HomeMy WebLinkAbout1969-11-10 6241
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TOWN u; FF. :JANii1
P TOWN al /oil) afri iNU .
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November 1C , 1969
The regular meeting of the Town Board of the Town of Danby was held at
the Denby Town Hall , Monday , November 10 , 196. 9 at 8 : 00 P . M °
; Board Members .Present :
Supervisor James H . Cortright
Councilman Donald C . Nakie
Councilman Ralph Wilbur
Town Justice Floyd Dorn
Town Justice A . Francis Wright
4110thers Present : Zoning Officer Hatfield , Highway Superintendent Chaffee .Fick Dobson , Mr . and Mrs . re Webber , Gordon Street , Dick Blatchley and JournalRepor
Supervisor Cortright called the meeting to order .. Minutes of the
regular meeting in October were approved as submitted :
COMMUNICATIONS
1 . From Frank Liguouri , Director of County Planning , regarding meeting
with the Danby Town Board and Highway Superintendent .
2 , From New York State Employment Service regarding office on wheels to
station in our area .
3 . From Association of Towns regarding town ' s ues and dates of Association
of Town ' s meeting in New York ,
4 . Resolution No . 228 from the County Board of Supervisors - apportionment
under the Mutual Self - Insurance Play' . Danby is $ 309 . 88 ,
5 . Resolution No 235 from the County Board of Supervisors - Apportionment
of Mortgage Tax . Danby is $ 1 , 929 . 63 .
PRIVLI:.: EGE OF FLOOR
None from the Board .
Mr . Donald Street asked if the water district might be extended to
include the Slator property which he and Mr . Blatchley have purchased .
There are two houses now on the property of 100 acres and anticipate a
total of 50 - 60 houses .
Hatfield said they are limited to what the Board of Health says mosltly .
Ma. kie stated the filing of a subdivision plot .
Under discussion : There is about 1000 feet from the end of the water line
now to the first house , This will involve the same
procedure as in establishing the district - -beginning
with an engineering study , go through Audit and Control
Department , . hold local public hearings and come up with
the money . Supervisor Cortright stated the first
e reasonable move is to refer to the planning board for
their recommendation- - to tell them exactly what is antics - gin'.
pated , plot plan, etca because when a water main goes
in , it should be to cover total needs .
', COMMITTEE REPORTS
Highway - Wilbur - On the Fishersettlement , an Erwin Project , 1 mile is
gravelled and hopes to get the County crusher soon . y
Wilbur and Highway Superintendent are working on wages
and hours for highway employees and may have something
1 on this around the first of January . Weather has not
been feasible for meeting with the Planning Board
Chairman regarding Hillview Road , Working out an
agreement with Agway on the tank and pumps, .
y Supervisor added that he has talked with Liguouri who 1'41
has conferred with the County Highway Superintendent - -
have gone over Hillview Road from the main highway back rf
to Landstrom ' s pit , It is their opinion this road can be
3 re -done and very possible the County might do it , particu - it°
laxly when the Sanitary Landfill area is developed .
Zoning Dorn - nothing to report .
(Fire - Wilbur - nothing to report .
Cem� tortes - Dorn - nothing to report . .
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°I° �� �frr� �±c�arc�. Minutes - November 1. 0 ,
1969
lut; h i '.ak1e Has talked with some Community Council people who have been)thinking ahead to next yearvs program and possibly devisiris
some system of notifying them monthly of how their funds
going .
(I \ are g
•, (I , Cortrlght advised that the application for reimbursement is
meeting .
in so should be hearing from them by
Insurance - Wright - nothing to report .
Refuse Collection & Disposal - Makie - tiiat county- will
robeeinpbusinessease
( anticipated ) next summer ,
OLD BUSINESS III
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the County crusher ,
Highway Superintendent Chaffee �rnpb°rucrusher , inlgt costs the County
in that each time the Town of Danby has the
money when they get, it back . The County does not want to let t out untiln
.I their mechanic briefs Chaffee on greasing and maintenance --crusher
worn out for several years - -can ' t see it only when Chaffee takes it back .
. Supervisor Cortrlght asked if possible for Chef feesto point to rent t }1eir.
poor condition before taking machine .
` s crusher : Wilbur will work with Chaffee .
� � Zoning Officer Hatfield reports a trailer has been moved in illegally - °Party
plans .
if assumes a house is going to be built but has not any p
11 If not forthcoming in a couple of days ,
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Ii Planning Board - Chairman absent _ nothing to report .
