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HomeMy WebLinkAbout03-17-2004L� MARCH 17, 2004 5:00 P.M. TOWN BOARD MEETING 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 Thorpe presiding. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Councilman, Edwin O'Donnell Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; Water & Sewer Dep't. employee Jeff MacLean; Deputy Town Clerk, Kristin Rocco; Bernie Thoma of Thoma Development Consultants; Linda Hartsock, Director Cortland County IDA/BDC; Attorney Mike Shafer of Riehlman, Shafer & Shafer; Les Sandman of Pall Trinity Micro Corp.; Michael Chemago of SCWP, LLC. — Indacom Place; John Nadolski, Vice Chairman of J.M. Murray Center; Jamie Dangler of CAPE; Tony Barbetta of Essex Steel; Skip Chapman of the Cortland Standard; News Reporter, Nicole Flatow of the Cortland Standard; Supervisor Thorpe called the meeting to order. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of October 01, 2003 as written. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of October 15, 2003 as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of February 18, 2004 as written. All voting aye, the motion was carried. RESOLUTION #61 AUTHORIZE PAYMENT OF VOUCHERS — MARCH Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #143 - 195 $ 15,618.55 General Fund B B23 - B24 $ 9,863.30 Highway Fund DB D84 - D104 $ 17,729.10 Water Fund W46 - W56 $ 7,876.16 Sewer Fund S21 - S24 $ 3,438.12 Capital Projects H10 - H11 $ 325.40 Special Grant SG5 - SG6 $ 11,607.78 Supervisor Thorpe offered privilege of the floor to Jamie Dangler. Jamie Dangler, representing Citizens for Aquifer Protection and Employment (CAPE) asked the Board to consider the group's view regarding the proposed Wellhead Protection Ordinance, despite the fact they missed the March 12, 2004 deadline to submit comments. I - 1 LJ MARCH 17, 2004 TOWN BOARD MEETING PAGE 2 Although Supervisor Thorpe assured Ms. Dangler that CAPE's correspondence would be received and filed for the record, she read the correspondence aloud to the Board. Ms. Dangler noted there were legitimate concerns on the part of the business community regarding specific details of the ordinance, but reminded the Board that Clough, Harbour & Associates was contracted to devise wellhead protection recommendations because of the "likelihood of degradation of the aquifer as a result of development..."' She apprised the Board that CAPE requested the Board not "lose sight of its primary responsibility of balancing the needs of public health with appropriate economic development..." Supervisor Thorpe offered privilege of the floor to those in attendance. No one requested privilege of the floor. RESOLUTION #62 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL FREE LIBRARY FOR THE YEAR 2003 Motion by Councilman Seconded by Councilman VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2003 is hereby accepted and shall be received and filed. Monthly reports of the Supervisor for the months of January and February 2004, and for the Town Justice for the month of February 2004, are on the table for review and filed in the Town Clerk's office. Attorney Folmer reported: Wellhead Protection Ordinance: Attorney Folmer reported to the Board that at the March 3rd, 2004 Board meeting there was a presentation to the Board that he felt was "inappropriate, arrogant and without justification, and without taking into account the work of many seriously minded individuals who had worked on the Wellhead Protection Ordinance from within the business community." Attorney Folmer acknowledged that Michael Chernago of SCWP, LLC, Les Sandman of Pall Trinity and others spent many hours working on the ordinance. Attorney Folmer informed the Board that Les Sandman of Pall Trinity invited him to the plant for a tour, which he greatly appreciated. He commented that the plant is a very impressive site. Attorney Folmer apprised the Board that certain members of the business community formed together and retained the services of Nixon Peabody LLP, a law firm in Rochester, New York. The local businesses involved include Gutchess Lumber Company, J.M. Murray Center, Pall Corporation, Rerob LLC/JPB LLC, Indacom Tooling/SCWP LLC, Borg Warner, and Yaman Development. Although not indicated as such, Attorney Folmer believed that Suit-Kote Corporation was also involved. Nixon Peabody LLP was hired to examine and critique the proposed Wellhead Protection Ordinance, and to offer comments to the Board for their review. In addition, Nixon Peabody LLP may even propose a wellhead protection ordinance that the Board could adopt. Attorney Folmer informed the Board he spoke with Attorney Jean McCreary of Nixon Peabody LLP, who pointed out that in Article X of the Town's Aquifer Protection Ordinance there are references to plans that were to be developed by 1991 by the County of Cortland and the State of New York dealing with wellhead protection. According to Attorney Folmer, neither the County nor the State followed through with the plans. Therefore, there is a procedural question as to whether the Town is required to deal with State efforts or not. Since most of