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
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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
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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.
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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.
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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
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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
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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
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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
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RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE,
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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
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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
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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.
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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
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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.
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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.
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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
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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