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HomeMy WebLinkAbout05-19-1993Wednesday, May 19, 1993 TOWN BOARD MEETING 5:00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at 5:00 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Raymond Thorpe presiOng. Members present: Supervisor, Raymond Thofpe Councilman, Edwin O'Donnell. Councilman, Theodore Testa Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Also in attendance were: Town Attorney, Phillip Rumsey; Town Assessor, David Briggs; and Highway Sup' t., Carl BusA. The Meeting was called to order by Supervisor Thorpe at 5:hip p,m. Councilman O'Donnoll made a motion, seconded by Councilman Mato, to receive and file the Cortiandville Planning Board MinutGs of March 30, 1993. All voting aye, the motion was carried. RES01UTION #90 AUTHORIZE PAYMENT OF VOUCHERS' MAY Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: A!L AYE ADOPTED BE IT RESOlVED, that the vouchers submitted have Teen audited and shall bo paid as follows: General Fund A Vouchers# 204 - 235 $ 10,E79,03 General Fund B 28 - 30 299.31 Highway Fund 167 - 187 16,380.94 Water Fund 83 - 95 11,694-26 Sewer Fund 46 - 52 $ 55,516.25 Capital Projects 26 - 33 $133,093.58 Supervisor Thorpe offered privilege of the floor to Councilman O'Donnell, He confirmed that the proposed ordinance for Storn Water Management was forwarded tc members of the Planning Board for their review. Councilman Rocco made a motion, seconded by Councilman O'Donnell, that the proposed contract received from Sammons Communications be received and filed. All voting aye, the motion was carried. Reports of various departments are on the table for review, and are available Car inspection, upon request, in the To,n Clerks Office. • r MAY 19, 1993 TOWN BOARD PAGE 2 Councilman Rocco reported that he received a telephone call from Mr. Chester Gigliuto of Fer-Cor Drive. He advised that a neighbor has a fence located in the Towns right-of-way, and it prevents him from getting out of his driveway in the winter. A discussion was held with the Highway Sup't. The fence does not interfere with snow plowing nor is it a safety hazard. The Town Attorney agreed that it is not a problem of the Town. RESOLUTION #91 AUTHORIZATION FOR HIGHWAY DEPARTMENT TO LET OUT FOR BID ONE NEW DUMP BODY AND ONE NEW PLOW EQUIPMENT FOR Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Highway Sup't. is hereby authorized to let out for bid one new dump body and one new plow equipment for a truck, and BE IT FURTHER RESOLVED, that bid will be opened on July 6, 1993, at 3:00 p.m., and award the bid on July 7, 1993, at 7:00 p.m. RESOLUTION #92 AUTHORIZING THE ISSUANCE OF$155,000 SERIAL BONDS OF THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, TO PAY COSTS OF CONSTRUCTION OF THE STUPKE ROAD WATER IMPROVEMENT OF OF SAID TOWN Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated January 6, 1993, the Town Board of the Town of Cortlandville, Cortland county, New York, has established the Stupke Road Water Improvement; and WHEREAS, it is now desired to authorize the issuance of $155,000 serial bonds of said Town to pay the cost of the construction of the Stupke Road Water Improvement; and WHEREAS, all conditions precedent to the financing of such capital project, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Cortlandville, Cortland County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of the Stupke Road Water Improvement, consisting of the construction of approximately 3,800 feet of new water line along the full length of Stupke Road for the purpose of