Appeals Board - Chairman Webber
1 $ Assessors - Chairman absent .
d . NEW BUSINESS
� ' Supervisor Cortright has check out the possibility of an F . H . A . Loan for
the 475 , 000 . 00 needed to complete the Water District . The District man ,
Ii Maynard Porey , says that there is at this point still some 5'a money avail -
ests that we make it known to a local office in the form of
� � � able and ' suggests OOQ . 00 from F . H . A .
i a letter that, we would be desirous of getting the ' 75 ,
H . Our attorney still ` seems to feel that themoney picture will look better .
1 '' in another six months or so as far as selling bonds on the open market .
1' ; If municipal bonds should be taxed , this could create a problem so asked ,
for a motion making our desires known to F . H . A .
RESOLUTION #x12 ( drawn by Attorney Thaler and 7at000heC� to these minutes )
H Councilman Makie made the motion to borrow $ , 5 ,
expenses, from F . H . A . at 5% and to authorize the Supervisor to write a
letter to F9H . A . Seconded by Justice Dorn . 5 ayes , a
( ._ .. _ - - - - - o : T � J ' • - - , - -
Renew Water District Bond - - - - ( - - - - - - - - • - )
made the motion to renew the West nb ' Water s r et Bond
Justice Wright ma � Seconded by Makie .
Anticipation Note at an interest rate not to exceed 6% .
5 ayes ,, 0 noes , carried , •
Borrowing Loney for the Water District - Attorney says the Water District
can bng '. money a authorized Egineering and Gompagnt shoulddbespa require a public but Cortrlght
hoaxing . Standard Engineering
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is concerned about meeting F . H . A . payment .
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- Councilman Makie made the motion the Town Board borrow : 7 , 500 . 00 for
the West Danby Water District and to schedulena public hearing
December I , 1969 , West Da by Grange Hallr 8 : 00 P . M �
ayes , 0 noes ,
carried . (4,.06 /k :./(.t-Q . ,
o .
Adoption of Preliminary Budget - Discussion on the suggestion from Mrs .
Cynthia Colman at the Public Hearing that
1. G ' an additional : 200000 for the youth budge ,.
� , Budget be adopted as the
i . ; Justice Wright moved that the Preliminary udgs ® b noes , carried .Annual Budget for 1970 . Seconded by Wilbur .
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II76 n Board Minutes - November 10 , 1969 Sheet # 3
Meeting with County Planning Director Fran '. Liguori -
• Clerk to advise Mr . Liguori that we will delay meeting with him and
County Highway Superintendent Stevenson until the Highway Committee
and Planning Board have looked over H111view Road .
;- ' - BILLS
1 immomaarea
l ' The General Fund Bills were coded and itemized resulting in the
. following motion for transfer of funds where necessary .
Makie moved that the supervisor be authorized to make the following
transfers of budgetary items • in the General Fund :
• 4 From Traffics Signs & S1.gnals ( 14- 500 ) - $ 60 . 35 to Light , Heat &
Repair ( 6 - 600 )
From Compensation of Election Officials ( 7 - 100 ) - $ 3 . 89 to Light ,
Heat & Repair ( 6 - 600 )
From Compensation of Election Officia ]s ( 7 ® 100 ) - $ 14 . 76 to
Printing & Advertising ( 8 - 540 )
Seconded. by Wilbur . 5 ayes , 0 noes. , carried .
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u- , ,, - Makie moved that the General Fund Bills # 111 through # 12 ", as listed on
;/Warrant 11 , totalling $ 1 , 658 . 13 be paid . Seconded by Wright .
,5 Eyes , 0 noes ., carried .
Wrfigtt moved that the Highway Fund Bills # 106 through # 113 as 1 fisted on
WA.rant 11 , totalling $ 24 , 302 , 49 be paid . Seconded by Wright .
5 ayes 0 noes , carried .
'- - lWillpur moved that Water District Bill # 14 as listed on Warrant 11 ,
totalling ($ 20 . 99 be paid .. Seconded by Wright .
• 5 ayes , 0 noes , carried .
: Supervisor ' s Reports - Wilbur moved to accept the Supervisor ' s Reports ( 3 )
Seconded by Wright . 4 ayes , 0 noes , carried .
Wilbur moved. to adjourn at 9 : 30 . P . M . Unanimously seconded .
