HomeMy WebLinkAbout10-06-20101 5 �-
OCTOBER 06, 2010
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
JAMES & ROBERT LUCAS
EMPIRE TRACTOR, INC.
NYS ROUTE 13
TAX MAP # 105.00-01-48.100
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection Permit, permitting the construction of a 27,200 sq. ft.
building for the purpose of selling and servicing farm equipment, for property located on the
southeast side of NYS Route 13, approximately 1/3 mile northeast of the NYS Route 13/Webb
Road intersection, tax map #105.00-01-48.100.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Excused: Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Charles Feiszli, Resource Associates;
Robert Lucas, Empire Tractor; News Reporters, Jeremy Houghtaling from the Cortland
Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
Robert Lucas, applicant and owner, introduced himself to the Board, as did Charles
Feiszli, from Resource Associates. They were in attendance to answer questions from the Board.
Attorney Folmer noted that the original plan for the building was modified. Mr. Feiszli
explained that at the request of the Planning Board, a canopy was added to the fagade of the
building to enhance the appearance. Supervisor Tupper added that the new building would be
opposite from the new business park on Route 13.
No further comments or discussions were heard.
The Public Hearing was closed at 5:03 p.m.
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OCTOBER 06, 2010
5:03 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Excused: Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Charles Feiszli, Resource Associates;
Robert Lucas, Empire Tractor; News Reporters, Jeremy Houghtaling from the Cortland
Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order and noted that Councilman Rocco asked that
he be excused from the meeting.
Supervisor Tupper suggested the Board discuss the Aquifer Protection Permit application to
accommodate Mr. Lucas and Mr. Feiszli who were in attendance.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form
for the Aquifer Protection Permit application submitted by James and Robert Lucas, Empire
Tractor, Inc., for property located on NYS Route 13.
RESOLUTION #168 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #4 OF 2010 SUBMITTED BY JAMES
& ROBERT LUCAS, EMPIRE TRACTOR, INC., FOR
PROPERTY LOCATED ON NYS ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by James and Robert Lucas,
Empire Tractor, Inc., to permit the construction of a 27,200 sq. ft. building for the purpose of
selling and servicing farm equipment, for property located on the southeast side of NYS Route
13, approximately 1/3 mile northeast of the NYS Route 13/Webb Road intersection, tax map
#105.00-01-48.100, 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
James and Robert Lucas, Empire Tractor, Inc., Aquifer Protection Permit 44 of 2010, shall have
no significant environmental impact.
RESOLUTION #169 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #4 OF 2010
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #4 of 2010, submitted by James and Robert
Lucas, Empire Tractor, Inc.
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OCTOBER 06, 2010
TOWN BOARD MEETING
PAGE 2
RESOLUTION #170 APPROVE AQUIFER PROTECTION PERMIT 44 OF 2010
SUBMITTED BY JAMES AND ROBERT LUCAS, EMPIRE
TRACTOR, INC., FOR PROPERTY LOCATED ON NYS
ROUTE 13 SUBJECT TO CONDITIONS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit 44 of 2010,
submitted by James and Robert Lucas, Empire Tractor, Inc., permitting the construction of a
27,200 sq. ft. building for the purpose of selling and servicing farm equipment, for property
located on the southeast side of NYS Route 13, approximately 1/3 mile northeast of the NYS
Route 13/Webb Road intersection, tax map #105.00-01-48.100, subject to the following conditions
from the Town and County Planning Boards:
1. That there be no floor drains in the facility.
2. Wastes collected in a holding tank must be disposed of through a licensed waste
hauler.
3. Waste degreasing solvents must be stored in drums or a holding tank and disposed of
through a licensed waste hauler.
4. Waste oil must be stored in tanks within a means of secondary containment.
5. Storage facilities for tanks and/or drums require coated concrete floors and dikes to
retain accidental spills or leaks; a permanent roof to protect tanks or drums and to
prevent precipitation from entering dikes. Drums should be sealed, and tanks and
drums must be located away from floor drains. Storage via tanks may require
registration with the Cortland County Health Department (see 9 and 10).
6. Large drip pans should be kept beneath drums which have spigots and are stored in
horizontal position on racks.
Potentially contaminated scrap, including but not limited to scrap parts, batteries and
used filters shall be stored in proper containers to prevent environmental release of
contaminants.
8. A spill prevention and clean up plan for the site being prepared by the applicant and
submitted to the Town for review and approval.
