HomeMy WebLinkAbout06-05-1996245
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JUNE 05, 1996
7:00 P.M.
REX RADIO & TELEVISION, INC. - AQUIFER PERMIT
A Public Hearing was held by the Town Board of the
Town of Cortlandville on June 05, 1996 at 1:00 p.m. at
the Cortlandville Town Hall, 3577 Terrace Road,
Cortland, New York, concerning an Aquifer Permit for Rex
Radio & Television, Inc. to construct a Retail
Electronics and Appliance Facility to be located on NYS
Route 281 (Tax Map #95.16-01-18.000, and 95.16-01-
20.000) property owned by Melvin & Phil Simon.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Pauline Parker
Absent:
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer;
Highway Supt, Carl Bush; Town Typist, Edna Puzo;
representing 84 Lumber, Patrick O'Brian; representing
Rex Television & Appliances, David Yaman, Melvin Simon
and Engineer, Gary Wood; and Newsreporter, Sarah Fulmer.
Supervisor Thorpe called the Public Hearing to
order at 7:00 p.m.
The Town Clerk read aloud the Legal Notice, as
posted and filed.
Supervisor Thorpe offered those in attendance
privilege of the floor.
Supervisor Thorpe stated that County and Town
Planning Boards have reviewed and recommended approval
of this application.
No other questions or comments were heard.
Councilman Testa made a motion, seconded by
Councilman Pilato to close the Public Hearing. All
voting aye. The motion was carried.
The Public Hearing was closed at 7:10 p.m.
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JUNE 05, 1996
PUBLIC HEARING
7:00 P.M.
PIERCE HARDY LIMITED PARTNERSHIP - AQUIFER PERMIT
A Public Hearing was held by the Town Board of the
Town of Cortlandville on June 05, 1996 at 7:00 p.m. at
the Cortlandville Town Hall, 3577 Terrace Road,
Cortland, New York, concerning an Aquifer Permit for
Pierce Hardy Limited Partnership, to construct a Retail
Lumber Store with outside covered storage for lumber •
products to be located at 795,801 Route 13 (Tax Map
#105.00-01-21.000, and 105.08-01-09.000) property owned
by Lawrence & William Ellis.
Members present: Supervisor, Raymond Thorpe
Councilman,
Theodore Testa
Councilman,
Edwin O'Donnell
Councilman,
John Pilato
Town Clerk,
Pauline Parker
Absent:
Councilman,
Ronal Rocco
Others present were: Town Attorney,
John Folmer;
Highway Supt, Carl Bush;
Town Typist,
Edna Puzo;
representing 84 Lumber,
Patrick O'Brian;
representing
Rex Television & Appliances, David
Yaman, Melvin Simon
and Engineer, Gary Wood;
and Newsreporter,
Sarah Fulmer.
Supervisor Thorpe
called the
Public Hearing to
order at 7:10 p.m.
The Town Clerk read aloud the Legal Notice, as
posted and filed.
Supervisor Thorpe offered those in attendance
privilege of the floor.
Supervisor Thorpe stated that County and Town
Planning Boards have approved this application, with
conditions, as set forth by the County Planning Dept.
He read those conditions.
Questions asked by Town Board members relating to
the project were answered by Patrick O'Brien.
No other questions or comments were heard.
Councilman Testa made a motion, seconded by
Councilman Pilato to close the Public Hearing. All
voting aye. The motion was carried.
The Public Hearing was closed at 7:15 p.m.
2 4 7
JUNE 05, 1996
7:00 P.M.
The Regular Meeting of the Town Board of the Town
of Cortlandville was held at the Town Hall, 3577 Terrace
Road, Cortland, New York, with Supervisor Raymond Thorpe
presiding, following two Public Hearings.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Pauline Parker
Absent: Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer;
Highway Supt, Carl Bush; Town Typist, Edna Puzo; Village
of McGraw Mayor, Jack Fitch and Deputy Mayor, Ted Doty;
representing 84 Lumber, Patrick O'Brian; representing
Rex Television & Appliances, David Yaman, Melvin Simon
and Engineer, Gary Wood; and Newsreporter, Sarah Fulmer.