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Respectfully sub ' tted ,
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Dorothy Roberts
tClerk
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24141
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TOWN BOARD
TOWN OF DANBY
Resolution No . la
BOND ANTICIPATION NOTE RESOLUTION DATED NOVEMBER 10 ,
1969 FOR THE RENEWAL OF A NOTE OF THE TOWN OF DANBY ,
TOMPKINS COUNTY , NEW YORK , IN ANTICIPATION OF THE
SALE OF $ 75 , 000 . 00 SERIAL BONDS FOR THE PURPOSE OF
PROVIDING FUNDS TO PURCHASE , CONSTRUCT AND PROVIDE
A WATER WORKS SYSTEM FOR THE WEST DANBY WATER DISTRICT .
WHEREAS , the Town Board of the Town of Denby has heretofore at
this meeting , duly adopted a resolution authorizing the issuance of
certain serial bonds in the amount of $ 46 , 000 . 00 and has previously
authorized on May 2 , 1968 , the issuance of an additional $ 29 , 000 . 00
in serial bonds for the purpose of providing funds to purchase , con -
struct and provide a water works system for the West Danby Water
District , and
WHEREAS , there was on December 18 , 1968 , a resolution passed
authorizing the issuance of a Bond Anticipation Note , and a Bond
Anticipation Note dated January 6 , 1969 was issued in anticipation of
the sale of the aforesaid bonds , and
WHEREAS , there was on June 9 , 1969 , a resolution passed authori -
zing the renewal of said Bond Anticipation Note for an additional six
month period , and
WHEREAS , the Town Board of the Town of Danby desires now to
provide for the renewal of a form of Bond Anticipation Note in anti -
cipation of the sale of the aforesaid bonds and other matters in
connection therewith ; be it this 10th day of November , 1969 ,
RESOLVED by the Town Board of the Town of Danby , Tompkins County ,
ii)
New York , as follows :
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SECTION 1 . A Bond Anticipation Note in the amount of $ 75 , 000 . 00
shall be renewed by the Town of Danby , Tompkins County , New York , for
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the purpose aforesaid and in anticipation of the sale of serial bonds
of this Town in the amount of $ 75 , 000 . 00 as aforesaid , heretofore
authorized by said resolution adopted at this meeting entitled " BOND
RESOLUTION OF THE TOWN OF DANBY , TOMPKINS COUNTY , NEW YORK , ADOPTED
NOVEMBER 10 , 1969 , AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION
BONDS OF THE WEST DANBY WATER DISTRICT , TOWN OF DANBY , TOMPKINS COUNTY ,
NEW YORK , IN THE PRINCIPAL AMOUNT OF $ 75 , 000 . 00 FOR THE PURPOSE OF
PROVIDING FUNDS TO PURCHASE , CONSTRUCT AND PROVIDE A WATER WORKS SYSTEM
FOR SAID DISTRICT AT AN ESTIMATED MAXIMUM COST THEREOF OF $ 263 , 000 . 00 , "
Such Bond Anticipation Note hereby authorized is not an original note ,
but is the second renewal of said original note .
SECTION 2 . Such note shall be dated December 6 , 1969 and held
until such later date as the Supervisor , by his execution thereof , I
will determine , will mature on June 6 , 1970 , will bear interest at a
rate of not exceeding six percent per annum , payable at maturity ,
will be payable as to both principal and interest in lawful money of
the United States of America , at the City of Ithaca , Tompkins County ,
New York , and will be signed in the name of the Town of Denby , by the
Supervisor of said Town , and by the Clerk , and will be sealed with the
seal of said Town .
SECTION 3 . The said Bond Anticipation Note will be substantially
the following terms , form and content , to wit :
BOND ANTICIPATION NOTE ( RENEWAL)
UNITED STATES OF AMERICA , STATE OF NEW YORK , COUNTY
• - OF TOMPKINS , TOWN OF DANBY , CAPITAL , NOTE , 1969
$ 75 , 000 . 00
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The Town of Danby , Tompkins County , State of New York , hereby
acknowledges itself indebted and for value received , promises to
pay to the bearer of this note , or if it be registered , to the
registered holder , the sum of $ 75 , 000 . 00 , on the 6th day of June ,
1970 , together with interest thereon from the date hereof at the
rate of percent per annum , payable at maturity . Both principal
of and interest on this note will be paid in lawful money of the United
States of America at the office of the Town of Danby , Tompkins County ,
New York , or at the option of the holder , at the Tompkins County
Trust Company in the City of Ithaca , New York .
At the request of the holder , the Town Supervisor shall convert
this note into a registered note by registering it in the name of the
holder in the books of the Town of Danby , kept in the office of such
Town Supervisor , and endorsing a certificate of such registration
hereon , after which both principal of and interest on this note shall
be payable only to the registered holder , his legal representatives ,
successors or transferees . This note shall then be transferable only
upon presentation to such Town Supervisor with a written Transfer of
Title and such Town Supervisor shall thereupon register this note in
the name of the transferee in his books , and shall endorse a certificate
of such registration thereon . Such transfer shall be dated and signed
by the registered holder or his legal representatives , and it shall be
duly acknowledged or proved , or in the alternative , the signature
thereto shall be certified as to its genuineness by an officer of a
bank or trust company located and authorized to do business in this
state . .
