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HomeMy WebLinkAbout06-07-199573 JUNE 07, 1995 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at 7:00 p.m. at the Town Hall, 3577 Terrace Road, Cortland, New York with Supervisor Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell ® Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present were: Town Attorney, John Folmer, Highway Supervisor, Carl Bush; Town Typist, Edna Puzo; and many residents from the Westmore Lane area and News Reporter, Lisa Hutchurson. The Meeting was called to order by Supervisor, Raymond Thorpe at 7:00 p.m. RESOLUTION #110 AWARD BID FOR NEW ROCKWELL METERS AND REMOTES TO SENSUS TECHNOLOGIES, INC., OF UNIONT_OWN_ PA. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Water Supt., Carl Bush, was authorized per Resolution #104 adopted on May 17, 1995, to let out bids for new Rockwell Water Meters & Remotes, and WHEREAS, one bid was returned and opened on June 07, 1995, from Sensus Technologies, Inc., 450 North Gallatin Avenue, P.O. Box 487, Uniontown, PA 15401, and WHEREAS, Water Supt., Carl Bush, has reviewed the bid schedule received, and recommended acceptance, therefore BE IT RESOLVED, the bid is hereby awarded to Sensus Technologies, Inc. for new water meters and remote readers. Supervisor Thorpe advised that an Informational Session will be held concerning the proposed purchase of ® a residential group home at 4086 Westmore Lane by Cortland County Chapter NYSARC Inc. He opened the session by reading a letter signed by the residents of Westmore Lane stating their concerns. They were: Fire Safety, Public Health Concerns relating to the septic system, Isolation, (no sidewalks) and Road Maintenance, such as parking and because it is a dead- end street, there is only one access. Mr. Darrell Newvine, Executive Director of the NYSARC, Cortland Chapter, addressed the Board Members and the residents present. He explained the process of site selection and the NYS Mental Hygiene Law. He advised that the eight residents, with an age range from 19 to 76, are currently living at a group home located on Court Street in the City of Cortland. It was there intent to have accomplished the needed changes sooner, however, due to the delay of approval of the State Budget, this project has been delayed. Because of this, other alternatives were reviewed, such as 74 JUNE 07, 1995 TOWN BOARD MEETING PAGE 2 looking at other Real Estate available in the area. It was decided that the property at 4086 Westmore Lane would be the best alternative. Other considerations were mentioned. The concerns presented by the local residents were seriously questioned by Board members. It was a consensus that these issues have not been thoroughly reviewed. Mr. Newvine reported that a Fair Market Study and the Feasibility Study should be completed soon, and concerns can be better answered at that time. Town Board Members questioned the number of such homes being placed in the Town of Cortlandville. A discussion was held concerning the saturation issue. Many concerns were heard from Town Board members relating to their location selection and the process. The Feasibility Study should have been completed before the time process is initiated. The letter was received on May 18, 1995. We have 40 days to respond. The concerns heard from residents for this location relates to the Health and Safety issues for the residents, not an objection of the ,program or the residents. Other alternatives and objections of the Town Board were discussed. RESOLUTION #111 AUTHORIZE TOWN ATTORNEY TO REVIEW THE RULES AND PROCEDURES OF THE NYS :MENTAL HYGIENE LAW Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Notification has been received from the Cortland County Chapter, NYSARC, Inc. of their intent to establish a group home for eight adults at 4086 Westmore Lane, and WHEREAS, an Informational Session was held and many concerns were heard relating to this site location, therefore BE IT RESOLVED, The Town Attorney is hereby authorized and directed to review the rules and procedures of the NYS Mental Hygiene Law of the following and report his findings back to the Town Board at their next Regular Meeting, scheduled for June 21, 1995: 1. Is it possible to obtain an extension of the 40 day period of time, to encompass a period of time to review the Feasibility Study, and 2. Can the Town Attorney develop a legal theory upon which a reasonable chance of filing an objection, under this statue, can be developed. Councilman Rocco made a motion, seconded by Councilman Pilato, to approve, as written, the Town Board minutes of April 05, 1995. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve, as written, the Town Board Public Hearing, and Special Meeting minutes of April 12, 1995. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by COuncilman Rocco, to receive and file the Cortlandville Planning Board Minutes of April 25, 1995. All voting aye, the motion was carried. is 1 • 7-0 JUNE 07, 1995 RESOLUTION #112 TOWN BOARD MEETING PAGE 3 AUTHORIZE PAYMENT OF VOUCHERS JUNE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT audited RESOLVED, that the vouchers submitted and shall be have been paid as follows: General Fund A Vouchers #225 - 252 $ 9,556.94 ® General Fund B 53 - 64 $13,060.15 Highway Fund DB 185 - 214 $30,463.70 Water Fund 131 - 142 $ 2,702.64 Sewer Fund 68 - 76 $ 2,916.61 Capital Projects 23 - 24 $ 125.10 RESOLUTION #113 APPROVE PLUMBERS APPLICATION OF WILLIAM KIMBALL FOR WATER AND SEWER CONNECTIONS WITHIN THE TOWN Motion by Councilman Rocco Seconded by COuncilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by William Kimball, 2217 Route 215, Cortland, NY, for approval to install water and sewer services in the Town, and WHEREAS, such application included references and previous experience, as required, and reviewed and recommended by Water Supt., Carl Bush, therefore BE IT RESOLVED, the application submitted by William Kimbell is hereby approved, and shall be added to the approved plumbers list. Reports for the month Clerk, Tax Collector, Code Supervisor are on the table Town Clerk's office. of May 1995 of the Town Enforcement Officer, and the for review, and filed in the Councilman O'Donnell made a motion, seconded by Councilman Rocco, to acknowledge receiving a thank you note from Mrs. Dexter Paddock. All voting aye, the motion was carried. ® Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a copy of the complaint notice received from New York Telephone objecting to the Tentative Special Franchise Assessment for the 1995 Tax roll. All voting aye, the motion was carried. Attorney Folmer apprised Board members that this was received by Mrs. Parker on June 6, 1995. Included in the information received was information that a hearing was scheduled for June 6, 1995. This should not happen. Attorney Folmer requested that the Board members hold an executive session at the end of this meeting to discuss acquisition of real property. 7 JUNE 07, 1995 TOWN BOARD MEETING PAGE 4 RESOLUTION #114 AUTHORIZE HIRING OF TEMPORARY COURT CLERK DUE TO A MATERNITY LEAVE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, there is a temporary vacancy in the Justice Department due to Mary Caufield's maternity leave, therefore BE IT RESOLVED, the Town Justice, Mardis Kelsen, is hereby authorized to hire David Alexander, 1911 Riley Road, Cortland, NY, as Temporary Court Clerk, effective May 15, 1995 for training and full-time at $8.25 per hour, less summer class hours, with no employee benefits, until the return of Mrs. Caufield. RESOLUTION #115 RECEIVE AND REFER PETITION TO LOWER SPEED LIMIT ON HIGHLAND ROAD TO THE COUNTY AND NYS DOT FOR APPROVAL Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a petition was submitted to the Town Board from the residents of Highland Road, requesting the speed limit be lowered to 30 mph, due to excessive speeding in the area, and WHEREAS, Highland Road is designated as a Town Road, therefore BE IT RESOLVED, the Town Board shall hereby acknowledge such petition, and shall receive and file, and forward the petition to the County Highway Superintendent, for review and recommendation, and then forward to the New York State Department of Transportation, for review and approval A discussion was held regarding a letter received from Attorney Charles E. Shafer who represents Mr. John Buck. Mr. Buck constructed a commercial building on Route 11 in Polkville, and installed a sewer line to his building, in compliance with Town specifications. Mr. Buck is considering future development and would like to dedicate the sewer line and road to the Town and would like compensation for his expense of the sewer line. It was the consensus of the Town Board that the • cost of installing sewer lines is the responsibility of the property owner. No action was taken Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the letter. All voting aye, the motion was carried. RESOLUTION #116 APPROVE PLUMBERS APPLICATION OF EVERETT ALLINGTON JR. FOR WATER AND SEWER CONNECTIONS WITHIN THE TOWN Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Everett 77 JUNE 07, 1995 Allington Jr., for approval to Town, and TOWN BOARD MEETING PAGE 5 6327 E. Homer Baltimore Road, Homer, NY, install water and sewer services in the WHEREAS, such application included references and previous experience, as required, and recommended by Water Supt., Carl Bush, therefore BE IT RESOLVED, the application submitted is hereby approved, and shall be added to the approved plumbers list. Supervisor Thorpe reported that he has requested Councilman Testa, who has agreed, to organize a committee, and obtain funds, by donations, to make the Blodgett Mills Park more attractive, usable and desirable. Accomplishing in this manner will not be of cost to the taxpayers of the Town. A discussion was held regarding the closing of the Bennett Street bridge, located in the Village of McGraw. The County has closed the bridge due to deterioration of the bridge. The Village Board has requested our Town Board to meet with them to discuss the problem. Councilman O'Donnell offered to attend the next Village Board meetings, to represent the Town. The different alternatives presented by County Highway Supt, Walt Tennant, was reviewed. The Town Board can be supportive of the Village Board, but they will have to make the decision. Attorney Folmer, as a resident of the Village and past member of the McGraw School Board, shared the concerns and needs of the community relating to the situation. When school is in session, closing of the bridge creates a serious problem for those children attempting to get to school. Councilman O'Donnell will report back to this Board. A discussion was held regarding the NYS DOT proposing to take ownership of the roadway that borders