9. The applicant registering the waste oil storage with the County Health Department
including compliance with Article XVIII of the Sanitary Code.
10. The applicant registering any petroleum product storage with the County Health
Department for compliance with those standards described in Article XX, XXI, and
XXII of the Sanitary Code of the Cortland County Health Department. Any storage
of petroleum products via tanks or drums may require registration. The applicant's
current operation in Cortland County has a petroleum bulk storage registration with
Cortland County. Any proposal requiring Petroleum Bulk Storage registration at this
location shall be approved by the Cortland County Health Department.
11. A curb cut permit being obtained from the NYS Department of Transportation (DOT)
for the proposed access to NYS Route 13.
12. The applicant preparing and obtaining approval of a stormwater pollution prevention
plan for the site per the Town's stormwater ordinance since the facility would result
in more than 10,000 sq. ft. of impervious surface on site.
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OCTOBER 06, 2010 TOWN BOARD MEETING PAGE 3
13. The applicant filing of a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution
prevention plan for the site since this proposal involves the disturbance of at least one
acre of land.
14. The applicant obtaining approval of the County Health Department via application to
the Town for the connection to public water including the installation of a back flow
prevention device.
15. An individual private septic system permit being obtained from the County Health
Department.
16. Compliance with SEQR requirements including completion of an archeological
survey of the site, if it is determined through the SEQR process that the site is
potentially archeologically sensitive.
17. The Stormwater Management Plan and Stormwater Pollution Prevention Plan to be
copied to John Helgren at the Cortland County Health Department.
18. The applicant provide to the Town, in writing, confirmation that the NYS Department
of Transportation (DOT) has approved the curb cut for the proposed access to NYS
Route 13.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Councilman Leach made a motion, seconded by Councilman Proud, to approve the Draft
Town Board Minutes of September 1, 2010 as submitted. All voting aye, the motion was
carried.
Councilman Leach made a motion, seconded by Councilman Proud, to approve the Draft
Town Board Minutes of September 15, 2010 as submitted. All voting aye, the motion was
carried.
Supervisor Tupper explained that the Town's auditors suggested the Draft Town Board
Minutes be approved rather than just received and filed by the Board. Town Clerk Snyder
apprised the Board the Draft Minutes from one meeting would be provided at the following
meeting, and would hopefully be mailed along with the Board's agenda packet, which is mailed
the Thursday prior to a meeting.
RESOLUTION #171 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1118
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1118 submitted by Town Highway Sup't. Carl Bush for the purchase of a new
sander from STS Truck Equipment, for the total cost of $5,995.00.
With regard to payment of vouchers, Councilman Leach questioned whether a purchase
order was signed for the repair of the "shoulder machine" billed from Midland Machinery, as the
bill was included in the vouchers to be paid this evening. Any purchase over $2,500 requires the
submission of a purchase order. Supervisor Tupper could not answer the question at this time,
but would look into the matter and report back.
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OCTOBER 06, 2010 TOWN BOARD MEETING PAGE 4
RESOLUTION #172 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
made.
General Fund A
Vouchers 4504 - 539
$
94,906.18
General Fund B
B 116 - B 124
$
7,528.19
Highway Fund DB
D371 - D405
$221,405.61
Trust & Agency
T26 - T28
$
23,573.39
Water Fund
W208 - W224
$
4,103.12
Sewer Fund
S94 - S96
$
19,470.87
Capital Project
H142 - H152
$
2,066.41
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
The monthly reports of the Town Clerk, Code Enforcement Officer, and Water & Sewer
Department for the month of September 2010 were on the table for review and are filed in the
Town Clerk's Office.
There was a brief discussion regarding the 2009 Audit Report of the fiscal affairs of the
Town. Supervisor Tupper noted that the Town had a "clean audit." The Town spent less money
than budgeted for in 2009, and underestimated its revenues. The Town's audit controls were
found to be in compliance. The Town was also in compliance with the new GASB-45
requirements for post -employment retirement benefits. If the Board had any questions regarding
the audit, a representative from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP could
be available to make a presentation to the Board.
Councilman Proud questioned whether the Town had to fund post -employment benefits
under GASB-45.
Supervisor Tupper noted that private businesses have to fund post -employment benefits,
however governments do not at this time. He assumed one reason that government entities do
not have to fund the benefits was because it is unlikely that governments will go out of business
as private businesses could.