This note is issued pursuant to the provisions of resolutions
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entitled "BOND RESOLUTION OF THE TOWN OF DANBY , TOMPKINS COUNTY , NEW
• YORK , ADOPTED DECEMBER 18 , 1968 AUTHORIZING THE ISSUANCE OF SPECIAL
OBLIGATION BONDS OF THE WEST DANBY WATER DISTRICT , TOWN OF DANBY ,
TOMPKINS COUNTY , NEW YORK , IN THE PRINCIPAL AMOUNT OF $ 75 , 000 . 00 FOR
THE PURPOSE OF PROVIDING FUNDS TO PURCHASE , CONSTRUCT AND PROVIDE A
WATER WORKS SYSTEM FOR SAID DISTRICT AT AN ESTIMATED MAXIMUM COST
THEREOF OF $ 263 , 000 . 00 . " and " BOND ANTICIPATION NOTE ( RENEWAL ) RESO-
LUTION DATED JUNE 9 , 1969 AND BOND ANTICIPATION NOTE (RENEWAL ) RESO-
LUTION DATED NOVEMBER 10 , 1969 FOR RENEWAL OF SAID NOTE , FOR A RENEWAL
OF A NOTE OF THE TOWN OF DANBY , TOMPKINS COUNTY , NEW YORK , IN ANTI -
CIPATION OF THE SALE OF $ 75 , 000 . 00 SERIAL BONDS FOR THE PURPOSE OF
PROVIDING FUNDS TO PURCHASE , CONSTRUCT AND PROVIDE A WATER WORKS
SYSTEM FOR THE WEST DANBY WATER DISTRICT . " which resolutions were duly
adopted by the Town Board of the Town of Danby , on the 18th day of
December , 1968 , and the 9th day of June , 1969 , and the 10th day of
November , 1969 . The faith and credit of such Town are hereby irrevo -
cably pledged for the punctual payment of the principal of and interest
on this note according to its terms .
IN WITNESS WHEREOF , the Town of Danby has caused this note to
be signed by its Supervisor and Town Clerk and its corporate seal to
be hereunto attached and attested by its Town Clerk , and this note to
be dated as of the 6th day of December , 1969 .
TOWN OF DANBY
BYdle f ' P
f
- aanes H . Cortright , upervisor
• BY 0JV ` _ fethef
Doroth "Robertc Town
Clerk
ATTEST :
11 To`
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SECTION 4 . The faith and credit of said Town are hereby pledged
for the principal of and interest on such Bond Anticipation Note .
Such Bond Anticipation Note shall be paid from the proceeds derived
from the sale of said bonds or may be redeemed as provided by the
Local Finance Law of the State of New York .
SECTION 5 . The Supervisor of the Town is hereby authorized to
sell such Bond Anticipation Note at private sale for not less than
par and accrued interest not exceeding the rate above specified , and
the Supervisor is authorized to deliver such Bond Anticipation Note
t o the purchaser upon payment of the purchase price and accrued in -
t erest as above specified . The receipt of the Supervisor shall be
full acquittance to the purchaser , who shall not be obligated to see
t o the application of the purchase money .
SECTION 6 . This resolution shall take effect immediately .
This resolution was made by A . Francis Wright and duly seconded
by Donald C . Makie , and duly put to a vote on roll call , which resulted
as follows :
AYES : Supervisor James H . Cortright ; Councilman Ralph Wilbur ;
Town Magistrate A . Francis Wright , Justice Floyd Dorn ;
Councilman Donald Makie
NOES : None
The resolution was declared and unanimously adopted .
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TOWN BOARD
• TOWN OF DANBY
Resolution No . 13
At a special meeting of the Town Board of the To of Danby /
held at the West Danby Grange Hall on December 1 , 1969 at 8 : 30
111 p . m . . Board members present :
Supervisor James H . Cortright
Councilman Donald C . Makie
Councilman Ralph Wilbur .