the correspondence received regarding the proposed Wellhead Protection Ordinance talked about a balance between the draft and legitimate business interests, and with the business community being prepared to work together amongst themselves to formulate what they think is appropriate to wellhead protection for the Town's review, Attorney Folmer had two recommendations for the Board. First, Attorney Folmer recommended the Board make a motion to take the Wellhead Protection proposal as presently constituted off the table. If the motion was MARCH 17, 2004 TOWN BOARD MEETING PAGE 3 made, he suggested a second motion be made to withdraw the current proposal from active consideration. The reason for removing the current proposal from active consideration is due to the time limits involved. He stated there are some things that need to be looked at in order to appropriately address concerns that Ms. Dangler addressed and that the business community addressed. Attorney Folmer stated there are some defects in the ordinance that could be changed by wordsmithing, but was not sure that was an appropriate approach. Attorney Folmer recommended the Board adopt both resolutions to allow the Board to examine the relationship between the State and County requirement by federal statute, and to encourage the business community to make their suggestions. RESOLUTION #63 REMOVE CURRENTLY PROPOSED WELLHEAD PROTECTION ORDINANCE FROM THE TABLE Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby remove the currently proposed Wellhead Protection Ordinance from the table, and it is further RESOLVED, the currently proposed Wellhead Protection Ordinance is hereby up for consideration. RESOLUTION #64 WITHDRAW CURRENTLY PROPOSED WELLHEAD PROTECTION ORDINANCE FROM CONSIDERATION Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby withdraw the currently proposed Wellhead Protection Ordinance from active consideration at this time. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Attorney Edmund J. Hoffman, Jr. regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Arnold Talentino regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Daniel Dineen, Cortland County Planning Department, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Roy Susskind, Cortlandville Sand & Gravel, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Joseph Puzo, Pall Trinity Micro Corp., regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from. Jean McCreary, Nixon Peabody LLP, Attorneys at Law, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. qg MARCH 17, 2004 TOWN BOARD MEETING PAGE 4 Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Linda Smith, President of Midstate Central Labor Council, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Scott Montani, UAW International Representative, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Virginia Space, President of Cortland County Farm Bureau, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Robert and Nancy Space, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Ron Powell, Robert Rhodes, Andrea Rankin, Arnold Talentino and Jamie Dangler, Executive Board of Citizens for Aquifer Protection and Employment (CAPE), regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from James and Lydia Ferro of 710 McLean Road, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Anna -Mae Artim of 714 McLean Road, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Constance Mack of 798 Fer-Cor Drive, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Russell and Medora White of 737 McLean Road, regarding the proposed Wellhead Protection Ordinance. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file correspondence from James Bugh, Town Planning Board member and Certified Professional Geologist, regarding the proposed Zoning Ordinance Amendment. All voting aye, the motion was carried. Attorney Folmer apprised the Board that the Planning Board would meet on March 30th, 2004, at which time they would be able to complete their recommendations regarding the Zoning Amendment proposal. At that point, Clough, Harbour & Associates would incorporate the recommendations into a document for the Board's review. It may be ready to be presented to the Board for review only at the first meeting in April. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file correspondence from Roselyn Cook regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file correspondence from Susan Fitts regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. 