improving water delivery from the Lime Hollow Pumping Station to the Blue Creek Water Tank, including incidental improvements, appurtenances and expenses in connection therewith, at a maximum estimated cost of $155,000, MAY 19, 1993 TOWV BOARD PAGE there are heraby authorized to be issued $155,000 serial bonds of the Town of Cortlandville, Cortland County, New York, pursuant to the provisions of the Local Finance Law. Section 2. it is lareby determined that the maximum estimated cost of suct specific object or purpose is $155,000, and that tha plan for the financing thereGf is by the issuance of '"rye $155,000 serial bonds of said Town authorized to be issued Pursuant to this bond resolution Section _3. iL is hereby determined that the period of probable usefulness of the aforesaid specific objent or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby Further determined that the maximum maturity of the serial bonds herein authorized will exceed five jears , Section -4., Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance aid sale of the serial bonds herein authorize?, including renewals of sunh notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall he sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Luca! Finance Law. Section — J, The Faith and credit of said Tof own Cortlandville, Cortland County, New York, are hereby irrevocably pleaged to the payment of the principal cf and interest on such bonds as the same respectively become duu and pal able. There shall he annualli- apportioned an'..; as2esset upon the several lots and parcels of land within said Stupke Road WaW� improvement which tLe Town Board shall determined and specify LD be especially benefited by the improvements, an amount safficient to pay the principal and intereEt on said bonds as the same become due, but if not pai,:"� from such source, all the taxable real property in said Town shall bn subject to the levy of ad valorea taxes without limination as to rate or amount sufficient to pay the priacipal of and inper e2t on said bonds as same shall become Sec'ion_b. Wch bonds sUll be in fully registered form and shall DE signet in the name of the Town of Cortlandville, Cortland County, New York, by the manual Cyr facsimile signature of the Supervisor and a facsimilt- of its corporate spa! shall be imprinted or impressed thereon and attested by the manual or facsimilc, signature of the Town Cleyk. se( --,-ion -7, The powers bonds for sale, conducting and duties ef advertising such the sale and awarding th.,, bonds, are hereby delegated to the Supervisor, who shall advertise such bends for sale, conduct the sale, and award the bonds in such manner as he or she shall deerii best for the interests of the Town including, but not limited to, the power to oell said bonds to the New York State Enviroamental Yawilities Corporation; provided, however, that in the exercise of these dslegated powers, he or she nball comply fully with the provisions ot. he Local Finance naw aM any order or rule of the State ConTtroller applicable to the sale of municipal bonds, The receipt of the Supervisor shall be a full acquittance to We purahpoor of such bonds, whc shall not be obligea to see to the application cf the - purchase none, 07, MAY 19, 1993 TOWN BOARD PAGE 4 Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the Facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds 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 charge shall be so collected by the fiscal agent. 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 52.00 of the Local Finance Law, as the Supervisor shall determined. Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a loan agreement, a project financing agreement, and any other agreement with the New York State Department of Environmental Conservation and /or the New York State Environmental Facilities Corporation, including amendments thereto, including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Town Board. Section 11. Th of official i Section 1.103 resolution, no be, reserved, otherwise set funding of the is resolution shall constitute a statement ntent for purposes of Treasury Regulations - 18(f). Other than as specified in this monies are, or are reasonably expected to allocated on a long-term basis, or aside with respect to the permanent object or purpose described herein. Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. eC;tio,ia 13 1 1s _=L) i>iIti.:_C1i wh .� ?: takes effs t immediately, pur ","Rani to sec Pion 75.00 (b) ; Z) an(]. pJrsuant, ti) S->ctl.o 209- (13) (a) of the Towle Law, as the maximum esti?-Eat.ed cic,st of said. specific objecIl o pLlr-ose does SC3t v.'xce o one -tenth of one percent of the fu"'l vaZUain Cf the ta-e real popPrtJn he area of the Tr-, 11I otIt-sides- of village:,, shall be; published ._1"? f' n thE; Cor t l an Stand'.....d , the, official newspap e'r, trget1-er i+Iit a i'>C,i_-_Ce of the Town . 1e-1-k n substantially, tie foz.- a provided in Section 81.00 of Ine, Local F.;.l,ance Q,- I UT 7 T# n'? R THE SS n � RF..,vi�L.�7a1�s r-.�,� r'�a`�'Ia_:�TTZ_1iA�t�C�', !t?;; fIl':.(Jr��1rT1�t��;7��5' OF r,, �r'?; .;Jis SERIAL BONDS OF THE TOWN OF C."OR 'L',A D VYi�LT L E , C'aR'� LI!-,N?� COUNT`-', NE"'! YORK, 'S OF THE OF F THE STAR? ROAD WATER '',fP O VLMF'I`TT OF SAID TOWN �v,:ot.-_or ',v C ?u.nci a man Rocco F=Bonded by Coj_lncilman O`Donnell n• ADOPTED WHIE'RRAS i>lir _=1uant Ito proceedings heretofore _,a, csnd z .y_.. _.. t-hc r-,s ory of, of the To., ni. La`xl i-tnd :11C?re Fart? cul a.r y a resol icii Clated ilpr'_1 '.? , __0''1j.the 1ottil1 Board of the w< ,;1,cz �OrtlallCi ' .i.. C" o-z--2.and. CIDunt"F , Neew York, has ,' tabliS xet.. "h _;t<?:... R'Ja(I Wa.te:. I mprov' Di; pnt Area.; ar,,d WT?}„R.r'-AS• __i_ is na+ ( E.esi.rod to authorize titter. J.ssuance of boliC:1_ .ls Said "'G',,jn to paV t.h.e co-st; ..;•t the C'Cl:i;: tt .`i i ].0 i, 4f the Stc.r Y'oad Water 1mprov,,=' i ent and T '� Y� '� r .,. _ ... �'�t�i,;..,"�'d _`.__�- ��4?aG:i,_.C'1�� !,',r'Led@11.tol t?`18 fiTlcl`1(:i1lt_i such Ca 4t ,3 _.. ect., .!_A C°? ;.i(.11.ng compliance g°e1_th t.hc— .,proI ' , f" ;^� � n l e 1 '�" 7 Q 1 .-• l - ,. .: �:... � Cl ;� a �:..=i i; V . _: �C� .i � i Tl .. 1 t. a __ ;. u. � i i '�. i'' A.ct , ha-ve NOW Ti3;~,RERaR;;, .r5<. J_! RE:;r'!t.:112.) tJ?1' the 'r`O'G%n Boa-_rd of _:tE: "_':..':. Pc _ .G of i" art.,. ,s 1"; �_%�+''.,. _._ ( �; , Cor�_ land County, J,oun.t Y , New ;Jc .-k, as fo-Ile4vs . Section rc,. {^fAt t-'-. _ bjj-_ <'� p os "1t it g ___-- ,.. .. ��;.__._: '_i �C.� or k7.i"p e� L jJa_ 1.ia the cos t. C;_` 1..Ci� CClli st UC t10='? C ` the Starr Road rya+ C'r• .I l,protacl�n,er".. cons.. L: ti_:Cx C) he cor?str-uct:_o;._ f .f. . F, r t r twelve n L .. _. I G'p)pa'7i?if7?ca. :.r,''.�"�' '� 1�rJ kela'. J1. 1�1E'..47 ' N1�1t%e �_iL;��'i SJ�ICi4..'._ 1.l.ize a1.C)ncj ti ta!"L: Road fro -in c point near cmulkins _y NYS '215 ren1aC::_.n g a de'l_e.Ciorating six inch :gate; __.ne, nc 1. udiIII in,-C'Iuf n. l_t...,. i..lp1C)v9 mle LL t.' , il_ � appu r� es _,. A �n�rc expenser i__ c,�) i,Zc.tio--i t? ieivitth, at. a maximiz:r, e,st J_-niat-eu cost if e are ht re.':'i-,; %aut:hCi'"_ted' 10 ?,,e iss _zed $210 0 C sS11l i .i nIQS aa: thc- _'otall <; CUri:.1aT.IC�Vt�_'.,'Co 'ctz�d C_;rinty, Nel,'T Yor.k., pi;t1=S,a�-ili''... ;, t i p o r o v _.:_' ._ -4-_ ; i r j's F, c _l ?