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Thursday May 11, 2017 The regular meeting of the Town Board of the Town of Locke, Cayuga County and State of New York was held in said town at the Locke Town Hall, Main Street, Locke, NY on May 11, 2017 at 7:00 P.M. There were present: Craig Todd, Supervisor Sally Compton, Mary Alice Stetz, and Thane Benson, Members of Council Absent: Patricia Dillon, Council Member Jerry VeVone, CEO Others present: Melanie Funk, Town Clerk Peter Compton, Highway Superintendent Norman Chirco, Attorney Approximately 15 Citizens The meeting was called to order by Supervisor Todd at 7:00 P.M. Pledge of Allegiance to the Flag The minutes of the April 13, 2017 meeting – a motion was made by Councilwoman Compton and seconded by Councilwoman Stetz to accept the minutes as read and upon roll call vote was unanimously carried. So resolved Ayes 4. Supervisor Todd made a motion to open the Public Hearing at 7:01 P.M. on the proposed franchise agreement between the Town of Locke and Zito New York, LLC, seconded by Councilwoman Compton and upon roll call vote was unanimously carried. So resolved Ayes 4. Supervisor Todd invited anyone present to speak with a limit of three minutes. Gerry Sharpsteen asked for reassurance that if the franchise agreement with Zito is signed, that it doesn’t mean that Zito has any exclusive rights as cable and internet provider in the town of Locke. Supervisor Todd told him there is nothing in the agreement that prohibits another cable or internet company from servicing Locke. Mr. Sharpsteen asked what the reasoning is behind Zito charging Locke residents who subscribe with them the franchise fee and Supervisor Todd said he suspects Zito began charging that fee in anticipation of the town entering into an agreement and charging them a franchise fee. Mr. Sharpsteen wanted it to be known that he is personally not happy with the service provided by Zito New York, LLC. Ray Chapman said that he heard that if the town signed the franchise agreement, it would prevent any cable or internet provider from offering service in Locke. Supervisor Todd reiterated that there is nothing in the agreement stating that information. Mr. Chapman also stated that he disapproves of the town entering into this franchise agreement. ---PAGE BREAK--- George Ketola stated that the way he sees the outcome of signing the franchise agreement as the town taxing its residents through Zito. Mr. Ketola doesn’t see any advantage for either party in signing the agreement. Karin Dillon asked if the reimbursement from Zito will be retroactive to January 1, 2017 and Supervisor Todd informed her that it would be. Dean Donald asked if there is an estimation of how much money will come back to the town by charging Zito the franchise fee? Supervisor Todd informed him that it is unknown at this time. The amount is based on the gross revenue of the cable operation that provides cable service to the town. The public hearing remained open at this time. Superintendent John Birmingham from the Moravia Central School District was present and handed out information to the town board prior to giving a brief presentation about the upcoming vote for the school district budget for the 2017- 2018 school year. Mr. Birmingham thanked the members of the Moravia Board of Education for accompanying him to the town board meeting also. He started by reviewing basic demographics of the district which included current enrollment being just under 1,000 students and the graduation rate is 89%. Mr. Birmingham reviewed the breakdown of the proposed budget and also the propositions involving Powers Library and the purchase of three new student transport vehicles. Supervisor Todd, upon hearing Mr. Birmingham explain about the various technological classes offered to Moravia students, asked if there are plans to offer more “hands-on” training classes that would prepare students for life beyond high school. Mr. Birmingham assured him that classes such as agriculture and wood and metal shops will continue and he hopes they continue to grow. In addition, Jeffrey Carmichael, Board of Education member added that a lot of those programs and benefits are also offered at B.O.C.E.S. and Karin Dillon, Board of Education member said that many different hands-on and everyday skills classes are taught on a steady basis at Moravia Central School. Lastly, Gerry Sharpsteen voiced his concern with the traffic congestion issue during drop-off and pick-up times and when there is an event at the schools. Mr. Birmingham informed him that the district puts out a notice through social media notifying people of the events and where they should or shouldn’t park. He also said that tackling this issue is a work in progress. Reports: Supervisor—Craig Todd reported that he attended a meeting on the state mandated county wide shared services program that needs to be in place by August 1, 2017. Mr. Todd learned that there needs to be three public hearings about this program prior to August 1st, however he doesn’t agree with this timeline and attempts to speak to our county legislator about this have been unsuccessful. Also, Mr. Todd was informed by Wayne Clark, Variance Board Chairman, that there is a vacancy on the board and Gerry Sharpsteen is interested in filling the vacancy. Mr. Todd is working with C.E.O. Jerry VeVone on getting a property corrected on Chevalier Road with an excessive amount of garbage. Lastly, Mr. Todd made a motion to allow Karen Adams to spend $100.00 on supplies for the town flower beds, seconded by Councilwoman Stetz and upon roll call vote was unanimously carried. So resolved Ayes 4. ---PAGE BREAK--- C.E.O.—Jerry VeVone was not present at the meeting, however he provided a file that contained a log of building permits that have been issues so far this year. There were four issued in April and five so far in May. Mr. Todd reported that he has asked Mr. VeVone to check on certain properties in the town that have been reported to him as being in disrepair. Highway Department—Peter Compton reported that the paving is done on Erron Hill Road. The combined project with the four towns of cutting the shoulders is complete also. Mr. Compton said that Locke Clean-up Day went well despite the constant rain. Water Department—Councilwoman Dillon was not present. Peter Compton reported that the water tower will be going offline to be repaired next week and will ask residents in the water district to try to conserve water during the repairs. Also, the resident that had an unexplained amount of high usage has resolved their issue. Councilwoman Compton spoke on the proposed water rate increases. The initial increase is eight percent for the first year with a two percent increase over the next four years. There will also be an additional $5.00 charge per 1,000 gallons of water used over the allotted 10,000. A discussion ensued about the importance of raising the rates because it has never been done and it is anticipated that at some point, the collections of the water district will not be enough to cover the expenses. The topic of residents in the water district with multi-family homes that pay double or triple the loan payment and maintenance fee amount was also discussed. Some believe that these residents should be allowed double or triple the amount of allowed gallons of water per quarter. Attorney Chirco advised the town board to move forward on the rate increases and then go on to research how the water district charges were set up and make any more changes they feel necessary in the future. Councilwoman Compton made a motion to increase the quarterly water usage rates per the schedule drawn up by she and Councilwoman Stetz, seconded by Councilman Benson and upon roll call vote was unanimously carried. So Resolved Ayes 3, Abstentions 1. A motion was made by Councilwoman Compton to close the Public Hearing at 8:11 P.M. on the proposed franchise agreement between the Town of Locke and Zito New York, LLC, seconded by Councilwoman Stetz and upon roll call vote was unanimously carried. So resolved Ayes 4. Councilman Benson made a motion to authorize Supervisor Todd to sign the franchise agreement between the Town of Locke and Zito New York, LLC, seconded by Councilwoman Compton and upon roll call vote was unanimously carried. So resolved Ayes 4. Town Clerk—Melanie Funk had nothing to report. Town Attorney—Norman Chirco reported that he has been working with the attorney for Hewitt Brothers to straighten out the situation with the parcel of land that has been donated to the town. Brian Fornell, a prospective buyer of the Hewitt Brothers property on Water Street, spoke at this time. Mr. Fornell felt he should inform the town board of his intended use of the property if he should buy it. His plans are to use it as a machine shop and eventually manufacture metal products that he designs. Therefore Mr. Fornell would like to make sure what he has described the property ---PAGE BREAK--- being used for would not be anything that is prohibited within the Town of Locke. Attorney Chirco referred him to C.E.O. Jerry VeVone to make the determination if there would be any restrictions on what Mr. Fornell intends to do with the property. Councilman Benson made a motion to give Mr. Fornell the town board’s approval to go ahead with his plans to have a machine shop at the former Hewitt Brothers plant as long as he abides by current state, county, and town environmental and building guidelines, seconded by Councilwoman Stetz and upon roll call vote was unanimously carried. So resolved Ayes 4. Old Business—Councilwoman Compton reported on the meeting of the Moravia Summer Recreation Committee which included a lot of discussion of how to meet the cost of operating the program because the town’s contribution was short based on the average amount of kids from Locke that attend. Therefore it was decided to charge a one-time fee of $20.00 per child at registration to help with the cost. Councilwoman Stetz reported that she has made more progress with the town’s website and is now gathering certain forms that need to be loaded. Also, the local laws and town board meeting minutes need to be put into a format so they can be loaded onto the website. New Business—None to report Audit of Claims—A motion was made by Councilwoman Compton to audit the claims, seconded by Councilwoman Stetz and upon roll call vote was unanimously carried. So resolved Ayes 4. General Fund Voucher #81-96 $3710.09 Highway Fund Voucher #41-51 $9239.24 Water District Voucher #26-30 $381.42 Street Lighting Voucher #5 $517.49 Public to be Heard—Resident Dean Donald had hoped to have a letter from the D.E.C. stating they approve of the plans that he and Locke Community Church have for the property being deeded to them. Mr. Donald informed the town board that the Cayuga County Soil and Water Conservation District was asked to get involved and they in turn approved the church installing a three foot wide culvert. Mr. Donald stated that he was told that Jean Foley from the D.E.C. has no issue with anything he has described that he plans to do. The only concern would be to not disturb the flow of the water in the ditch. Andrew Snell from the Owasco Lake Watershed Inspection Program was present and spoke up at this time to say that the waterway behind the town hall has been considered a protected tributary on the watershed protection map. Mr. Snell stated that the D.E.C. doesn’t have the final say as far as issuing a permit because they need to consult with his department first, along with the possibility of other agencies. He suggested that Mr. Donald visit the Auburn Natural Resource Center where many of those agencies are in one place and he would be instructed there with exactly what he should do to obtain the appropriate permits. Supervisor Todd requested that prior to the June board meeting, Mr. Donald meet with the corresponding agencies, gather the necessary paperwork, and provide the town board with all of the proper documentation showing what permissible uses are for the property that the church wishes to gain access to. ---PAGE BREAK--- A motion was made by Councilwoman Compton to adjourn, seconded by Councilman Benson and upon roll call vote was unanimously carried. Meeting adjourned at 8:52 P.M. So resolved Ayes-4. Respectfully Submitted, Melanie Funk Town Clerk/Tax Collector