Supervisor Thorpe called the Regular Meeting to
order at 7:15 p.m., following two Public Hearings.
Councilman Pilato made a motion, seconded by
Councilman O'Donnell, to approve, as written, the Town
Board Minutes of April 03, 1996. All voting aye, the
motion was carried.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the Cortlandville
Planning Board Minutes of April 30, '1996. All voting
aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by
Councilman Pilato, to receive and file the Cortlandville
Zoning Board of Appeals of April 23, 1996. All voting
aye, the motion was carried.
RESOLUTION #115 AUTHORIZE PAYMENT OF VOUCHERS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund
A
Vouchers #327
- 354
$10,776.37
General Fund
B
50 -
64
$ 5,785.98
Highway Fund
DA
1
$ 300.00
Highway Fund
DB
203 -
224
$15,853.57
Water Fund
127 -
139
$ 5,423.51
Sewer Fund
92 -
101
$ 6,866.04
Reports for the month of April, 1996 from the
Justice Department and the month of May 1996 from the
Town Clerk, Tax Collector and Supervisor are on the
table for review, and filed in the Town Clerk's Office.
JUNE 05, 1996 TOWN BOARD MEETING PAGE 2
RESOLUTION #116 DECLARE NEGATIVE IMPACT FOR REX
RADIO & TELEVISION, INC. AQUIFER
PERMIT #5 OF 1996
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Special Permit application was
submitted by Rex Radio & Television, Inc. for the
construction of a retail Electronic and Appliance
Facility to be located on NYS Route 281, and
WHEREAS, a Public Hearing was duly held by the Town
Board, and
WHEREAS, the Town Board, as Lead Agent, duly reviewed
and completed the Short Environmental Assessment Form,
therefore
BE IT RESOLVED, -the Town Board, as Lead Agent, does
hereby declare the proposed project of Rex Radio &
Television, Inc. shall have no significant environmental
impact and further
RESOLVED, the Supervisor is hereby authorized and
directed to sign the SEQRA application.
RESOLUTION #117 APPROVE AQUIFER PERMIT #5 OF 1996
FOR REX RADIO & TELEVISION INC
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Board and the
Cortlandville Planning Board have reviewed and
recommended approval of this application, therefore
BE IT RESOLVED, the Town Board does hereby approve
Aquifer Permit #5 of 1996, submitted by Rex Radio &
Television, Inc. to be located at NYS Route 281, and
further
RESOLVED, the Supervisor is hereby authorized and
directed to sign the permit.
RESOLUTION #118 DECLARE NEGATIVE IMPACT FOR PIERCE
HARDY LIMITED PARTNERSHIP AQUIFER
PERMIT #4 OF 1966
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Special Permit application was
submitted by Pierce Hardy Limited Partnership for the
construction of a retail Lumber Store, known as 84
Lumber, with outside covered storage for lumber products
to be located at 795-801 Route 13, and
WHEREAS, a Public Hearing was duly held by the Town
Board, and
WHEREAS, the Town Board, as Lead Agent, duly reviewed
and completed the Short Environmental Assessment Form,
therefore
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JUNE 05, 1996 TOWN BOARD MEETING
PAGE 3
BE IT RESOLVED, the Town Board, as Lead Agent, does
hereby declare the proposed project of Pierce Hardy
Limited Partnership shall have no significant
environmental impact and further
RESOLVED, the Supervisor is hereby authorized and
directed to sign the SEQRA application.
RESOLUTION #119 APPROVE AQUIFER PERMIT #4 OF 1996
® PIERCE HARDY LIMITED PARTNERSHIP,
WITH CONDITIONS
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Board and the
Cortlandville Planning Board have reviewed and
recommended approval, with conditions, therefore
BE IT RESOLVED, the Town Board does hereby approve
Aquifer Permit #4 of 1996 submitted by Pierce Hardy
Limited Partnership, for 84 Lumber, to be located at
795-801 Route 13, with the following conditions:
1.) A curb cut permit is granted for the road
entrance by the New York State Department of
Transportation.
2.) A visual buffer of landscaped green areas or
fencing is provided along the north and south
property lines which border residential
properties.
RESOLVED, the Supervisor is hereby authorized and
directed to sign the permit.
Councilman Pilato made a motion, seconded by
Councilman O'Donnell, to receive and file a notification
received from Mr. John DelVecchio, to renew his alcohol
license, for his property located at 4030 West Road (NYS
Route 281). All voting aye, the motion was carried.
RESOLUTION #120 AUTHORIZE RENTAL OF SAFE DEPOSIT BOX
FROM FIRST NATIONAL BANK FOR THE
STORAGE OF MICROFILM RECORDS
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, Records of the Town were inventoried and
permanent records of the Town have been microfilmed, in
accordance with the grants received by the Cortland
County Clerk, and
WHEREAS, two sets of the microfilm have been received by
the Town Clerk, as Records Management Officer, and
WHEREAS, one copy of the microfilm (Diazo) will be
stored in the Town Clerk's Office vault and it is
recommended that the second copy (Silver) be stored at
another location, therefore
BE IT RESOLVED, the Town Board does hereby authorize the
Town Clerk to rent a safe deposit box from the First
National Bank of Cortland, Groton Avenue Office, for
the storage of the Silver copy of microfilm, and further
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JUNE 05, 1996 TOWN BOARD MEETING PAGE 4
RESOLVED, The Town Clerk, Pauline H. Parker and the
Supervisor, Raymond G. Thorpe, shall be designated as
the named persons to have access to such Safe Deposit
Box.
Privilege of the floor was granted to Jack Fitch,
Mayor of The Village of McGraw. He informed the Town
Board of the status relating to the Bennett Street
Bridge. County Legislator, Ted Law, attended their last
Board Meeting to discuss this issue. He offered them a
choice: either a bridge at the west end of the Village
or a traffic light at the intersection of South & Main
Street in the Village. Mayor Fitch has sent them a
letter advising that they would like the bridge. The
location will be determined later.
A discussion was held concerning the possible
location of a bridge. Experiences relating to the
recent flooding and other storms which have occurred,
has proved the need of having another access to the
Village for Public Safety.
Appreciation was expressed to Town Highway Supt,
Carl Bush, for meeting with them to discuss and review
the map, and ideas, of the new proposed area for a new
bridge. Construction of a road and their concerns of
their new well have been addressed.
They reported that local residents have mixed
reactions as to the best location for the bridge.
Mayor Fitch reported that their Village Justice,
Mardis Kelsen, has advised them of her intent not to run
for Village Justice again. Her term expires in March of
1997. They are contemplating doing away with their
Village Justice and Court. If this were to happen,
they are considering the transfer of their case loads
to the Town.
A discussion was held concerning this. The Town
Attorney requested the Mayor to notify the Town Board of
their intent by October 1996, so this matter could be
considered while preparing the Towns budget for 1997.
. Supervisor Thorpe informed the Town Board that the
Town Historian will be moving her office from the Town
Hall to an office at the Town Highway Garage.
The file cabinets, used for Records Management,
located in the hall, will be moved into that area to be
used as a filing room.
RESOLUTION #121 R13FER ZONING VIOLATION OF UPSTATE •
AUTO, MIKE EDWARDS TO TOWN ATTORNEY
FOR REVIEW AND ACTION IF REQUIRED
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, CEO Bruce Weber has informed Mr. Mike Edwards
of a code violation regarding his sign at 3990 Route
281 (Upstate Auto), therefore
BE IT RESOLVED, the '.down Board does hereby refer this
code violation to the Town Attorney, to pursue and take
the necessary action, if required.