RESOLUTION #173 ACKNOWLEDGE AUDIT REPORT OF THE FISCAL
AFFAIRS OF THE TOWN OF CORTLANDIVLLE FROM
CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON &
COMPANY, LLP FOR THE PERIOD ENDING
DECEMBER 31, 2009
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Audit Report of the fiscal affairs of the Town of Cortlandville from
Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for the period ending December 31,
2009 for the Town of Cortlandville is hereby acknowledged and shall be received and filed.
Under new business, Town Clerk Snyder reported that she and Attorney Folmer were
working on drafting a local law for the Town regarding dogs and would present it to the Board
soon. With regard to the new dog law, to be effective January 1, 2011, Town Clerk Snyder noted
that she was working with County Legislators, the SPCA, and other Town Clerks in the County
regarding animal population control funds. Municipalities currently collect the funds, and hoped
to keep the money local with the new law.
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OCTOBER 06, 2010 TOWN BOARD MEETING PAGE 5
There was discussion regarding the Tentative Budget, which was delivered to Town
Clerk Snyder by September 30, 2010 and presented to the Board as required bylaw. Supervisor
Tupper thanked Town Bookkeeper, Marcia Hicks, the Councilmen, and all department heads for
the collaborative effort in the budget process.
Supervisor Tupper explained that while expenses increased for the 2011 tax year, the tax
rate decreased significantly due to the town -wide revaluation of properties, which was completed
in July 2010. The proposed rate, as calculated by Assessor Briggs, would be $3.10 per thousand
of assessed value; the 2010 rate was $3.68. The Town's total assessment increased about 15%
after the revaluation. Supervisor Tupper also noted that both the water and sewer benefit taxes
would decease for 2011 due to the fact that the Town paid off two large bonds.
Supervisor Tupper mentioned that the 2011 Budget was the 71h budget he has worked on
without a tax increase.
The Board scheduled a Budget Workshop for October 19, 2010 at 8:30 a.m.
Councilman Testa complimented Supervisor Tupper for his hard work on the budget.
RESOLUTION #174 ACKNOWLEDGE RECEIVING 2011 TENTATIVE BUDGET
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Clerk received the 2011 Tentative Budget on September 30,
2010, and has presented it to Town Board members, in accordance with Town Law.
Attorney Folmer reported:
New Dog Law:
Attorney Folmer thanked and complemented Town Clerk Snyder for the outstanding job
she did on drafting the Town's local law for dog licensing, which the State of New York thrust
onto municipalities without much assistance. He felt the Board should thank her for the
outstanding job she did.
Supervisor Tupper also recognized Town Clerk Snyder for the hard work she did on the
registration and reporting of the Polkville Waterline Extension Project with the federal
government, which had to be completed by October 1st. Supervisor Tupper anticipated that the
project would be ready to go out to bid very soon.
Grand Opening — Super Wal-Mart:
Attorney Folmer noted that the Board should have received invitations to the Grand
Opening of Super Wal-Mart to be held on Wednesday, October 13, 2010 at 7:30 a.m. The Board
was also invited to attend Associates Night on Monday, October 11, 2010 from 6:00-8:00 p.m. to
preview the new store.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Final Draft — Land Use & Development Code of the Town of Groton, dated September 8, 2010.
All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Mary Kimberly, Village of McGraw Historian, dated September 20, 2010,
thanking the Town for it's maintenance of the old Baptist Cemetery in the Village of McGraw.
All voting aye, the motion was carried.
A copy of the correspondence would be forwarded to Town Historian Guido for his
information.
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OCTOBER 06, 2010 TOWN BOARD MEETING PAGE 6
Councilman Proud made a motion, seconded by Councilman Testa to receive and file
correspondence from Town Assessor, David Briggs, dated September 23, 2010, regarding the
request made by Dr. J. Lee Ambrose to reduce the Water & Sewer Benefit Tax for four parcels in
the Town of Cortlandville. All voting aye, the motion was carried.
There was discussion regarding correspondence from Assessor Briggs regarding the
request made by Dr. Ambrose for relief of the Water & Sewer Benefit Tax for four parcels in the
Town (76.14-04-05.000, 86.09-04-01.200, 86.09-04-05.000, 86.09-04-10.100). After his
analysis, Assessor Briggs found that only two parcels would be eligible for relief. Parcels 76.14-
04-05.000 and 86.09-04-10.100 were newly created parcels in 2010 that both have limited
frontage and could not be developed. He recommended the sewer and water benefit tax on
parcels 76.14-04-05.000 and 86.09-04-10.100 be reduced to 0.50 units each.