their property where the NYS Dot garage is located in Polkville. Highway Superintendent, Carl Bush, advised that the Polkville Road goes behind our property and is currently not used for anything. They want to acquire this and use the roadway, of which he has no objections. RESOLUTION #117 AUTHORIZE PURCHASE AND PAYMENT TO ® ACCEPT THE CONVEYANCE FOR PROPERTY LOCATED AT THE END OF BACON ROAD, TAX MAP #98.00-01-40.000 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Cortland County took ownership of tax map #98.00-01-40.000 for property located at the end of Bacon Road, due to delinquent taxes dated November 21, 1994, and WHEREAS, per Resolution #102 adopted on May 3, 1995, the Town of Cortlandville Highway Supt. was authorized to submit a request to purchase the property, and WHEREAS, approval of the request has been received from the County Legislature, therefore (B JUNE 07, 1995 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby authorize the purchase and accept the conveyance of a Quit Claim Deed for parcel #98.00-01-40.000, located at the end of Bacon Road, and authorize payment in the amount of $261.04. RESOLUTION #118 ,AUTHORIZE INSTALLATION OF THREE STREET LIGHTS ON SLEEPY HOLLOW ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the residents of Sleepy Hollow Road have requested street lights be installed on Sleepy Hollow Road, therefore BE IT RESOLVED, the Town Board does hereby authorize Highway Supt., Carl Bush, to request Niagara Mohawk to install three street lights on Sleepy Hollow Road. RESOLUTION #119 APPROVE BOND RESOLUTION FOR APPROPRIATING $74,000 FOR LYNCORT DRIVE WATER IMPROVEMENT AND THE ISSUANCE OF SERIAL BONDS Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and "Town" respectively), proposes to construct a water improvement within a portion of the Town outside of any Villages, consisting of new water mains and services for a distance of approximately 2,000 feet to provide service for residential owners in said portion (the "Lyncort Drive Water Improvement"), including original equipment, machinery and apparatus required in connection therewith, at the estimated maximum cost of $74,000, all within such unincorporated portion of the Town, which portion has been determined to be the benefited area (herein referred to as the "Benefited Area"), pursuant to Article 12-C of the Town Law, in accordance with the map, plan and report prepared therefore by Hayne Smith, competent engineer duly licensed by the State of New York, heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to construct said Lyncort Drive Water Improvement, and ordered that such water improvement be constructed at the estimated maximum cost of $74,000; and WHEREAS, the Town Board has reviewed and completed the SEQRA, Short Environmental Assessment Form and Declare that the Lyncort Drive Water Improvement has no environmental impact; and WHEREAS, permission of the New York State Comptroller is not required with respect hereto, the amount of $74,000 being less that one -tenth of one percentum of the full valuation of the taxable real property in the Town, outside of any Villages; Now, therefore, be it 1 1 • 1 RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, 119 JUNE 07, 1995 TOWN BOARD MEETING PAGE 7 IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less that two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $74,000 for the construction of the Lyncort Drive Water Improvement, including original equipment, machinery and apparatus required in connection therewith, all within the unincorporated area of the Town outside of any Villages, which area has been ® determined to be the benefited area (herein referred to as the "Benefited Area"), all in accordance with the map, plan and report prepared therefore by Hayne Smith, competent engineer duly licensed by the State of New York, on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Lyncort Drive Water Improvement, including preliminary costs and costs incidental thereto and to the financing thereof, is $74,000 which is planned to be financed by the issuance of $74,000 serial bonds of the Town to said cost, and the levy and collection of special assessments from the several lots and parcels of land within such Benefited Area to be collected in the same manner as other Town charges are collected from the several lots and parcels of land which lie and are located within the boundaries of the Benefited Area, as the same may be offset by water rates, charges and fees upon all lots or parcels heretofore, and hereafter serviced, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $74,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which the bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date ® of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.110-2 of the United States Treasury Department. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision s0 JUNE 07, 1995 TOWN BOARD MEETING PAGE 8 shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Section 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and any action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. The Town Clerk of the Town of Cortlandville, in the County of Cortland, New York, is hereby directed to publish the foregoing bond resolution, in full, in the "CORTLAND STANDARD," a newspaper published in Cortland, New York, having a general circulation within the Town and hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State • of New York. RESOLUTION #120 APPROVE BOND RESOLUTION FOR APPROPRIATING $304,000 FOR NYS ROUTE 222 WATER IMPROVEMENT AND THE ISSUANCE OF SERIAL BONDS Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and "Town" respectively), proposes to construct a water improvement within a portion of the Town outside of any Villages, consisting of an extension to existing water mains in a westerly direction along Route 222 for 6 1 JUNE 07, 1995 TOWN BOARD MEETING PAGE 9 a distance of approximately 7,400 feet to provide service for additional residential and commercial residents of said area (the "Route 222 Water Improvement"), including original equipment, machinery and apparatus required in connection therewith, at the estimated maximum cost of $304,000, all within such unincorporated area of the Town, which portion has been determined to be the benefited area (herein referred to as the "Benefited Area"), pursuant to Article 12-C of the Town Law, in accordance with the map, plan and ® report prepared therefore by Hayne Smith, competent engineer duly licensed by the State of New York, heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to construct said Route 222 Water Improvement, and ordered that such water improvement be constructed at the estimated maximum cost of $304,000; and WHEREAS, the Town Board has reviewed and completed the SEQRA, Short Environmental Assessment Form and Declare that the Route 222 Water Improvement has no environmental impact; and WHEREAS, permission of the New York State Comptroller is not required with respect hereto, the amount of $304,000 being less that one -tenth of one percentum of the full valuation of the taxable real property in the Town, outside of any Villages; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less that two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $304,000 for the construction of the Route 222 Water Improvement, including original equipment, machinery and apparatus required in connection therewith, all within the unincorporated area of the Town outside of any villages, which area has been determined to be the benefited area (herein referred to as the "Benefited Area"), all in accordance with the map, plan and report prepared therefore by Hayne Smith, competent engineer duly licensed by the State of New York, on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Route 222 Water Improvement, including preliminary costs and costs incidental thereto and to the financing thereof, is $304,000 which is planned to be financed by the issuance of $304,000 serial bonds of the Town to said cost, and the levy and collection of special assessments from the several lots and parcels of land within such Benefited Area to be collected in the same manner as other Town charges are collected from the several lots and parcels of land which lie and are located within the boundaries of the Benefited Area, as the same may be offset by water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $304,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws ofthe State of New York (herein called "Law"), to finance said appropriation. 82 JUNE 07, 1995 TOWN BOARD MEETING PAGE 10 Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which the bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Section 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such 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 • 11 • 1 33 JUNE 07, 1995 TOWN BOARD MEETING PAGE 11 (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. The Town Clerk of the Town of Cortlandville, in the County of Cortland, New York, is hereby directed to publish the foregoing bond resolution, in full, in the "CORTLAND STANDARD," a newspaper published in Cortland, New York, having a general circulation within the Town and hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. RESOLUTION #121 APPROVE BOND RESOLUTION FOR APPROPRIATING $800,000 FOR MID -TOWN SEWER IMPROVEMENT AND THE ISSUANCE OF SERIAL BONDS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and "Town11 respectively), proposes to construct a sewer improvement for the Cortlandville mid -town area adjacent to Starr Road within a portion of the Town outside of any Villages, consisting of the construction of approximately 13,303 feet of new sanitary sewer mains and laterals in the said area (the "Mid -Town Sewer Improvement"), including original equipment, machinery and apparatus required in connection therewith, at the estimated maximum cost of $800,000, all within such unincorporated area of the Town, which area has been determined to be the benefited area (herein referred to as the "Benefited Area"), pursuant to Article 12-C of the Town Law, in accordance with the map, plan and report prepared therefore by Hayne Smith, competent engineer duly licensed by the State of New York, heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to construct said Mid -Town Sewer Improvement, and ordered that such sewer improvement be constructed at the estimated maximum cost of $800,000; and WHEREAS, the Town Board has reviewed and completed the SEQRA, Short Environmental Assessment Form and Declare that the Mid -Town Sewer Improvement has no environmental impact; and WHEREAS, approval of Mid -Town Sewer Improvement in accordance with the description thereof set forth in the resolution of the Town adopted on January 20, 1993, at a cost not to exceed $800,000, has been granted by the New York State Comptroller pursuant to his order date August 12, 1994; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less that two-thirds of all the members of said Town Board) AS FOLLOWS: 8 JUNE 07, 1995 TOWN BOARD MEETING PAGE 12 Section 1. The Town hereby appropriates the amount of $800,000 for the construction of the Mid -Town Sewer Improvement, including original equipment, machinery and apparatus required in connection therewith, all within an unincorporated portion of the Town outside of any villages, which portion has been determined to be the benefited area, as hereinbefore referred to in the Recitals hereto, all in accordance with the map, plan and report prepared therefore by Hayne Smith, competent engineer duly licensed by the State of New York, on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Mid -Town Sewer Improvement, including preliminary costs and costs incidental thereto and to the financing thereof, is $800,000 which is planned to be financed by the issuance of $800,000 serial bonds of the Town to said cost, and the levy and collection of special assessments from the several lots and parcels of land within the Benefited. Area so much upon and from each as shall be in just proportion to the amount of benefit which the improvements shall confer upon such lots and parcels of land, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $800,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which the bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. 1 • 1 Section 5. Subject to the provisions of this JUNE 07, 1995 TOWN BOARD MEETING PAGE 13 resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Section 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such 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 (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. The Town Clerk of the Town of Cortlandville, in the County of Cortland, New York, is hereby directed to publish the foregoing bond resolution, in full, in the "CORTLAND STANDARD," a newspaper published in Cortland, New York, having a general circulation within the Town and hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. RESOLUTION #122 APPROVE BOND RESOLUTION FOR APPROPRIATING $40,000 FOR KINGSLEY AVENUE WATER IMPROVEMENT AND THE ISSUANCE OF SERIAL BONDS Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and "Town" respectively), proposes to construct a water improvement within a portion of the Town outside of any Villages, consisting of the replacement of 500 feet of existing undersized water mains (the "Kingsley Avenue Water Improvement"), including original equipment, machinery and apparatus required in connection therewith, at the estimated maximum cost of $40,000, all within such unincorporated area of the Town, which portion has been determined to be the benefited area (herein referred to as the "Benefited Area"), pursuant to Article 12-C of the Town Law, in �J JUNE 07, 1995 TOWN BOARD MEETING PAGE 14 accordance with the map, plan and report prepared therefor by Hayne Smith, competent engineer duly licensed by the State of New York, heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to construct said Kingsley Avenue Water Improvement, and ordered that such water improvement be constructed at the estimated maximum cost of $40,000; and WHEREAS, the Town Board has reviewed and completed the SEQRA, Short Environmental Assessment Form and Declare that the Kingsley Avenue Water Improvement has no environmental impact; and WHEREAS, permission of the New York State Comptroller is not required with respect hereto, the amount of $40,000 being less than one -tenth of one percentum of the full valuation of the taxable real property in the Town, outside of any villages; Now, therefore, be it RESOLVED BY THE TOWN BOARD C IN THE COUNTY OF CORTLAND, of not less that two-thirds Town Board) AS FOLLOWS: F THE TOWN OF CORTLANDVILLE, NEW YORK (by favorable vote of all the members of said Section 1. The Town hereby appropriates the amount of $40,000 for the construction of the Kingsley Avenue Water Improvement, including original equipment, machinery and apparatus required in connection therewith, all within the unincorporated area of the Town outside of any villages, which area has been determined to be the benefited area (herein referred to as the "Benefited Area", all in accordance with the map, plan and report prepared therefor by Hayne Smith, competent engineer duly licensed by the State of New York, on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Kingsley Avenue Water Improvement, including preliminary costs and costs incidental thereto and to the financing thereof, is $40,000 which is planned to be financed by the issuance of $40,000 serial bonds of the Town to said cost, and the levy and collection of special assessments from the several lots and parcels of land within such Benefited Area to be collected in the same manner as other Town charges are collected from the several lots and parcels of land which lie and are located within the boundaries of the Benefited Area, as the same may be offset by water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $40,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which the bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years. I is 1 n U 1 87 JUNE 07, 1995 TOWN BOARD MEETING PAGE 15 (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Section 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such 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 (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. The Town Clerk of the Town of Cortlandville, in the County of Cortland, New York, is hereby directed to publish the foregoing bond resolution, in full, in the "CORTLAND STANDARD," a newspaper published in Cortland, New York, having a general circulation within the Town and hereby designated as the official newspaper of the Town for 33 JUNE 07, 1995 TOWN BOARD MEETING such publication, together with the statutory notice in substantially the form by Section 81.00 of the Local Finance Law of New York. PAGE 16 Town Clerk's as prescribed of the State RESOLUTION #123 .APPROVE BOND RESOLUTION FOR APPROPRIATING $116,700 FOR THE LUKER ROAD SEWER IMPROVEMENT AND THE ISSUANCE OF SERIAL BONDS Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and "Town" respectively), proposes to construct a sewer improvement for the Cortlandville area of Luker Road, within a portion of the Town outside of any Villages, consisting of the construction of an extension to existing sewer mains in a westerly direction along Luker Road for a distance of approximately 1,300 feet to provide service for additional residential and commercial residents of said area (the "Luker Road Sewer Improvement"), including original equipment, machinery and apparatus required in connection therewith, at the estimated maximum cost of $116,700, all within such unincorporated area of the Town, which area has been determined to be the benefited area, (herein referred to as the "Benefited Area"), pursuant to Article 12-C of the Town Law, in accordance with the map, plan and report prepared therefore by Hayne Smith, competent engineer duly licensed by the State of New York, heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to construct said Luker Road Sewer Improvement, and ordered that such sewer improvement be constructed at the estimated maximum cost of $116,700; and WHEREAS, the Town Board has reviewed and completed the SEQRA, Short Environmental Assessment Form and Declare that the Luker Road Sewer Improvement has no environmental impact; and WHEREAS, permission of the New York State Comptroller is not required with respect hereto, the amount of $116,700 being less than one -tenth of one percentum of the full valuation of the taxable real property in the Town, outside of any villages; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less that two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $116,700 for the construction of the Luker Road Sewer Improvement, including original equipment, machinery and apparatus required in connection therewith, all within an unincorporated area of the Town outside of any villages, which area has been determined to be the benefited area,(as hereinbefore referred to in the Recitals hereto), all in accordance with the map, plan and report prepared therefor by Hayne Smith, competent engineer duly licensed by the State of New York, on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The CJ LJ • 1 89 JUNE 07, 1995 TOWN BOARD MEETING PAGE 17 estimated maximum cost of construction of said Luker Road Sewer Improvement, including preliminary costs and costs incidental thereto and to the financing thereof, is $116,700 which is planned to be financed by the issuance of $116,700 serial bonds of the Town to said cost, and the levy and collection of special assessments from the several lots and parcels of land within the Benefited Area so much upon and from each as shall be in just proportion to the amount of benefit which the improvements shall confer upon such lots and parcels of land, to pay the principal of and interest on ® said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $116,700 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which the bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Section 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation �gtes are hereby delegated to the Supervisor, the chief kcal officer o he own. 97 JUNE 07, 1995 TOWN BOARD MEETING PAGE 18 Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and any action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. The Town Clerk of the Town of Cortlandville, in the County of Cortland, New York, is hereby directed to publish the foregoing bond resolution, in full, in the "CORTLAND STANDARD," a newspaper published in Cortland, New York, having a general circulation within the Town and hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. Councilman Testa made a motion, seconded by Councilman Pilato, to recess the regular meeting and convene to an executive session to discuss a matter of land acquisition. All voting aye, the motion was carried. The following information was received from the Supervisors Office. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the executive session and reconvene to the regular meeting. All voting aye, the motion was carried. RESOLUTION #124 AUTHORIZE SUPERVISOR TO EXECUTE AN PURCHASE AGREEMENT FOR THE PURCHASE OF LAND FOR THE TOWN Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized. to sign a purchase agreement for a land purchase for the Town. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:40 p.m. R se ctfully�subm'tted, I Pauline H. Parker, CMC Town Clerk Town of Cortlandville