251
JUNE 05, 1996 TOWN BOARD MEETING PAGE
RESOLUTION #122 REFER AQUIFER PERMIT APPLICATION OF
BESTWAY ENTERPRISES TO TOWN AND
COUNTY PLANNING BOARDS FOR REVIEW
AND RECOMMENDATIONS AND SET DATE FOR
A PUBLIC HEARING ON JULY 3, 1996
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Special Permit Application
submitted by Bestway Enterprises, Inc. to construct two
new storage buildings, to be located at 3877 Luker Road,
shall be referred to the Town and County Planning
Boards for their review and recommendations, and further
RESOLVED, a Public Hearing will be scheduled for July
3, 1996 at 7:00 p.m. for the Aquifer Permit application
review by the Town Board.
RESOLUTION #123 REFER AQUIFER PERMIT APPLICATION OF
CHRISTINE T. PACE, THE PLAZA THEATRE
TO TOWN AND COUNTY PLANNING BOARDS
FOR REVIEW AND RECOMMENDATIONS AND
SET DATE FOR A PUBLIC HEARING ON
JULY 3, 1996
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Special Permit Application
submitted by Christine T. Pace for the Plaza Theatre, to
construct an addition to the existing theatre, to be
located at Tompkins Street and Glenwood Avenue, shall be
referred to the Town and County Planning Boards for
their review and recommendations, and further
RESOLVED, a Public Hearing will be scheduled for July 3,
1996 at 7:00 p.m. for the Aquifer Permit application
review by the Town Board.
RESOLUTION #124 REFER AQUIFER PERMIT APPLICATION OF
CORTLAND WOOD PRODUCTs TO TOWN AND
COUNTY PLANNING BOARDS FOR REVIEW
AND RECOMMENDATIONS AND SET DATE
FOR A PUBLIC HEARING ON JULY 3,1996
® Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Special Permit Application
submitted by Gary H. Gutchess, for Cortland Wood
Products, to construct a second floor office area, at
150 McLean Road, shall be referred to the Town and
County Planning Boards for their review and
recommendations, and further
RESOLVED, a Public Hearing will be scheduled for July 6,
1996 for July 3, 1996 at 7:00 p.m. for the Aquifer
Permit application review by the Town Board.
JUNE 05, 1996 TOWN BOARD MEETING PAGE 6
RESOLUTION #125 AUTHORIZE SUPERVISOR TO SIGN
AGREEMENT FOR OTTER/DRY CREEK
REIMBURSEMENT, ASSESSMENT AND
REMEDIATION FUND
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and
directed to sign the five year renewal agreement for the
Otter/Dry Creek Reimbursement, Assessment and
Remediation Fund, as submitted by the Cortland County
Health Department.
RESOLUTION #126 AUTHORIZE VILLAGE PARK CONDO
ASSOCIATION USE OF TOWN HALL
MEETING ROOM ON JUNE 23 1996
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Village Park Condo Association is
hereby authorized to use the Town Hall Meeting room on
June 23, 1996 at 7:00 p.m to conduct their Annual
Meeting.
Town Attorney Folmer reported on the following:
Adult Entertainment amendment: Requested a date be set
to hold a Public Hearing. No comments have been received
from those who reviewed the draft.
RESOLUTION #127 SET DATE FOR PUBLIC HEARING TO
AMEND THE TOWN ZONING ORDINANCE,
REGARDING ADULT ENTERTAINMENT
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for
July 3, 1996 at 7:00 p.m. regarding amending the Zoning
Law of the Town for Adult Entertainment.
Water Storage Tank Project: He was requested to
make minor modifications to the request to submit to the
NYS Comptroller for the Route 215 Water Storage Tank
Project. This has been done.
Renewal of Bond Anticipation Notes: Those due on
June 23, 1996 will be renewed and he has contacted Bond
Council in New York to proceed with that necessary to
convert these to a bond. We may need to have a Special
Meeting, to accomplish this. He will notify if that is
needed.
Bond Resolution: Requested the Town Board to adopt
the necessary bonding resolution to finance the costs of
the three water projects.
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JUNE 05, 1996 TOWN BOARD MEETING PAGE 7
RESOLUTION #128 AUTHORIZE THE ISSUANCE OF $582,500
SERIAL BONDS OF THE TOWN OF
CORTLANDVILLE, CORTLAND COUNTY,
NEW YORK, TO PAY THE COST ON THE
CONSTRUCTION OF IMPROVEMENTS TO TOWN
FACILITIES AS SPECIFIED HEREIN
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
is WHEREAS, pursuant to proceedings heretofore had and
taken in accordance with the provisions of Article 12-C
of the Town Law, and more particularly resolutions dated
as follows:
Resolution adopted March 06, 1996, relating to the
extension of water facilities on Route 13 in said Town
at an estimated cost of $130,000
Resolution adopted April 03, 1996, relating to the
construction of water mains at an estimated cost of
$190,500 to connect with a new water storage tank to be
constructed by said Town on Starr Road in said Town
Resolution adopted May 15, 1996, relating to the
construction of a new transmission main at a cost of
$262,000 to connect with a new water storage tank to be
constructed by said Town on Starr Road in said Town; and
WHEREAS, it is now desired to authorize the issuance of
$582,500 serial bonds of said Town to pay the costs of
the construction of the improvements described above;
and
WHEREAS, all conditions precedent to the financing of
such capitol projects, including compliance with the
provisions of the State Environmental Quality Review
Act, have been performed;
NOW THEREFORE BE IT RESOLVED, by the Town Board of the
Town of Cortlandville, Cortland County, New York, as
follows:
Section 1. For the specific object or purpose of paying
the costs of the construction of the improvements to
facilities of the Town, as described in paragraph 2
hereof, there are hereby authorized to be issued
$582,500 serial bonds of the Town of Cortlandville,
Cortland County, New York, pursuant to the provisions of
the Local Finance Law.
• Section 2. It is hereby determined that the maximum
estimated cost of each specific object, purpose, or
project is as is set forth as follows:
Route 13 Water
Project - 1996
$130,000
Tompkins & Pleasantview
Street Project
- 1996
$190,500
Route 215 Tank
Connection
Project - 1996
$262,000
and that the plan
for the financing thereof is by the
issuance of the
$582,500 serial bonds
of said Town
authorized to be
issued pursuant to
this bond
resolution.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific objects or
purposes is forty years, pursuant to subdivision 4 of
JUNE 05, 1996 TOWN BOARD MEETING
PAGE 8
paragraph a of Section 11.00 of the Local Finance Law.
It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will
exceed five years.
Section 4. Subject to the provisions of the Local
Finance Law, the power to authorize the issuance of and
to sell bonds anticipation notes in the anticipation of
the issuance and sale of the serial bonds herein
authorized, including renewals of such notes, is hereby
delegated to the Supervisor, the chief fiscal officer.
Such notes shall be on such terms, form and content, and
shall be sold in such manner, as may be prescribed by
the said Supervisor, consistent with the provisions of
the Local Finance Law.
Section 5. The faith and credit of the Town of
Cortlandville, Cortland County, New York are hereby
irrevocable pledged to the payment of the principal and
interest on such bonds as the same respectively become
due and payable. There shall be annually apportioned
and assessed upon several lots and parcels of land
within the areas of the aforedescribed improvements,
which the Town Board shall determine and specify to be
especially benefitted by the improvements, an amount
sufficient to pay the principal and interest on said
bonds as the same become due, but if not paid from such
source, all the taxable real property in said Town shall
be subject to the levy of ad valorem taxes without
limitation as to rate or amount sufficient to pay the
principal of and interest on said bonds as the same
shall become due.
Section 6. Such bonds shall be in fully registered form
and shall be signed in the name of the Town of
Cortlandville, Cortland County, New York, by the manual
or facsimile signature of the Supervisor and a facsimile
of its corporate seal shall be imprinted or impressed
thereon.-- and attested by the manual or facsimile
signature of the Town Clerk.
Section 7. The powers and duties of advertising such
bonds for sale, conducting the sale and awarding the
bonds, are hereby delegated to the Supervisor, who shall
advertise such bonds for sale, conduct the sale, and
award the bonds in such manner as he or she shall deem
best for the interests of the Town including, but not
limited to, the power to sell said bonds to the New York
State Environmental Facilities Corporation; provided,
however, that in the exercise of these delegated powers,
he or she shall fully comply with the provisions of the
Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds.
The receipt of the Supervisor shall be a full
acquittance to the purchaser of such bonds, who shall
not obliged to see to the application of the purchase
money.
Section 8. All other matters, except as provided herein
relating to such bonds, including prescribing whether
manual of facsimile signatures shall appear on said
bonds, prescribing the method for the recording of
ownership of said bonds, appointing the fiscal agent or
agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be
executed in the name of the Town by facsimile signature
of its Supervisor, providing for the manual
countersignature of a fiscal agent or of a designated
official of the Town), the date, denominations,
maturities and interest payment dates, place or places
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JUNE 05, 1996 TOWN BOARD MEETING PAGE 9
of payment, and also including the consolidation with
other issues, shall be determined by the Supervisor. It
is hereby determined that it is to the financial
advantage of the Town not to impose and collect from
registered owners of such serial bonds any charges for
mailing, shipping, and insuring bonds transferred or
exchanged by the fiscal agent, and accordingly, pursuant
to paragraph c of Section 70.00 of the Local Finance
Law, no such charges shall be so collected by the
fiscal agent. Such bonds shall contain substantially
the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those
required by Section 52.00 of the Local Finance Law, as
the Supervisor shall determine.
Section 9. The Supervisor is hereby authorized, at his
sole discretion, to execute a loan agreement, a project
financing agreement, and any other agreements with the
New York State Department of Environmental Conservation
and/or the New York State Environmental Facilities
Corporation, including amendments thereto, and including
any instruments (or amendments thereto) in the
effectuation thereof, in order to effect the financing
or refinancing of the specific objects or purposes
described in Section 2 hereof, or a portion thereof, by
a serial bond issue of said Town in the event of the
sale of same to the New York State Environmental
Facilities Corporation.
Section 10. The intent of this resolution is to give the
Supervisor sufficient authority to execute those
agreements, instruments or to do any similar acts
necessary to effect the issuance of the aforedescribed
serial bonds without resorting to further action of this
Town Board.
Section 11. This resolution shall constitute a statement
of official intent for purposes of Treasury Regulations
Section 1.103-18(f). Other than as specified in this
resolution, no monies are, or are reasonably expected to
be, reserved, allocated on a long-term basis, or
otherwise set aside with respect to the permanent
funding of the objects or purposes described herein.
Section 12. The validity of such bonds and bond
anticipation notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said Town is not authorized to expend
money, or
2) The provisions of law which should be complied
with at the date of publication of this resolution are
• not substantially complied with, and an action, suit, or
proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
3) Such obligation are authorized in violation of
the provisions of the Constitution.
Section 13. This resolution, which takes effect
immediately, pursuant to Section 35.00(b)(2) and
pursuant to Section 209-(q)(13)(a) of the Town Law, as
the maximum estimated costs of said specific objects or
purposes does not exceed one -tenth of one per centum of
the full valuation of the taxable real property in the
area of the Town outside of Villages, shall be published
in full in the Cortland Standard, the official
newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the
Local Finance Law.
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JUNE 05, 1996 TOWN BOARD MEETING PAGE 10
Councilman O'Donnell made a motion, seconded by
Councilman Pilato, to adjourn the regular meeting. All
voting aye, the motion was carried.
The Regular Meeting was adjourned at 7:45 p.m.
Respe tfull/y submitted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville
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