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HomeMy WebLinkAbout04-03-199143 Wednesday, April 3, 1991 7:30 P.M. PUBLIC HEARING AQUIFER PERMIT - GRACE BAPTIST CHURCH A Public Hearing was held by Town of Cortlandville on April 3, the Town 1991 at Board of the 7:30 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York for a Aquifer Special Permit by Grace Baptist Church to construct a church with a paved parking lot on their property located on Route 13 in the Town. Members present: Deputy Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent: Others present CEO, Bruce Weber; Hayne Smith; Kris Baptist Church and and Blue Creek area. Supervisor, Melvin Pierce were: Attorney, Phillip Rumsey; Highway Supt., Carl Bush; Engineer, Larson and one other from Grace several residents of the Cosmos Hill Deputy Supervisor, Raymond Thorpe called the Public Hearing to order at 7:30 p.m. The Town Clerk read aloud the legal notice, as posted and filed. Deputy Supervisor Thorpe asked for any questions or comments from those in attendance. Mr. Kris Larson advised that the church will be built on 15 acres of land near Monarch on Rt 13. The church will be built to accommodate 250 people. Their attendance now is approximately 80 to 100. The question was asked if it was their intent to have a school at the location. He responded, not now. They wish to build a ball diamond. Questions and comments were heard regarding the availability of hooking into the Town sewer, to protect the aquifer. They would like to, but it is not feasible at the present time. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Public Hearing. The Public Hearing was closed at 7:35 p.m. 44 Wednesday, April 3, 1991 7:30 P.M. PUBLIC HEARING BLUE CREEK WATER STORAGE TANK CONSTRUCTION A Public Hearing was held by the Town Board of the Town of Cortlandville on April 3, 1991 at 7:30 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York for the matter of the Blue Creek Water Storage Tank Construction. Members present: Deputy Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent: Supervisor, Melvin Pierce Others present were: Attorney, Phillip Rumsey; CEO, Bruce Weber; Engineer, Hayne Smith; Highway Supt., Carl Bush; and Town residents Robert Moore, Edna Puzo, Mr. and Mrs. Robert Wheeler and daughter, Rutherford Bell, Dr. Lee Ambrose, John and Katherine Wickwire, Charles Proctor and son, and other area residents. Deputy Supervisor, Raymond Thorpe called the Public Hearing to order at 7:40 p.m.. The Town Clerk read aloud the Legal Notice as posted and filed. Deputy Supervisor Thorpe explained the need and intent of the Town Board for erecting the new water storage tank. Deputy Supervisor stated that the site needs to be at a proper elevation and the land has to be available for sale. He stated that a number of sites have been considered including the site of the present tank. Deputy Supervisor Thorpe stated that "the existing tank is over 30 years old. At the time it was conventional to construct them out of steel. The tank now is deteriorating and eventually will fail. He stated that the new tank will be constructed of concrete and should last many years with no maintenance for some time. Deputy Supervisor Thorpe stated that the Town is responsible for the safety of its residents in that area of Cosmos Hill. Fire protection is what he was referring to. Concern was expressed, if a fire could be fought with the present standing of the existing water storage tank and facilities that now exist. Deputy Supervisor offered the privilege of the floor for any comments or questions. A Cosmos Hill resident asked if the proposed water storage tank will have a pumping station. Hayne Smith, Town Engineer stated that it will not. It will be just the water storage tank. W Wednesday, April 3, 1991 A question was asked where is the existing water storage tank located now. Deputy Supervisor Thorpe stated that it is located off Route 13 on the hill adjacent to Penquin Trailer Park. The water storage tank is hard to see, it is concealed by trees. Town Engineer, Hayne Smith showed photos and described the new water storage tank. Mr. Donald Noble from Cosmos Hill, directed a question to Mr. Smith in regards to distance. Mr. Smith stated that the water storage tank will be 500' up from Blue Creek Road. Mr. Noble was also concerned with distance from his property line since the water storage tank will be located on a parcel adjacent to his backyard. Mr. Smith stated the tank will be approximately 80' from Mr. Noble's property line. Kathy Wickwire from Cosmos Hill asked what other properties were considered. Deputy Supervisor Thorpe stated a comparable property on Highland Road was considered but the owner was asking $125,000.00 for 1.4 acres. The proposed site, the price is $29,000.00 for 1.7 acres. Dr. Lee Ambrose had privilege of the floor. He stated that under the advice of an Engineer, Tim Buhl of Resource Engineering it was explained to Dr. Ambrose the need for a second water storage tank. Dr. Ambrose stated that in 1969 - 1971 a report was constructed by Stearns & Wheeler stating that the best location of a water storage tank was the Cosmos Hill area. Deputy Supervisor, Raymond Thorpe closed the Public Hearing at 8:25 p.m. 1 46 Wednesday, April 3, 1991 7:30 P.M. TOWN BOARD MEETING The regular meeting of the Town Board of the Town of Cortlandville was held on April 3, 1991 at 7:30 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York, with Deputy Supervisor, Raymond Thorpe presiding. Members present: Deputy Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent: Supervisor, Melvin Pierce Others present were Attorney, Phillip Rumsey, CEO, Bruce Weber; Engineer, Hayne Smith; Highway Supt. Carl Bush; Charles Wheeler of the Cortland County EDC and Town residents Robert Moore, Edna Puzo, Karen Bush, Mr. and Mrs. Robert Wheeler, John and Katherine Wickwire and Dr. Lee Ambrose. The meeting was called to order by Deputy Supervisor, Raymond Thorpe at 7:30 p.m. He asked those in attendance to Pledge Allegiance to the Flag. The meeting commenced at 8:30 p.m., following two Public Hearings and a discussion from Charles Wheeler of the Economic Development Committee on their goals for the 1991 year. RESOLUTION #61 AWARD BID FOR ONE COMPACT DIESEL TRACTOR WITH ATTACHMENTS HIGHWAY DEPARTMENT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Highway Superintendent was authorized to let out for bid One Compact Diesel Tractor With Attachments per Town Resolution #59 on March 20, 1991 and WHEREAS, the following bids were opened on April 3, 1991 and given to Carl Bush, Highway Superintendent for review: Case IH Tractors $12,900.00 26 River St. Cortland, New York 13045 Kubota of Cortland $11,000.00 3815 Luker Rd. Cortland, New York 13045 Dryden Lawn & Rec. $12,268.33 54 North St. Box 605 Dryden, New York 13053 John Deere $11,543.00 Route 11 Cortland, New York 13045 1 1 47 Wednesday, April 3, 1991 PAGE 2 THEREFORE, BE IT RESOLVED, that the bid for One Compact Diesel Tractor With Attachments, is hereby awarded to the low bidder, Kubota of Cortland, of Cortland, New York in the amount of $11,000.00. RESOLUTION #62 AUTHORIZE PAYMENT OF VOUCHERS MARCH Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #118 - 129 $ 4,074.94 General Fund B 25 - 30 8,315.30 Highway Fund 104 - 114 4,220.30 Water Fund 59 - 69 35,925.54 Sewer Fund 31 - 36 11,463.84 Capital Projects 19 - 22 1,074.79 Deputy Supervisor Raymond Thorpe gave privilege of the floor to Robert Wheeler of Highland Road. Mr. Wheeler asked if there were any plans in the immediate future of placing sewer lines in the Highland Road area. Mr. Wheeler stated that the drainage in the Highland Road area is very poor. Deputy Supervisor Thorpe stated that the idea of the Town Board is to accommodate the areas that are crucial first, which are known polluters. The Lamont Circle area and Route 281, will be the Towns first priority at this time. The areas over the Aquifer will be the prime target for sewers first, as stated by the Deputy Supervisor. Deputy Supervisor Thorpe stated that the Town Board will consider the sewering of the Highland Road area in the future. Councilman Testa stated that he had recently audited the Town Supervisor's books and found all to be in order. Councilman Testa made a motion, seconded by Councilman O'Donnell to receive and file an option to purchase property. All voting aye, the motion was carried. The option to purchase property, belongs to Charles Proctor of Blue Creek Rd for the storage water tank. RESOLUTION #63 ADOPT RESOLUTION PURSUANT TO TOWN LAW SECTION 209-q (6) (c) "LAMONT CIRCLE AREA SANITARY SEWER IMPROVEMENTS" Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans, map and engineering report relating to the establishment of a sewer improvement project for Lamont Circle, Stupke Road, Pheasant Run and Rt. 13 and designated "Lamont Circle Area Sanitary Sewer Improvements", as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and 48 Wednesday, April 3, 1991 PAGE 3 WHEREAS, an Order was duty adopted by the Town Board on March 6, 1991 reciting the filing of said general plans, the construction proposed, and the estimated expense thereof and specifying March 20, 1991 at 6:00 p.m. as the time and the said Town Hall in the said Town of Cortlandville as the place where the said Board would meet to consider the documents filed as aforesaid and to hear all pet -sons interested in the subject thereof, concerning the same, and WHEREAS, such Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on the 20th day of March, 1991 commencing at 6:00 p.m. at the Town Hall in the said Town and discussion upon the matter having been had and all persons desiring to be heard having been duly heard including members of the Board and various other persons, and NOW, upon the evidence given upon such hearing and upon the motion of Ronal Rocco, Councilman, seconded by Edwin O'Donnell, Councilman, and unanimously passed, it is RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient, and that to establish the aforesaid sewer improvement is in the public interest, and it is further RESOLVED AND DETERMINED, all costs, including the principal and interest on said bonds or other obligations authorized to be issued shall be borne by the lands benefited by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is further hereby determined that all lots or parcels in -the Town of Cortlandville outside of Villages, capable of being serviced by the "Article 12-C" Sewer Improvements heretofore and hereafter provided, are lots or parcels benefited by the proposed sewer project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one sewer system, such system being described by and including the area set forth in the "Groton Avenue Plaza, Route 281 & Luker Road Area Sewer Project" Resolution adopted October 17, 1990 and the following parcels designated on the 1991 Cortland County real property tax maps as Cortlandville tax parcels: Tax Man 95.00-01: Parcel: 48. Tax Map 95.12-01: Parcel: 25. Tay Map 95.15-01: Parcels 14, and 05.111. Tax Map 95.15-03: Parcels: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 23 and 24. 1 1 1 49 Wednesday, April 3, 1991 PAGE 4 Tax Map 95.16-01: Parcels: 01, 24.1, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74 and 75. Tax Map 95.16-02: Parcels: 01, 02, 03„ 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69.1, 70 and 80, and WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement as proposed in said plans be authorized pursuant to Section 209-q(6)(c) of the Town Law; that the improvement therein mentioned be constructed and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such improvement shall be designated and known as "Lamont Circle Area Sanitary Sewer Improvements", and it is further RESOLVED AND DETERMINED, that the proposed improvement, including cost and rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximated to be a maximum of $660,000.00 shall be financed by a grant from the State of New York in the amount of $95,000.00 and by the issuance of bonds by the Town of Cortlandville in the maximum amount of $565,000.00 for maximum term of forty years at prevailing interest, and it is further RESOLVED AND DETERMINED, that the costs of management, maintenance, operation and repair of said improvement or services shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from sewer rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law ARticle 12-C Sewer Improvements, and it is further RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution file a certified copy of this Resolution in the Cortland County Clerk's Office as provided for by the Town Law Section 209-q(6)(c). RESOLUTION #64 APPOINT COUNCILMAN EDWIN O'DONNELL DEPUTY SUPERVISOR Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, due to the temporary inability of Raymond Thorpe to act as Supervisor RESOLVED, pursuant Town Law Section 42, Councilman Edwin O'Donnell is hereby appointed to the position of Deputy Supervisor, and BE IT RESOLVED, this appointment be effective immediately. Wednesday, April 3, 1991 Councilman Rocco Councilman O'Donnell to Natoli's Market. The letter is in premises license to sell PAGE 5 made a motion, seconded by receive and file a letter from regards to renewing their off - beer. RESOLUTION #65 SET DATE FOR A PUBLIC HEARING - AQUIFER PERMIT - NIAGARA MOHAWK Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Niagara Mohawk has submitted an application for a Aquifer Special Permit to develop over the Aquifer, and WHEREAS, the continuing process requires a Public Hearing before this Town Board, therefore BE IT RESOLVED, that a Public Hearing shall be held on April 17, 1991 at 5:00 p.m. to review said application. RESOLUTION #66 SET DATE FOR A PUBLIC HEARING - AQUIFER PERMIT - GEORGE HASKELL Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, George Haskell has submitted an application for a Aquifer Special Permit to develop over the Aquifer, and WHEREAS, the continuing process requires a Public Hearing before this Town Board, therefore BE IT RESOLVED, that a Public Hearing shall be held on April 17, 1991 at 5:00 p.m. to review said application. RESOLUTION #67 AUTHORIZATION TO ADVERTISE FOR BID- GROTON AVENUE PLAZA, ROUTE 281 AND LUKER RD. SEWER IMPROVEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Engineer, Hayne Smith is hereby authorized to advertise by legal notice, letting of the bids for the Groton Avenue Plaza, Route 281 and Luker Road Sewer Improvement Project. RESOLUTION #68 AUTHORIZE CORTLAND CITY SCHOOL DISTRICT TO USE TOWN HALL AND it VOTING MACHINE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a request was received -Prom Cortland City School District, asking permission to use the Town Meeting room and the Voting Machine for their annual school board election on Tuesday May 7, 1991 from 11:30 a.m. to 9:30 p.m., and MR Wednesday, April 3, 1991 PAGE 6 WHEREAS, a precedent has been set that they may use the building and voting machine for such purposes, therefore BE IT RESOLVED, that the Cortland City School District is hereby authorized to use the Town meeting room and the voting machine for the school election scheduled for May 7, 1991. RESOLUTION #69 APPROVE PLUMBER APPLICATION OF RICHARD C. NEIDERMAN - WATER,& SEWER Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Richard 0 Nelderman to install water and sewer installations in the Town, and WHEREAS, such application has been reviewed and found to be in order, therefore BE IT RESOLVED, that Richard C. Neiderman is hereby approved for both water and sewer connections in the Town, and RESOLVED, that his name shall be added to the approved plumber list of the Town of Cortlandville. RESOLUTION 070 AUTHORIZE EXTENSION OF CASE TRUCKING FOR CRUSHED LIMESTONE MATERIALS Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby authorize an extension to Case Trucking for the delivered prices of crushed limestone materials, to remain in effect unti) March 31, 1992. RESOLUTION #71 APPROVE THE INSTALLATION OF STREET -LIGHTS - ROUTE 215 & BENNIE RD. ----- Motion By Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, with the recent addition to the Willowbrook Golf Course and the anticipated increase in the volume of traffic going to Walden Oaks Golf Course, and WHEREAS, information was sent to Niagara Mohawk to review a potential problem area in regards to street lighting, and WHEREAS, a proposal was received from Richard C. Durant, District Manager of Niagara Mohawk, for the installation of two (2) street lights at the intersection of Route 215 and Bennie Road, in the Town of Cortlandville, and WHEREAS, such proposal has been reviewed by the Town Board and found to be satisfactory, therefore BE IT RESOLVED, that the Town board does hereby authorize to accept the proposal from Niagara Mohawk to install two (2) 250 watt light pressure sodium lights at the intersections of Route 215 and Bennie Road, and be it Wednesday, April 3, 1991 PAGE 7 RESOLVED, the total annual cost to the Town of Cortlandville would be $232.56 plus energy, and RESOLVED, that said proposal shall be received and filed. RESOLUTION #72 RESOLUTION PROVIDING FOR THE CONSOLIDATION, DETAILS AND SALE OF $2,100,000 PUBLIC IMPROVEMENT (SERIAL) BONDS, 1991, OF THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK, FOR CERTAIN PURPOSES IN AND FOR SAID TOWN Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, by the Town Board of the Town of Cortlandville, Cortland County, New York, as follows: Section 1. Of -the $175,000 serial bonds authorized by bond resolution dated March 15, 1989, for the construction and extension of a water improvement area to be known as Rt. 281/Groton Avenue Plaza Water Improvement, in and for the Town of Cortlandville, Cortland County, New York, there shall be issued and sold $160,000 serial bonds which shall mature $6,000 in each of the years 1991 to 1994, both inclusive, $7,000 in each of the years 1995 to 1998, both inclusive, and $9,000 in each of the years 1999 to 2010, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of -the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from August 17, 1989, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of 115,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before August 16, 1991 to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. Section 2. Of the $314,158 serial bonds authorized by bond resolution dated December 6, 1989, for the construction of the Lime Hollow Well Project for the Lime Hollow Well Completion Water Improvement Area, in and for the Town of Cortlandville, Cortland County, New York, there shall be issued and sold $300,000 serial bonds which shall mature $12,000 in each of the years 1991 to 1997, both inclusive, $15,000 in each of the years 1998 to 2003, both inclusive,and $18,000 in each of the years 2004 to 2010, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from December 22, 1989, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $14,158, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before December 20, 1991 to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. 5 .3' Wednesday, April 2, 1991 PAGE 8 Be tion 3. Of the $1,000,000 serial bonds authorized by bond resolution dated February 7, 19907 for the construction of the Northwest Cortlandville Water Improvement Project, for the Northwest Cortlandville Water improvement Area, in and for the Town of Cortlandville, Cortland County, New York, there shall be issued and sold '808,000 serial bonds which shall mature $34,700 in each of the years 1991 to 19951 both inclusive, $38,000 in each of the years 1996 to 1998, both inclusive, $35,000 in the year 1999, $341700 in each of the years 2000 to 2004, both inclusive, and $52,000 in each of the years 2005 to 2010, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty- five years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from April 20, 19907 the date of the first bond anticipation note issued therefor. it is hereby further determined that the sum of $192,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before April 19, 1991 to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. Section 4. Of the $280,000 serial bonds authorized by bond reGolution dated July 5, 1990, for the construction of a water improvement known as Fairview Drive/McLean Road Water Project-1990 of the Town of Cortlandville, Cortland County, New York, there shall be issued and sold $264,000 serial bonds which shall mature $11,000 in each of the years 1991 and 1992, $12,000 in each of the years 1993 and 1994, $117000 in the year 1996, $12,000 in each of the years 1996 and 1997, $14,000 in the year 1998, $14,025 in the year 1999, $14,000 in each of the years 2000 to 2003, both inclusive, $12,975 in the year 2004, $14,000 in each of the years 2005 to 2009, both inclusive, and $16,000 in the year 2010, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Secti or, 11.00 of the Local Finance Law, computed from July 30, 1990, the date of the first bond anticipation note issued therefor. it is hereby further determined that the sum of $16,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before July 291 1991 to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. C 54 Wednesday, April 3, 1991 PAGE 9 Section 5. Of the $90,000 serial bonds authorized by bond resolution dated July 18, 1990, for the construction of a water improvement known as Rt. 13/Pyramid Mall Water Project-1990, in and for the Town of Cortlandville, Cortland County, New York, there shall be issued and sold $87,000 serial bonds which shall mature $4,000 in each of the years 1991 to 2003, both inclusive, and $5,000 in each of the years 2004 to 2010, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from August 3, 1990, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $3,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before August 2, 1991 to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. Section 6. Of the $150,200 serial bonds authorized by bond resolution dated September 19, 1990, for the purchase and construction of a water improvement area known as Renaissance/N.Y.S. Rt. 281/Homer Connection Water Improvement, in and for the Town of Cortlandville, Cortland County, New York, there shall be issued and sold $111,000 serial bonds which shall mature $4,000 in each of the years 1991 and 1992, $5,000 in each of the years 1993 to 1997, both inclusive, and $6,000 in each of the years 1998 to 2010, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from October 9, 1990, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $39,200, from a source other that the proceeds of bonds or bond anticipation notes, will be used on or before October 8, 1991 to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. 1 W Wednesday, April 2, 1991 PAGE 10 Sectiors _7. Of the $470,000 serial bonds authorized by bond resolution dated July 5, 1990, for the construction of a water improvement known as McLean Road Sewer Project-1990 of the Town of Cortlandville. Cortland County, New York, there shall be issued and sold $324,000 serial bonds which shall mature $16,250 in the year 1291, 10,300 in the year 1992, $14,300 in each of the years 1993 to 1995, both inclusive, $20,000 in each of the years 1996 and 1997, $14,000 in the year 1998, $14,650 in the year 1999, $14,975 in each of the years 2000 to 2003, both inclusive, $12,000 in the year 2004, and $18,000 in each of the years 2005 to 2010, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, computed from July 30, 1990, the date of the first bond anticipation note issued therefor. it is hereby further determined that the sum of $146,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before July 26, 1991 to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. Section V Of the $50,000 serial bonds authorized by bond resolution dated July 18! 1990 for the construction of a sewer improvement area known as N.Y.S. Rt. 13/N.Y.S. Rt 281 Sewer Improvement, in and for the Town of Cortlandville, Cortland County, New York, there shall be issued and sold $28,000 serial bonds which shall mature $1,350 in the year 1991, $1,300 in each of the years 1992 to 2004, both inclusive, and $1,950 in each of the years 2006 to 2002, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. it is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, computed from August 3, 1990, the date of the first bond anticipation note issued therefor. it is hereby further determined that the sum of $2,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before August 21 1991 to reduce outstanding bond anticipation notes of said Town for such propose, such amount constituting the first installment of the principal amount of such indebtedness. 0 56 Wednesday, April 3, 1991 PAGE 11 Section 9. Of the $30,000 serial bonds authorized by bond resolution dated July 18, 1990, for the construction of a sewer improvement area known as Maryland Avenue Sewer Project-1990, in and for the Town of Cortlandville, Cortland County, New York, there shall be issued and sold $18,000 serial bonds which shall mature $700 in each of the years 1991 to 1998, both inclusive, $1,025 in each of the years 1999 to 2004, both inclusive, $1,050 in each of the years 2005 to 2009, both inclusive, and $1,000 in the year 2010, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, computed from August 3, 1990, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $12,000, from source other than the proceeds of bonds or bond anticipation notes, will be used on or before August 2, 1991 to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. Section 10. The serial bonds described in the preceding sections hereof are hereby authorized to be consolidated for purposes of sale into one bond issue aggregating $2,100,000. Such bonds shall each be designated substantially PUBLIC IMPROVEMENT (SERIAL) BOND, 1991, shall be dated April 15, 1991, and shall be of the denomination of $5,000 each or any integral multiple thereof not exceeding the principal amount of each respective maturity. Bonds may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of Key Trust Company, in Albany, New York, (the" Fiscal Agent"), or any successor Fiscal Agent, for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. The bonds shall mature in the amount of $90,000 on August 15 in each of the years 1991 to 1995, both inclusive, $100,000 on August 15 in each of the years 1996 to 2004, both inclusive, and $125,000 on August 15 in each of the years 2005 to 2010, both inclusive, and shall bear interest payable on August 15, 1991 and semi-annually thereafter on February 15 and August 15. Such bonds shall bear interest at such rate as may be necessary to sell the same, which rate shall be determined in the manner provided in Section 59.00 of the Local Finance Law. Such bonds shall be in registered form and shall not be registrable to bearer or convertible into bearer coupon form. Principal of the bonds will be payable to the registered owners upon surrender of the bonds at the principal corporate trust office of the Fiscal Agent for the bonds. Interest on the bonds will be payable by check or draft mailed by the Fiscal Agent to the registered owner of the bonds, as shown on the registration books of the Town maintained by the Fiscal Agent, as of the close of business on the last business day of the calendar month preceding the date of the interest payment. Principal of the interest on the bonds will be payable in lawful money of the United States of America. The aforesaid maturities constitute the aggregate of the individual maturities of each separate issue, which individual maturities are prescribed in the preceding sections hereof. Such bonds shall be executed in the name of said Town by the manual or facsimile signature of the Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk. 5,1 Wednesday, April 3, 1991 PAGE 12 The bonds shall be authenticated by the manual countersignature of an authorized officer or employee of the Fiscal Agent. it is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 11. The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement with a bank or trust company located or authorized to do business in the State of New York for the purpose of having such bank or trust company act, in connection with the obligations herein described, as the Fiscal Agent for said Town to perform, the services described in Section 70.00 of the Local Finance Law, and to execute such agreement on behalf of the Town Board of said Town. Section 12. All other matters, except as provided herein, relating to such bonds shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine. Section 13. The faith and credit of said Town of Cortlandville, Cortland county, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bond as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Section 14. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt, of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section-16. This resolution shall take effect immediately. RESOLUTION #70 AUTHORIZATION TO TRANSFER FUNDS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer $14,700.00 from the Water Fund F9710.7, the Debt Service Serial Bond Payment Interest account into F9710.6, the Debt Service Serial Bond Payment Principal account, and be it RESOLVED, this transfer is for the proposed bond sale. 58 Wednesday, April 3, 1991 PAGE 13 RESOLUTION #74 AUTHORIZATION TO TRANSFER FUNDS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer $300.00 from the Sewer Fund G9710.7, the Debt Service Serial Bond Payment Interest account into G9710.6, the Debt Service Serial Bond Payment Principal account, and be it RESOLVED, this transfer is for the proposed bond sale. RESOLUTION #75 AUTHORIZATION TO TRANSFER FUNDS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer $282.96 from the Sewer Fund G Surplus account into the Capital Project Fund account, and be it RESOLVED, that this transfer is for the Groton Avenue Plaza Route 281/Luker Road and Lamont Circle Sewer Projects, which are not bonded at this time. Deputy Supervisor Raymond Thorpe offered the privilege of the floor to Dr. Lee Ambrose. Dr. Ambrose explained that Niagara Mohawk has not completed the lighting district within the Renaissance Subdivision, specifically the entrance to DaVinci Drive off Route 281. Dr. Ambrose explained how difficult and dangerous it was at night. Dr. Ambrose asked if the Town Board would contact Niagara Mohawk to complete the project of installing the remaining three (3) street lights at the base of DaVinci Drive. Deputy Supervisor Raymond Thorpe suggested he had to contact Niagara Mohawk on another matter and would include the DaVinci Drive street light problem. Councilman O'Donnell made a motion, seconded by Councilman Testa to recess the regular meeting and convene to an executive session. All voting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the executive session and reconvene the regular meeting. All voting aye, the motion was carried. 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 9:21 p.m. Resp ctively submitted, Pauline H. Parker CMC Town Clerk Town of Cortlandville 1-1 1