50 MARCH 17, 2004 TOWN BOARD MEETING PAGE 5 There was a brief discussion regarding the Aquifer Protection Permit application submitted by Doug Ondrak. Linda Hartsock, Director of the Cortland County IDA/BDC apprised the Board a meeting was held Friday, March 12, 2004 at the Town Hall between herself, CEO, Bruce Weber, County Planning Director, Dan Dineen and several others to discuss the application. At that time, Mr. Ondrak was told the next step for him was to appear before the Planning Board on March 30, 2004, and was therefore not in attendance at this meeting. Councilman Testa had a question regarding the location of Mr. Ondrak's proposal. Mrs. Hartsock apprised Mr. Testa the project was a relocation of the former Buckbee Mears electric forming business into a section of the Smith Corona building as part of a management buy-out. Very minimal modifications would need to be made to the building. According to Mrs. Hartsock, Mr. Ondrak has been working very closely with Dan Dineen of the County Planning Department, and John Helgren of the County Health Department. The County Planning Board reviewed the application and had no concerns at this point. There was discussion regarding the business proposal of Essex Structural Steel Co., Inc. and their request for a Community Development Block Grant. Bernie Thoma of Thoma Development Consultants introduced Tony Barbetta, President of Essex Steel. He apprised the Board that Essex Steel is in need of relocating and expanding the business, and would like to do so in the Town of Cortlandville. The company has been working with the IDA/BDC and Empire State Development regarding financing. One of the items they would like to seek as part of their financing is a Community Development Block Grant (CDBG) similar to the project the Town put forth with Wilbedone, Inc. and Country Inn & Suites. The proposal is a $1.4 million project. The applicant is additionally requesting a CDBG of $400,000. A portion of the CDBG would be a grant and the other portion would be in the form of a loan repaid to the Town. Mr. Thoma explained that if the Board chose to move the application forward, Thoma Development would contact the State and explain the program. The State would invite the Town to submit a preliminary application. After the preliminary application is made, the State would reserve the funds and invite the Town to make final application. Tony Barbetta, President of Essex Structural Steel Co., Inc. presented his business proposal to the Board and provided them with a handout. Although in business since 1972, Mr. Barbetta acquired Essex Steel in 1989. Essex Steel has four different product lines. The company provided steel for 90 buildings for Dollar General in the Ohio and Pennsylvania market, as well as for most of the Dollar General buildings in New York. The largest crane building they've built was a 60 lb. crane, in which jet engines are repaired. The building that houses the Presidential helicopter is also an Essex Steel building. According to Mr. Barbetta, Essex Steel has never had a building failure in its 32 years of business. When he acquired the company it employed eight people. There are now twenty-six full-time employees. The company has gone from building deliveries in New York and Pennsylvania to including Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Ohio, North Carolina, Indiana and New Jersey. Essex Steel operated out of three buildings and is currently located at 115 Port Watson Street in the City of Cortland. The annual rent is approximately $75,000. Mr. Barbetta stated the current operation is not very efficient as they move steel from one building to another, and is burdensome to current production. Essex Steel cannot keep up with capacity and has had to send ten buildings out of state to be manufactured in Pennsylvania as well as by a company in Tennessee. During the company's busy season, Essex Steel sells more than it can manufacture. Mr. Barbetta explained that with the proposed facility there would be one building, smooth production flow and the creation of eleven new jobs. Essex Steel would not have to send jobs out of New York State to manufacture steel. Mr. Barbetta apprised the Board his timing was pressed, as it took about a year to find land to construct a new building. He directed the Board to a drawing of the proposed building, which would be about 100' x 310'. Mr. Barbetta had a potential closing on the land by the end of April or May. He anticipated having his financing done by May, groundbreaking in May, and construction of the building in August. He would have to relocate Essex Steel by the end of September 2004 when his current lease expires. Mr. Barbetta apprised the Board he could not finance the project himself and would have to take out loans. His bank gave him a commitment for funding, but would not cover the entire cost. The $75,000 a year he pays in rent would become available, as well as approximately $36,000 a year due to a SBA loan that he recently paid off. Mr. Barbetta requested additional funding in order to erect a new building and relocate Essex Steel. 