Protection Permit
submitted by Suit-Kote Corp. until the next Town Board meeting of August 2, 2000 at 7:00
p.m.
Councilman Testa made a motion seconded by Councilman O'Donnell, to receive
and file documentation from Suit-Kote Corp. All voting aye, the motion was carried.
Councilman Testa made a motion seconded by Councilman O'Donnell, to receive
and file correspondence from Supervisor Thorpe to the NYS DEC regarding the town's
response to Suit-Kote's mining application. All voting aye, the motion was carried.
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Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Change Order No. 1 of 2000 has been submitted by the Town Engineer for
the NYS Route 13 Water Improvement Project-1999, therefore
BE IT RESOLVED, the Town Board does hereby approve Change Order No. 1 of 2000 in
the amount of $24,750.11, and it is further
RESOLVED, the contract with Masciarelli Construction is hereby amended.
Councilman Pilato made a motion, seconded by Councilman Testa, to recess the
Regular Meeting to an Executive Session regarding acquisition of properly. All voting
aye, the motion was carried.
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JULY 19, 2000 TOWN BOARD MEETING PAGE 8
The meeting was recessed at 6:22 p.m.
The following information was received from the Supervisor's office.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn
the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion
was carried.
No action was taken.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:08 p.m.
Respectfully,
Karen Q. Snyder
Town Clerk
Town of Cortlandville