_ .' a':1; E. Law. Sec, i0% _ ?; _. _ ="E'; y `deter iin,2. 7 that "the - est -mate(fi:("F,.-, C:_ Sa.1t;__ S e C i f I' c C)b-iec 1 pj..�i- lose _.E y « 1G,ii0( :"ilw U?:at tl- _ t-i fc.r :h- f1:n1anci1 2'; tile'"Cofi is I)Z the, 1. is _,'-e '.i ?. A,isG :(;:2 110', 000 seria1 bf_7nds of r.�aif, � -town a11t_l�.r;,- C; � _ e� .:,._a_._ arLt to t�:�' �'���_ti ,_ _ _ : .i bo yC uC.tutii.!'.L, Sect i o, 0 l ,._ "u Jy t�.e'C � :1., necl that �%e pv_ i J; U: L pwc.babl., of th af o r esa_Jd s,peC-fic ob e` .. cr purpOs . _s .. „t-v yeai:' , ai..,'suLgn"!-- tC Su!" d visli o r,s paY'a rapn a E?G .__O ,. _. _.. l 0 Of PF3 OC _..L 11ici 11re .si �t 1erET_}"y" c. :t" = 1L. ;cr',.-r,+,' a,uav "L clte. a x l ath'_"'ltv, ;u iF. i '._a btu?.id he Y'f?7I1 L T hC?r 1 : et ?„i. exceed f:i cP ar, . 70 MAY 19, 1993 TOWN BOARD PAGE Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Cortlandville, Cortland County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Starr Road Water Improvement Area which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to the rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Cortlandville, Cortland County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and attested by the manual of facsimile signature of the Town Clerk. Section 7. The power 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 or she shall deem best for the interest of the Town including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she 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 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant- to paragraph c c Section 0.00 of the Local .�'Cinanci. law, no such c`"ia._ ges stall be so collected by the fiscal agent. Such bonds stall contain substantially the recital of validity clause provided for in section 52.00 of the Local N _i naT?ce lain and stall otherwise be in such form and contain such recitals in addition to those required b section _ion 52.00 1f the Local Finance Law, as the Supervisor ti,or shall determine. Section 9The Supervisor is hereby further authc rizod, at j":1s sole iiscretion to c"'.iiP.C".ute a lOcis agYE-'c?':entp a project: financing agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments ('or amendments thereto1 _n the e fectuFtion thereof, in order to effect the financing refinancing of the Specify, object or purpose described in Section 1 hereof, or a portion thereof, by a serial ; L ond issue of said Town in the aver'~+ of the sale of the same to t e New York State En i r onment:a. Facilities Corporation. Section 10. The intent of this resolution is, to give vas the Supervisor sufficient authority to execute those agreements, s, Anstrui ents or to do any similar acts necessary to effect the isouai"ce of the aforesaid serial r:+J$1ds withcut. resorting to further action of this Town Section 1I This _.asolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 -- 19(f), Other than as specified :in this resolution, no monies are, or are reasonably expected to be, reserved allocated on c long-term DaEisor otherwise se set aside with respect `o ct � the permanent f1`?n.dy i j of the object or purpose described herein. Section 12. The validity of such bonds and bond A_ anticipation no_es may he contested only if: 1 ) Such obligations are authorized for an object. or purpose for which said Town is not authorized to expend money. or 2) The provisions of law which should be complied wi th h at !aC'l".L: of publication of this r'GSOlu`CI.O?l are not - substantially complied with, and an action?, suit r proceedirg contesting such validity is commenced within t..VvcaTtt.y days After t'.Ile dc",1.te of such publication, ica't.' or} o 'J 3) Such obligations 3 I: e authorized in violation �� the prc v.i_s__..