Attorney Folmer recommended the Board grant the relief as recommended by Assessor
Briggs in his memo dated September 23, 2010.
RESOLUTION #175 AUTHORIZE REDUCTION OF THE WATER AND SEWER
BENEFIT TAX UNIT CHARGE FOR PROPERTIES OWNED
BY DR. J. LEE AMBROSE
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, a request was made by Dr. J. Lee Ambrose to remove the Water and Sewer Benefit
Tax unit charge for four properties identified as tax map #76.14-04-05.000, 86.09-04-01.200,
86.09-04-05.000, and 86.09-04-10.100, because they are not large enough to be developed, and
WHEREAS, such request was reviewed by Town Assessor, David Briggs, who recommended
the following per his September 23, 2010 memo:
1. Reduce the Water & Sewer Benefit Tax unit charge to 0.50 units each for parcel
#76.14-04-05.000 and 86.09-04-10.100, which are newly created parcels in 2010,
have limited frontage, and could not be developed.
2. The Water & Sewer Benefit Tax for parcel #86.09-04-01.200 was previously reduced
to 0.50 units each.
3. The Water & Sewer Benefit Tax for parcel #86.09-04-05.000 is based on
consumption, as the parcel is the Town of Cortlandville's portion of a property that is
improved by a building located in the City of Cortland, however the Town provides
water and sewer to the building.
THEREFORE, BE IT RESOLVED, the Town Clerk, Karen Q. Snyder, is hereby authorized and
directed to reduce the Water & Sewer Benefit Tax unit charge to 0.50 units for parcel #76.14-04-
05.000 and #86.09-04-10.100, commencing with the 2011 year, and it is further
RESOLVED, the Water & Sewer Benefit Tax unit charge for tax map #86.09-04-01.200 shall
remain 0.50 units each, and it is further
RESOLVED, the Water & Sewer Benefit Tax unit charge for tax map #86.09-04-05.000 shall
remain based on consumption, unless Dr. Ambrose should connect to the City of Cortland water
and sewer line, in which the Water & Sewer Benefit Tax unit charge would be reduced to 0.50
units each.
There was discussion regarding the loan resolution for the Polkville Waterline Extension
Project. Town Clerk Snyder explained the loan resolution, came from Barbara Morris of the
USDA when she and Supervisor Tupper signed documentation in August 2010. The loan
resolution could not be approved until the Town received the official letter from the USDA,
which was received and filed at the last Town Board Meeting.
Supervisor Tupper explained that the resolution states that the Town was going to bond
with the USDA for $1,058,000 and would have a grant from the USDA for $1,372,000. The
loan resolution must be adopted and returned to the USDA.
Councilman Leach questioned the wording on item #2 in the resolution, and asked for an
explanation.
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OCTOBER 06, 2010 TOWN BOARD MEETING PAGE 7
2.To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the
Government if at any time it shall appear to the Government that the Association is able to
refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private
sources at reasonable rates and terms for loans for similar purposes and periods of time as required
by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)).
Attorney Folmer explained that the Board was agreeing that in the event there is
difficulty with this bonding in the future and it requires the Town to refinance somehow, that the
Board has agreed to do so. If the Government should ask the Town to refinance its bonds from
"responsible cooperative or private sources at reasonable rates and terms" then the Town must do
so. The Town must adopt the resolution as is in order to receive the loan and grant.
RESOLUTION #176 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF CORTLANDVILLE AUTHORIZING AND PROVIDING
FOR THE INCURRENCE OF INDEBTEDNESS FOR THE
PURPOSE OF PROVIDING A PORTION OF THE COST OF
ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING,
AND/OR EXTENDING ITS WATER FACILITY TO SERVE AN
AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, it is necessary for the Town of Cortlandville (hereinafter called Association) to
raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
One Million Fifty -Eight Thousand and XX/100 Dollars (1,05 8,000. 00) pursuant to the provisions
of NYS Local Finance Laws; and
WHEREAS, the Association intends to obtain assistance from the United States Department of
Agriculture, (herein called the Government) acting under the provisions of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and
supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no
other acceptable purchaser for such bonds is found by the Association:
NOW THEREFORE, in consideration of the premises the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the
issuance of its bonds containing such items and in such forms as are required by State
statutes and as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of
the Government if at any time it shall appear to the Government that the Association
is able to refinance its bonds by obtaining a loan for such purposes from responsible
cooperative or private sources at reasonable rates and terms for loans for similar
purposes and periods of time as required by section 333(c) of said Consolidated Farm
and Rural Development Act (7 U.S.C. 1983(c)).
3. To provide for, execute, and comply with Form RD 400-4, "Assurance Agreement,"
and Form RD 400-1, "Equal Opportunity Agreement," including an "Equal
Opportunity Clause," which clause is to be incorporated in, or attached as a rider to,
each construction contract and subcontract involving in excess of $10,000.
4. To indemnify the Government for any payments made or losses suffered by the
Government on behalf of the Association. Such indemnification shall be payable
from the same source of funds pledged to pay the bonds or any other legally
permissible source.
5. That upon default in the payments of any principal and accrued interest on the bonds
or in the performance of any covenant or agreement contained herein or in the
instruments incident to making or insuring the loan, the Government at its option may
(a) declare the entire principal amount then outstanding and accrued interest
immediately due and payable, (b) for the account of the Association (payable from
the source of funds pledged to pay the bonds or any other legally permissible source),
incur and pay reasonable expenses for repair, maintenance, and operation of the
facility and such other reasonable expenses as may be necessary to cure the cause of
default, and/or (c) take possession of the facility, repair, maintain, and operate or rent
it. Default under the provisions of this resolution or any instrument incident to the
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OCTOBER 06, 2010
TOWN BOARD MEETING
PAGE 8
making or insuring of the loan may be construed by the Government to constitute
default under any other instrument held by the Government and executed or assumed
by the Association, and default under any such instrument may be construed by the
Government to constitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof,
or interest therein, or permit others to do so, without the prior written consent of the
Government.
7. Not to defease the bonds, or to borrow money, enter into any contractor agreement, or
otherwise incur any liabilities for any purpose in connection with the facility
(exclusive of normal maintenance) without the prior written consent of the
Government if such undertaking would involve the source of funds pledged to pay the
bonds.
8. To place the proceeds of the bonds on deposit in an account and in a manner
approved by the Government. Funds may be deposited in institutions insured by the
State or Federal Government or invested in readily marketable securities backed by
the full faith and credit of the United States. Any income from these accounts will be
considered as revenues of the system.
9. To comply with all applicable State and Federal laws and regulations and to
continually operate and maintain the facility in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt
service, operation and maintenance, and the establishment of adequate reserves.
Revenue accumulated over and above that needed to pay operating and maintenance,
debt service and reserves may only be retained or used to make prepayments on the
loan. Revenue cannot be used to pay any expenses which are not directly incurred for
the facility financed by USDA. No free service or use of the facility will be
permitted.
11. To acquire and maintain such insurance and fidelity bond coverage as may be
required by the Government.
12. To establish and maintain such books and records relating to the operation of the
facility and its financial affairs and to provide for required audit thereof as required
by the Government, to provide the Government a copy of each such audit without its
request, and to forward to the Government such additional information and reports as
it may from time to time require.
13. To provide the Government at all reasonable times access to all books and records
relating to the facility and access to the property of the system so that the Government
may ascertain that the Association is complying with the provisions hereof and of the
instruments incident to the making or insuring of the loan.
14. That if the Government requires that a reserve account be established, disbursements
from that account(s) may be used when necessary for payments due on the bond if
sufficient funds are not otherwise available and prior approval of the government is
obtained. Also, with the prior written approval of the Government, funds may be
withdrawn and used for such things as emergency maintenance, extensions to
facilities, and replacement of short lived assets.
15. To provide adequate service to all persons within the service area who can feasibly
and legally be served and to obtain USDA's concurrence prior to refusing new or
adequate services to such persons. Upon failure to provide services which are
feasible and legal, such person shall have a direct right of action against the
Association or public body.
16. To comply with the measures identified in the Government's environmental impact
analysis for this facility for the purpose of avoiding or reducing the adverse
environmental impacts of the facility's construction or operation.
