Town of Harmony
Date: March 9, 2011
Time: 7:15 PM Public Hearing
Place: Town Building
1001 Blockville – Watts Flats Rd
Ashville, NY 14710
Members Present: Todd Eddy Supervisor
Tim Card Highway Superintendent
William Lawson Councilman
Beverly Lubi Councilman
Mark Stow Councilman
Michael Sard Councilman
Shelly Johnson Town Clerk
Absent: Melanie Eddy Code Enforcement Officer
Visitors: 4 visitors
On a motion by Councilman Lawson and seconded by Councilman Sard the Public Hearing regarding the renewal of the cable television franchise agreement by and between the Town of Harmony and Time Warner Cable was opened at the above time and place.
The Town Clerk read the resolution for the renewal of Time Warner Cable for the Town of Harmony. Mayor Loveless of Panama gave some information to the Board that he had learned from the Time Warner representative.
No public Comment was given.
On a motion by Councilman Lawson and seconded by Councilman Stow the following resolution was
ADOPTED 5 Ayes (Lawson, Stow, Eddy, Sard, Lubi)
An application has been duly made to the Board of the Town of Harmony, County of Chautauqua, New York, by Time Warner Entertainement-Advance/Newhouse Partnership (“Time Warner”), a partnership organized under the laws of the State of New York doing business at 120 Plaza Drive, Suite D, Vestal, New York 13850, and holder of a cable television franchise in the Town of Harmony for the approval of an agreement to renew Time Warner’s cable television franchise for an additional fifteen ( 15 ) years commencing with the date of approval by the Public Service Commission. The Franchse Renewal Agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended and certain court rulings
A public hearing was held in the Town of Harmony, New York on March 9, 2011 at 7:15 pm. And notice of the hearing was published in the Post Journal on March 1, 2011.
Now, Therefore, the Board of the Town of Harmony finds that:
- Time Warner has substantially complied with the material terms and conditions of its existing franchise and with applicable law; and
- The quality of the Time Warner service, including signal quality, reponse to customer complaints and billing practices has been tin light of community needs; and
- Time Warner has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in its proposal attached; and
- Time Warner can reasonably meet the future cable-related community needs nad interest, taking into account the cost of meeting such needs and interest
Be it further resolved that the Board of the Town of Harmony hereby renews the cable television franchise of Time Warner in the Town of Harmony for fifteen (15) years commencing with the date of approval by the Public Service Commission and expiring fifteen years hence.
Be it further resolved that the Board of the Town of Harmony hereby confirms that this Franchise Renewal Agreement replaces the original franchise last amended on November 5, 2011.
The Foregoing having received a 5 aye vote was thereby declared adopted.
On a motion by Councilman Lubi and seconded by Councilman Lawson the public hearing was closed.
Approval of minutes
On a motion by Councilman Lawson , seconded by Councilman Stow the following resolution was
ADOPTED 5 Ayes (Lawson, Stow, Eddy, Sard, Lubi)
Resolved that the minutes of February 9, 2011 be approved.
- No permits issued.
- Lane home on Panama Bear Lake Rd. is down and property will be reclaimed when weather conditions permit.
- Councilman Stow and CEO Eddy will be working on the Rockwell property sometime in April.
Zoning & Planning Board Update:
- Member of the Planning Board were on hand to present the draft of the comprehensive plan. Chairman Valerie Pedigo presented the board with the draft of the plan and a brief over view. Town Board members will review the plan and make any comments and/or suggestions via email to the Town Clerk. The Town Clerk will compile all comments and send them on to Valerie. The plan will be forwarded to the County for approval and then a public hearing can be held to formally adopt the plan.
- Councilman Stow thanked the planning board members for their hard work and persistence in getting the document completed.
Animal Control Officers Report:
- No report
Highway Superintendents Report:
- Superintendent Card has started the process for the trade of the Cat loader.
- Received notice from Cassella waste that there will be a fee increase per ton as well as a fee to haul the recyclables. The increase in fees will likely cost $1500 – $1800. Discussion was held as to whether the Board should consider raising the Transfer Station ticket rates. Current rates are $1.25/ bag. It was decided that there will be no rate increase at this time.
Town Clerk Report:
- The Town Clerk received the annual notice of election from the County. Supervisor Eddy and Councilman Sard stated that they will not be running for another term. Councilman Lawson will be running for re-election as well as Superintendent Card, Town Clerk Shelly Johnson and Tax Collector Carrie Finnerty.
- Read an invitation from the Village of Panama Historian Pam Brown inviting the Board the celebration of 150 years of incorporation on Monday March 21 at the Rowdy Rooster.
- No bank balances were received.
- Received the interest statement from citizens bank.
- Received a check from NYS Dept. of Taxation and Finance for court fines and fees.
- Received a check from NYS Dept. of Taxation and Finance for youth rec reimbursement from 2010. A discussion was held as to whether this money will be available for 2011. If it is not available then the cost of the youth rec program vs. the number of youth attending will have to be evaluated.
- No old business
- Received the Chaut. Lake Waste Management Plan.
- Received the Chautauqua County Comprehensive Plan
- Received a copy of the Tax collectors report
Town Clerk presents bills for payment:
On a Motion of Councilman Sard and Seconded by Councilman Stow the following resolution was
ADOPTED 5 ayes (Lawson, Stow, Eddy, Lubi, Sard)
Resolved that the bill be paid on Abstract # in the following amounts
General $13,820.81 Voucher #’s 34-46
Highway $14,898.35 Voucher #’s 34-51
With no further business, on a motion by Councilman Lawson, seconded by Councilman Sard the meeting was adjourned at 8:45 pm. Carried Unanimously.
Respectfully Submitted by:
Shelly Johnson, Town Clerk
The next meeting will be held on April 13 , 2010 @ 7:30 PM.