51 MARCH 17, 2004 TOWN BOARD MEETING PAGE 6 Attorney Folmer questioned how much of the $400,000 would be a grant, and how much would be a loan. Mr. Thoma projected that about $200,000 would be a grant and $200,000 would be a loan. Supervisor Thorpe questioned whether the business was primarily cutting and forming. Mr. Barbetta explained the best description of the business was primarily cutting and welding. The company gets sheets of steel that are 20' long and 8' wide, which are sliced up. Flanges are then welded on to the steel. He apprised the Board that CNY Power Sports is an Essex Steel design and structure. Supervisor Thorpe questioned whether there is any chemical treatment of the steel before it is shipped to the job. Mr. Barbetta informed the Board there is no chemical treatment of the steel. They currently paint with a shop coat primer but intend to use a water -based paint at the proposed facility. Councilman Pilato questioned why Mr. Barbetta's financial institution could not fund the entire project. Mr. Barbetta apprised the Board that when they originally looked at other sites a grant was available from the State of New York for $200,000. The bank looked at Essex Steel's cash flow and informed him he needed to have a grant similar to the original grant in order to go through with the project. Mr. Barbetta stated the bank would finance the balance, and Essex would put up approximately 10% of the cost, which is approximately $140,000. Councilman Testa stated he did not have a problem with the proposal and thought the Board should sponsor the preliminary application. He did not believe there would be any harm to moving the process along, and asked Attorney Folmer whether there would be any commitment on behalf of the Board by doing such. Attorney Folmer stated there would be no commitment on behalf of the Board for any course of action at this point. Councilman Rocco apprised members of the Board and those in attendance there was an article in the Sunday New York Times regarding the failure of similar programs with grants that were failing because there was no follow-up on behalf of the State. Linda Hartsock apprised Councilman Rocco that the program the article was referencing was the Empire Zones. The small cities program is the old HUD money, which now goes through the state and the governor's office. She explained that companies who apply for the money have to certify the number of employees they have and must sign affidavits attesting to such every year. Mr. Thoma explained that Thoma Development no longer monitors Wilbedone, Inc. because they met their job quota. However, they will continue to monitor Country Inn & Suites until their job quota is met. If Essex Steel received a grant, there would be an agreement on behalf of Essex Steel with the Town to identify his job growth goals. He would need to report the goals and hire in a certain manner, until the goals are met. If the goals were not met, it could require accelerated payment of the loan and the grant money could be recaptured. Mr. Thoma apprised the Board that when the Town proceeded with the application to the State for a grant for Country Inn & Suites, the State had not indicated whether or not there was a time limit on how long the required jobs had to be in place. When the Town went to closing on the grant, the State indicated a five-year time limit for fulfilling that job requirement. Attorney Folmer was concerned what would happen if the bank took a first lien against the project. Mr. Thoma stated it would not be likely for a bank to foreclose on a business that was still operating even if they didn't meet the job requirement. He stated as long as the company is in business, and the company is making an effort to hire the required amount you would extend the time period and keep monitoring the business. Attorney Folmer questioned why the entire $400,000 was not in the form of a loan subordinate to the first lien. Linda Hartsock replied that Empire State Development (ESD) strongly believes in the project and specified they would like to see a portion of the money received as a grant because manufacturing is a critical sector in the upstate economy. She informed the Board that it was the ESD's proposal that a portion of the money be a grant. Attorney Folmer clarified that the grant money would come to the Town, as well as the money for the loan. The Town would disburse the grant portion with no repayment. The Town would advance the funds for the loan portion and assign administrative responsibility to someone such as Thoma Development to be sure that the criteria set forth in the loan are met and that repayment is accomplished as required. Theoretically, the Town would be in a very insecure position with regard to the loan. If the company failed, the chance of recovering the money becomes slim to none. Attorney Folmer questioned what would happen to the Town's responsibility to the State if such happened. 5-7- MARCH 17, 2004 TOWN BOARD MEETING PAGE 7 Mr. Thoma stated when the Town signs the grant agreement it agrees to loan the money as stated in the application; take effort to secure the money as put forth in the application; and would take reasonable efforts to collect the money. There is no recourse. Attorney Folmer stated that theoretically there is recourse unless you can establish that you have taken the steps reasonably necessary to enforce the loan. The only indication the State has ever had that they have gone to someone looking for repayment was in the case of an employee embezzling the money. Councilman Testa believed Essex Steel was a company that had a good track record, was pleased with its employment, and had been in the area for quite some time. Mr. Barbetta informed the Board that Essex Steel has had loans through the City of Cortland