17. To accept a grant in an amount not to exceed $1,372,000 under the terms offered by
the Government; that Town Supervisor of the Association are herby authorized and
empowered to take all action necessary or appropriate in the execution of all written
instruments as may be required in regard to or as evidence of such grant; and to
operate the facility under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the
insuring of the loan, unless otherwise specifically provided by the terms of such
instrument, shall be binding upon the Association as long as the bonds are held or insured
by the Government or assignee. The provisions of sections 6 through 17 hereof may be
provided for in more specific detail in the bond resolution or ordinance; to the extent that
the provisions contained in such bond resolution or ordinance should be found to be
inconsistent with the provisions hereof, these provisions shall be construed as controlling
between the Association and the Government or assignee.
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OCTOBER 06, 2010 TOWN BOARD MEETING PAGE 9
There was discussion regarding transferring monies from Water & Sewer Reserve Funds
to purchase new meters in 2011. Supervisor Tupper explained that in order to take money from
the reserve funds the Town has to hold a public hearing and wait 30 days. The 2011 budget
includes $300,000 of new water meters to replace every water meter in the Town. After looking
at the budget, Supervisor Tupper stated it became impossible for the Town to pay cash for the
meters. However, both Water & Sewer Reserve Funds have over $400,000 balances. If the
public does not want the Town do this, the Board must know before they pass the Final Budget.
Attorney Folmer suggested the Board give him the opportunity to investigate whether or
not a public hearing must be held, or whether the Board could just notify the public and establish
the process for permissive referendum. Attorney Folmer would report back to the Board at the
October 20, 2010 meeting.
There was discussion regarding correspondence from Planning & Zoning Officer, Bruce
Weber to Walgreen Company regarding the Storm Water System at the Cortlandville store.
Attorney Folmer understood that PZO Weber spoke with James Trasher at Clough Harbour &
Associates regarding the situation. The Planning Board has demanded that representatives from
Walgreen's attend the October 26, 2010 Planning Board Meeting. The Planning Board has also
talked about revoking Walgreen's Conditional Permit in the event that satisfactory information is
not provided. Attorney Folmer hoped the situation, which has been a problem for several years,
would be resolved.
Supervisor Tupper added that Walgreen's has been working to remedy the situation,
however the attempts they have made have not worked. The Planning Board has therefore asked
that a new plan be developed.
Councilman Proud questioned whether the Planning Board had "the authority to sanction
this" or whether the decision had to come before the Town Board.
Attorney Folmer stated there were three different routes that could be followed. One
alternative is that the Planning Board could, on its own action and after some procedural steps,
revoke its Conditional Permit. It could come back before the Town Board, however that is not
the Town's intent.
Supervisor Tupper stated the Town wanted Walgreen's to have a Storm Water System as
designed. Attorney Folmer interjected and stated the system "as designed" was one of the points
of controversy. The mechanics and details of the design itself had to do with whatever failure
there may be in the system. He stated the Town's intent should be that the Storm Water System
operate consistent with the Town's Storm Water Regulations, rather than to operate as designed,
which would indicate that a faulty design was satisfactory. The Board agreed.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Planning & Zoning Officer, Bruce Weber to Walgreen Company, dated
October 1, 2010, regarding the Storm Water System at the Cortlandville store. All voting aye,
the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Legal Notice from Time Warner Cable, dated October 1, 010, regarding programming. All
voting aye, the motion was carried.
There was discussion regarding the contract with Fiscal Advisors & Marketing, Inc. to
provide financial advisory services for the Polkville Waterline Extension Project. Supervisor
Tupper explained that in the Town's grant application they are authorized for up to $15,000 for
assistance with financing. Fiscal Advisors gave the Town a proposal to do such. Fiscal Advisors
would assist in the preparation and filing of the monthly and quarterly reporting, which Town
Clerk Snyder spent a significant amount of time completing.
Attorney Folmer apprised the Board he received a fax from Bob Smith, who is the
Town's Bond Counsel, who reported he was given information and had to give some information
to the Government regarding the bonding process.
Town Clerk Snyder commented that Fiscal Advisors would do the computation for the
reporting, but it would still be the Town's responsibility to upload the information to the website.
OCTOBER 06, 2010 TOWN BOARD MEETING PAGE 10
RESOLUTION #177 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
FISCAL ADVISORS & MARKETING, INC. TO PROVIDE
FINANCIAL ADVISORY SERVICES FOR THE POLKVILLE
WATERLINE EXTENSION PROJECT
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with Fiscal Advisors & Marketing, Inc. to provide financial advisory services in
connection with the Polkville Waterline Extension Project, for an amount not to exceed
$15,000.00.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on October 14, 2010.
The draft version of this meeting was approved as written at the Town Board meeting of October 20,
2010
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