Town Justice Floyd Dorn
Town Justice A . Francis Wright
A motion WAS made pursuant to a Notice of Public Hearing
and after a public hearing was held , by the Town Justice A . Fra.nci -
Wright , and seconded by Councilman Donald C . Ma.kie , that the
property owners of the West Danby Water District be assessed an
ad valorem tax totalling $ 8 , 950 . 00 , said sum being the deficit in
the budget for the year of operation 1970 , said motion , : a.fter
discussion , was unanimously passed with the direction to the
Town Supervisor to so notify the Assessment Office of the County
of Tompkins , to prepare the appropriate pro rata division pursua.n '
to the assessed valuation of property within the water district ,
• in order to raise the sum necessary to balance the operating
budget .
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STATE OF NEW YORK )
) SS . :
COUNTY OF TOMPKINS )
I ; the undersigned Clerk of the Town of Danby , a municipal
corporation of the County of Tompkins , State of New York , do
hereby CERTIFY that the foregoing is a true and complete copy of
a resolution duly adopted by the Town and recorded in the minutes
of .a:" meeting of said Board duly held on December 1 , 1969 and not
subsequently rescinded or modified .
IN WITNESS WHEREOF , I have hereunto subscribed my name as
Clerk of the Town of Danby , this a9Vda.y, of December 1969 .
f
Dorothy J . Roberts , Clerk
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THALER & THALER
ATTORNEYS & COUNSELLORS
309 NORTH TIOGA STREET
ITHACA, NEW YORK
1 ,
RESOLUTION FOR ISSUANCE OF
SERIAL BOND
TOWN OF DANBY
WHEREAS , the Town Board of the Town of Danby , New York , by
a resolution duly adopted on the 1st day of December , 1969 after
a public hearing , authorizing the Town Supervisor to borrow on
behalf of the West Danby Water District , $ 7 , 500 . 00 for a five
year period , amortized by payments on principal of one - fifth of the
total amount borrowed in each year , together with accrued interest
atla rate of no less than 54% , which amount of money is to be
expended by the West Danby Water District for additional capital
improvements and operation in the first year and provided that
said sum is to be paid from the proceeds to be issued pursuant to
the Local Finance Law , and
WHEREAS , at the public hearing no objection was raised to
this means of raising said money for the benefit of the said
Water District , and the funds having already been allocated for
the expenditure of said sum by the Town Supervisor ,
NOW , ' THEREFORE , BE IT RESOLVED :
li1 . The specific object or . purpose for which said obligation
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1 is to be issued pursuant to this resolution , is to pay the initia.
year ' s operating expenses of the West Danby Water District and to
pay additional capital improvements of a minor nature for the
West Danby Water District .
2 . The maximum amount needed for sed operating costs and
minor improvements is $ 7 , 500 , 00 and the plan of financing such
cost is to be provided by the issuance of a Serial Bond in like
amount .
3 . The following determinations are hereby made :
A . The $ 7 , 500 . 00 can be paid off in five years by the
water use tax and ad valorem tax in the Water District .
B . The raising of said money as pursuant to the Town
and Local Finance Laws of the State of New York .
C . The proposed maturity of the obligation made by this
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resolution will not be in excess of five years .
"f' 4 . The Supervisor is hereby delegated the power to prepay !
such Bond and sell such obligation at private sale at not less
THALER & THALER
ATTORNEYS & COUNSELLORS
309 NORTH TIOGA STREET
ITHACA, NEW YORK
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than par and accrued interest and such sale to fix the interest
✓ ate to be b.orne ' :by such obligation shall not be less than 53/4%
per annum . The Supervisor shall deliver such obligation to the
purchaser thereof only against cash or a certified check . The
proceeds of the sale of the obligation shall be deposited in a
alspecial bank account as required by Section 165 . 00 of the Local
Finance Law . The powers delegated to the Supervisor by this
resolution shall be exercised in conformity with the provisions
o f the Local Finance Law .
This resolution shall take effect immediately .
Upon the . question of adoption of the foregoing resolution
with all of the members of the Town Board voting in the affir -
mative , the resolution was duly adopted by the Supervisor .
I , the undersigned , Clerk of the Town of Danby , a municipal
corporation in the County of Tompkins , State of New York , do here -
by CERTIFY that the foregoing is a true and complete copy of a.
✓ esolution duly adopted by the Town Board of said Town and recorded
in the Minutes of a meeting of said Board duly held on the 1st
o f December , 1969 , and not subsequently rescinded or modified .
'' IN WITNESS WHEREOF , I have hereunto subscribed my name
as Clerk of the Town of Danby , this c2y day of December , 1969 .
I.
. 12.0"-el.eer..4i _ eAcz.....
_ 1
Clerk , Town of Danby .
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THALER & THALER
ATTORNEYS & COUNSELLORS
309 NORTH TIOGA STREET
ITHACA, NEW YORK