and successfully carried out the terms of the loan. He personally guaranteed every debt the company has. Councilman Rocco questioned what the term "low to moderate income" meant, which was stated in the proposal. Mr. Thoma apprised the Board that one of the requirements of the grant is 5 1 % of the jobs retained and/or created be available to people of low to moderate income, which constitutes people making less than 80% of the County median income. The County income is about $44,000 to $45,000 for a family of four. An income of $38,000 would be about 80%. One of the requirements of the loan for this grant is that each employee hired fill out a form stating what their income was before applying for the job, which makes sure that low to moderate income have a process that they can apply for the jobs when they become available. Councilman Testa stated the Board should move the application to the next step. Councilman Rocco was concerned if the Board pushed the application to the next step it would indicate that the Board supported the application. Councilman Pilato stated that although the application should be moved to the next step, he reiterated that the Town is "not a bank." Supervisor Thorpe stated he had the same trepidation that Councilman Pilato had about the Town acting as a bank, but stated this is the way the grant process is set up. One could also argue that this is using taxpayer's money from the State to create more jobs, which is the intent of the State. Councilman Rocco questioned what the cost to the Town would be for the grant application and for the administrative fee, and whether the money would be taken from the loan. Mr. Thoma stated there would be an administrative fee taken from the grant, which would be about $10,000. The only cost to the Town would be Thoma Development's fee for submitting the application to the State. RESOLUTION #65 AUTHORIZE THOMA DEVELOPMENT CONSULTANTS TO COMMENCE PROCEDURE FOR A GRANT THROUGH THE NEW YORK STATE GOVERNOR'S OFFICE FOR SMALL CITIES ECONOMIC DEVELOPMENT PROGRAM Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma Development Consultants to commence procedure for a grant through the New York State Governor's Office for Small Cities Economic Development Program, for the development of Essex Structural Steel Co. Inc. RESOLUTION 466 APPROVE PLUMBERS APPLICATION OF DARYL CROSS FOR WATER AND SEWER CONNECTIONS WITHIN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Daryl Cross, Route 221, Harford, New York, for approval to install water and sewer services in the Town, and 53 MARCH 17, 2004 TOWN BOARD MEETING PAGE 8 WHEREAS, such application included references and previous experience, as required, and has been reviewed and recommended for approval by Water & Sewer Administrator, Carl Bush, therefore BE IT RESOLVED, the application submitted by Daryl Cross is hereby approved and his name shall be added to the approved Plumbers List of the Town of Cortlandville. RESOLUTION #67 ADOPT DEPOSITORY ACCOUNT RESOLUTIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, I Raymond G. Thorpe, the undersigned, being duly elected or appointed and acting as the Town Supervisor of the Town of Cortlandville ("Public Entity"), a Town organized and existing under the laws of the State of New York, hereby certify to Alliance Bank N.A. that at a meeting of the Board of Trustees or such other governing body (the "Governing Board"), as may be authorized or required by law to designate depositories and to transact, or delegate the authority to transact, the financial business of the Public Entity, duly called and held on the 171h day of March, 2004, in accordance with all applicable laws and organizational documents, the following resolutions were duly adopted, and that the said Resolutions have not been revoked or amended and remain in full force and effect, therefore BE IT RESOLVED: 1. Alliance Bank N.A., a federally chartered bank, located and authorized to do business in New York State, is hereby designated as a depository of this Public Entity. 2. The Town Supervisor and "others" of the Public Entity, or any one of them, is/are hereby authorized to open a bank account or accounts from time to time with Alliance Bank N.A. and its subsidiaries and affiliates (each being hereinafter referred to as "Bank") for and in name of the Public Entity with such title or titles as he/she or they may designate. 3. The Town Supervisor and "others" of Public Entity, signing individually except DDA 611049806 (2 signatures required) and their successors and any other person authorized by statute, regulation or court order on behalf of Public Entity ("Authorized Person(s)7) is hereby authorized to sign, by hand or by facsimile (including, but not limited to, electronically generated) signature(s), checks, drafts, acceptances and other instruments (hereinafter collectively referred to as "Item(s)"). Notwithstanding the above, any Authorized Person is authorized singly to: (1) initiate Automated Clearing House ("ACH") debits without a signature; (2) give instruction, by means other than the signing of an Item, with respect to any account transaction, including, but not limited to, the payment, transfer or withdrawal by wire, computer or other electronic means (now existing or hereafter developed), of funds, credits, items or property at any time held by Bank for account of the Public Entity ("Instructions"). 