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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. 1 282 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. 1 1 1 283 1 1 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. 1 285 1 El 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. '266 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 1 1 1 BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed Zone Change request, shall have no significant environmental impact. 287 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 t 1 1 1 111 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. 288 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 1 1 JULY 19, 2000 1 TOWN HOARD MEETING PAGE 5 289 1 1 E 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, 290 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. 29 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. 1Wei I 11830E.-Je. . 1 1 1 • 111 1" IN 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. 2/92 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