+n2 of the C: ns i itution. Section 1p This resolution, which takes effect immediately,pursuant to Section 35.00 (b) (2 and pursuant toSection 2 ? 1..i 09-<_ !-r 3) (* ) of the Town Law, 1 Cz N , a :7 yy the ma}{J.CI:Um estimated cost of said specific ec or >Llrpose Cues :not exceed one -tenth of one percent of the full valuation of the ta_ ab' e real property in the area of the n cat..Side 'r villages, sl all be � 1.�.blissh.�." t ii'+ .. dT-i)�; full in t"hu Cortland Standard, the � official icial newspaper, together_ with a notice of. the Town Clerk in substantially the form provided in Section 81.00 of t Local Finance Law. MAY 19, 1993 TOWN BOARD PAGE 8 RESOLUTION1. 494 AUTHORIZING THE ISSUANCE OF $222,000 SERIAL BONDS OF THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK, TO PAY THE COSTS OF THE CONSTRUCTION OF THE STARR ROAD SEWER IMPROVEMENT OF SAID TOWN Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, pursuant to proceeding heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated December 16, 1992, the Town Board of the Town of Cortlandville, Cortland County, New York, has established the Starr Road Sewer Improvement Area; and WHEREAS, it is now desired to authorize the issuance of $222,000 serial bonds of said Town to pay the cost of the construction of the Starr Road Sewer Improvement; and WHEREAS, all conditions precedent to the financing of such capital project, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; Now THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Cortlandville, Cortland County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of the Starr Road Sewer Improvement, consisting of the construction of approximately 4,500 feet of new sanitary sewer line in the area along Starr Road between Rt.13 and Owego Street, including incidental improvements, appurtenances and expenses in connection therewith, at a maximum estimated cost of $222,000, there are hereby authorized to be issued $222,000 serial bonds of the Town of Cortlandville, Cortland County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $222,000, and that the plan for the financing thereof is by the issuance of $222,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. 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. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes authorize the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to 'the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. 1 73 MAY 19, ici9�1 F� 0 21IR 'IE, -ecti-Lon 5. The -F a -'_ tand Credit of said 1'own of C o r -I- I a nC11 v I; I.-L e. C o r t I an c. :aunt ,,v IN'e -.v Y C) rk- are 'he,_­e;,_,),-r i r r e v o c a J-h I y x1; ed� a e d pay.ment of the princi-PaL of _C, �-he - aild interest o s , c h h, �, it -i s � a s t he same r e s 1p e c t i e I be c o, m e d -4 e an P a v a I e - h Fare shal he annua7 Iy a p p o r t 11 o n, eu a.i_+, a s 4s, e c, c1 upon the s e v a r a 1. -lots, andl parce1s C-1 a. -1; , U�7 h 1, n s, a i d S t a rr Foad S"evve, r 1 mm r c) v e m. P, n It Ar,,��a the T, ow -I Board shaj.1 de'�- L. e 1`1 e and -3 P e C i f t! e especial I-- bene-F4 _2 Eed ',Dy t 1, e a n a -n -t 5 -ti f 4: 9 n - p a y the -.)rJn,,c-'pa" mprcovements bU4- L and 1 's a n, (_�` �s, a s, tl-I e sa m. e b e c -o.m e a u _f- i f not a �f`ro i_ clri -,.�ource a I I t 1 1- -k-, -L . e t a x a e r e a P ro p e rt :be! subject to the _Ievy of 1 m-ta-ticn ad val-orem -rJ_ F_ hc, u 1E. Ii, as to i: a f_- e, c, r amount- 's-u)"f i 1J. e 1, -i a -,F the principal of and J _ n e L, e. s t o-n said a-:. IL -he saT:ie sha"LI 'Decome due. n 6. Sucl-i ')on­Jk.- dial -I be J ,, f i i 11 y r e g il s t e r e d f: c 1- 1P. and s ha- I I e s i g ned. iii t h E_; naMe 01 the T com + Cor�- 7 d � _L anv 11 Cc r"t 1,and C`ount Y, New York, by t i e m an U a1 0 r a C S i 1-. 6 n a t ti r e c f i-. h e S up e r v i so r a n d a f a c S:7- 0 IL 1tS j!,orperate seL1 s, ha 11 b e imp:,iinted or LLirinressed t'ilereo and F, t e d :':1 m a :a1 or a! s- -!.g n a t u T Section 7. 7 es 1- 4 .,i CU dut o f ad-ver s 1 r such bond�! cc ni duc I' ng IC-1-1 e sale and awardi:iig the 1) ozi ds F, 6 I-Iereh-y tsou- 4 `-ooe C, _l ha� -:rds f c, r s a I e co n d,,.i c t I-- 1-i e s a _n" _,e . a ad r IL b, award Lh-�� 1110,QC17- .1n, 5 -,_1 er as lie o_­ she s h a 1. ]. id e e -, r, h. e S or' Z t h e 'IF, o vn i i n c 1 u d I n g buIC n,:)t J_ 'JMited, seIl saird, bonds 1--o the ew vo,_-7r_ e Env,i,,, _menta'L Faci I its Co rpo r at on; prev -Jde,d h o w e vie r h,-i. -Ae e for 7.ce c, -j;f these de I e, g a t e d D; w erS e or s, w- -I- h I- he Prcv is ions o- the L L f t h e "t a t o Ca! F aw 0- o, 0 7.] i p `c.. r s a -1 e o. i,:iun c i P a 1 o n (-' s 7�,he r e c e f thle S e:� -L _ \7 S 01 shall be a 41,1 - I I acquitta_n__r,, 'k ,, � t11 p, c h a s e 2: o f such bonds, wl-.L--) s -',-;a -f n o' b. e o s e,�� lt- o t �1-4 P, a,,-, pI i c a. jr � on o f t .1"i e Parchiase racncy, Ser,t'jo.-I S. ple; , ot'hE:r 11-hal-_`,.-,��rS, oxcept as' rovided he reLat.'iLng tc i_-;1ac1-_, JL.-ne--,1ud.JL.n1g prescribing w"�-Iether manuai 0Z .13! 111 il - 03 s g n a t u r o sha-71 aDpear c n a-4- d', I) o n a. s r 4: S_ C 1 1.c 11-i Ji C� m P- t I I o ,:t f 0 trite recording o-F 4 owr nesh1-P I 4S I bc-, n ds, a D p o i -_n­ i L-in- the ---F -sea, agen`- o-c agent-s foa: a 1 21). 1 _,n d for the 1_-,rinti,.-ig a,L-i,,_' de I i v 1, co" s a i d I n d valid if 3 bonis are o I D e exec-ted r f t1.e �'-, T C, wn by the s i g n, a. t u r e 0 t S ID, or he an al t: ss fiscal agent. or of a des iGlilaced of f i c i a 3_ t3 the Town) f the- d Lz 1-- o denorri-i nati-Dns i,,.i a t- u r i t i in­e,;- ­ , , L .—, -eL- dates, i)lace or p1aces C) IF Pa yri 1 e 1) 1-- had al I s, r) JL.n c 11- i d i n g the C C1 n s o I. -IL -CA1 a t -ni w _4 t o t, 'r, e r -! s, s a,". I h e r i,,i i n e, d y t h e IS u p e r v JL* S o rt 4 . i S e, r e --'v m in e cl Co t, h e f i i,, a n J, advantage cf "'ow-,­ 0 eIf! C, S e and collecl*, ­rrm r e g 1 o e-2 fonds a n v cl-larrjelE for a i-,i a J , ng, 1 9 n u r n a ansfer:ed o- - j )onds trans (_:1 x c h a n ge, d !Lr Y J: a g e n t- an n, accordingly, pursuan- t 7 G 0 o -F the L o C a J_ 1,7 -1 n n n (-, e -'J i n'" L 4 aw , n o z-, h 90s e s. o C o 11 t e d b v sir f agent. U C... D 0 S, - j CIE s hal 1 c nt tin s,,A b s t a, It- e, 7 L -L, - 11 r t n, v �t -,,s, rz� p o v (f, e,,q f C),L -,-n section 52. r!O of lie "F a T, r! e d s h 7 c, 'I I - e r w J. .L se be 1.;1-i sulcll -1 1 o - *on tc th-se im a, n,.' a J. t ,_n -."U a I S in adclit-L r lie I-localL Fi nance Law, as the Su")e-­v sf-,, s_" d e ­ft n e W MAY 19, 1993 TOWN BOARD PAGE 10 Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with. the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9.0. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Town Board. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 - 18 (f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of -the object or purpose described herein. Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for and object or purpose for which said Town is not authorized to expend money, or 2) The provision of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13_ This resolution, which takes effect immediately, pursuant to section 35.00 (b) (2) and pursuant to Section 209-q (13) (a) of the Town Law, as the maximum estimated cost of said specific object or purpose does not exceed one -tenth of one percent of the full valuation of the taxable real property in the area of the Town outside of villages, shall be published in .fu]_1 in the Cortland Standard, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. RESOLUTION #95 AUTHORIZE CASH ADVANCE FOR CAPITAL PROJECT - STARR ROAD SEWER Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED ICE IT RESOLVED, the Budget Officer is hereby authorized and directed to make a cash advance from Sewer fund Surplus in the amount of $4,843.31 and transfer to the Starr Road Sewer Improvement Project. MAY J11-9, -T, 0 Tv 7 N B () R 11, PACE 11' RESOLUT10"I #96 !:�TTTHORIZE BUDGET TRANSFER 110 +Jon 1-v Councilmc an Roco ,1 Seconded by Councilman O'Donnell VOTES "" AYE ADOPTED - 1,1ALL' , BE IT RESOL""rED, 1-he Budget Officer is hereby authorized and directed to transfer $3,332.50 from General Fund A, A 19 0 0 . A- 1 Ccnt 4 -Igp- C and transfer to Genes: al Fn ud A accounts as follows: 213.50 A1440.2 Eg-lreer cfuipme.,nt Al. 1110 10 jury Trials $ 119.00 l-i o, nnce u,c,e-rvisor Thorpe a_n. t_d that on Tuesday al2 199' at e M-,'-4raw 0-1 (� _W i r e Station, the Cis land A- C ort n t y Fe,,-mi ly Suppcort Group will be . presei, - 4 , 1- -111- 1 ng a zcroll showing th�-_ natmes of t1he nien a-nd lv;cmen who served during Operatic)n 1114 0 Storm. C C) 1LI iA C, 11 ­-1 i a, r R o c- c o made a mo t 41 0 n. , seconded !?v C o ur c i I il i a T a s a 0 L" ,_3 c C_ SS the regular meeting, onveT.­ to ai­ Gxe cut J ve session to discuss a matter of pendl ng l it -j a t i (---, i i Al I v ,-, t i n g aye, the motion w`cis carried, An was held with Dr. Lee Ambro_e and "Ittorney, Williai-,i Pomeroy. Cot nf--ill.1t,i.n Te'c"t-a made a motion, seconded, by Councilman O'Donnell-, adjourn the executive session and convene motion was the Regular Meeting. carried. All voting aye, the I RESOLUTION #97 AUTHORTZE THE REQUEST OF DR� LEE TO ACKNOWLEDGE HIS "ITETTER AND REQUEST REVIEW OF WATER BENEFIT CHARGES M M otion by Cou,=Jlman Rocco Secondeld by Councilman O'Donnell ATT 2�YE "ITOTE — ij __ 1'3: ADOPTED WHEREAS, ies located wLthin the Reriaissance 1 Subdi' V4 _Lvicn have b3en charged the appropriate wat_r unit tax ir a c. c r. _1­ n. ce- t,V, h tncT o w n s rules a n d r e g u 1 a t on a n d WHEREAS, , Dr I'las requested the revie-.,.; these charg,s In a-:­daInh t vis Let ero a v 199C), 10 -F BE `L` RESOLVEID, tLe To�l,_. Board dces acknow-!edge -!-he n correspodence of May 9, 19-90, and request the Assessor 4 to przpar l? �2_ i i C1 u bl t a p r o p o s E, d solution regard...11g c. !,. ar g e s cf vv a `L e r b e n fit tax eri thin Renaissance I I-u 'r,. di I/ J !� i (, I I , Cou.ncil.-ilian Rlocco rr,, a if e a miotion seconded ClCouncilmar 0 ' D o ri n e 1, 1- adJoU Ir p _ 4 �- h e :Regular M e et 4 All voting., a­,,7&,, the ilio'Cion, was carried. The Gj'a.s ;:;.djourne If _-E,,t 6:20 p.m. e s I r;;S fi �y Subm- 4- �1- Paulinc- K. Parker, CnC Town Clerk Town of Cort-landville