4. The Town Supervisor and "others" of the Public Entity, is/are hereby authorized without further action of this Governing Board to execute Bank's form entitled "Wire Transfer By Phone/Fax Agreement," thereby designating one or more individuals, whether or not such individuals be designated as "Authorized Persons," for the purpose of the verification of payment orders and issuance of written confirmations. 5. Bank is hereby authorized to honor and pay Items, whether signed by hand or by facsimile (including, buy not limited to, electronically generated) signature(s). In the case of facsimile signatures, Bank is authorized to pay any Item if the signature resembles the specimens filed with Bank by Public Entity, regardless of how or by whom such signature was affixed and whether or not the form of signature used on such Item was actually prepared by or for Public Entity. Bank is further authorized to honor and pay ACH's Instructions, and other orders given singly by any Authorized Person, including such as may bring about or increase an overdraft and such as may be payable to or for the benefit of any Authorized Person or employee individually, without inquiry as to the circumstances of the issuance of the disposition of the proceeds thereof and without limit as to amount. 5�f MARCH 17, 2004 TOWN BOARD MEETING PAGE 9 6. Bank is hereby authorized to accept for deposit, credit, for collection, or otherwise, Items whether or not endorsed by any person or by stamp or other impression in the name of the Public Entity without inquiry as to the circumstances of the endorsement or lack of endorsement or the disposition of the proceeds. 7. The Public Entity agrees to be bound by the "Disclosure of Interest and Account Terms," currently in effect and as amended hereafter, as well as any signature card, deposit ticket, checkbook, passbook, statement of account, receipt, instrument, document or other agreement, such as, but not limited to, funds transfer agreements and security procedures delivered or made available to Public Entity from Bank, and by all notices posted at the office of Bank at which the account of the Public Entity is maintained, or on a website that Bank maintains or participates in, in each case with the same effect as if each and every term thereof were set forth in full herein and made a part thereof. 8. The Town Supervisor and "others" of the Public Entity or any one or more of them is/are hereby authorized to act for the Public Entity in all other matters and transactions relating to any of its business with the Bank including, but not limited to, the execution and delivery of any agreements or contracts necessary to effect the foregoing Resolutions. 9. Bank is hereby released from any liability and shall be indemnified against any loss, liability or expense arising from honoring any of these Resolutions. 10. Each of the foregoing Resolutions and the authority thereby conferred shall remain in full force and effect until written notice of revocation or modification by presentation of new Resolutions and Bank's Signature Card Form shall be received by Bank; provided that such notice shall not be effective with respect to any revocation or modification of said authority until Bank shall have had a reasonable opportunity to act following receipt of such notice and shall not be effective with respect to any checks or other instruments for the payment of money or the withdrawal of funds fated on or prior to the date of such notice. 11. The Town Supervisor and "others" or any other officer of the Public Entity is hereby authorized and directed to certify, under the seal of the Public Entity or not, but with like effect in the latter case, to Bank the foregoing Resolutions, the names of the officers, Authorized Persons and other representatives of the Public Entity and any changes from time to time in the said Officers, Authorized Persons and representatives and specimens of their respective signatures. Bank may conclusively assume that persons at any time certified to it to be officers, Authorized Persons or other representatives of the Public Entity continue as such until receipt by Bank of written notice to the contrary. 12. The authority given hereunder shall be deemed retroactive and any and all acts hereunder performed prior to the passage of these Resolutions are hereby ratified and approved. RESOLUTION #68 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY DOUGLAS ONDRAK FOR APRIL 7, 2004 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for April 7, 2004 at 7:00 p.m. for an Aquifer Protection Permit submitted by Douglas Ondrak for property located at 839 NYS Route 13, the former Smith Corona building, tax map #95.00-06-12.111. MARCH 17, 2004 TOWN BOARD MEETING PAGE 10 Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. 1 1 1 ZResctfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville