HomeMy WebLinkAbout08-18-2004► z. z
AUGUST 18, 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, Edwin O'Donnell
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Councilman, Theodore Testa
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town
Justice, Francis Casullo; John Shehadi of Financial Advisors & Marketing, Inc.; Deputy Town
Clerk, Kristin Rocco; Cortland County Legislator, Paul Allen; Ron Barrows and Sue Stevens
from The Barrows Group; Dan Bilodeau and Rick Williams from the Village of McGraw
Recreation Department; Town residents, Frank Clark; David and Theresa Foster; and News
Reporter, Brian Liberatore from the Cortland Standard.
Supervisor Thorpe called the meeting to order.
RESOLUTION #137 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows
General Fund A
Vouchers #404 - 424
$
4,435.32
General Fund B
B81 - B85
$
2,235.41
Highway Fund DB
D283 - D306
$
53;705.98
Water Fund
W 161 - W 172
$
10,062.85
Sewer Fund
S63 - S67
$
484.45
Capital Projects
H35 - H39
$
4,568.03
Supervisor Thorpe offered privilege of the floor to Town Justice, Francis Casullo.
Town Justice, Francis Casullo updated the Board regarding the Town Justice Court. The
Court opened and closed 5187 Vehicle and Traffic, DWI and aggravated unlicensed cases, and
opened and closed 496 criminal cases, between January 1, 2004 and July 31, 2004. On average, the
Court closes 741 Vehicle and Traffic cases a month, and closes 71 criminal matters a month.
The Town of Cortlandville Justice Court is ranked 36 of approximately 2700 justice and
village courts in New York State, and is the largest justice court in the 6`h Judicial District in regards
to dollar value. In addition, the Town Justice Court is one of twelve largest courts upstate.
Justice Casullo voiced his concern regarding the amount of cases that go through his court,
and the unavailability of the Cortland County District Attorney (DA), or Assistant District Attorney
(ADA). The ADA is not available for the full session of court every Tuesday. Instead, the ADA is
available for the full session on the second and fourth Tuesday of every month. Justice Casullo
explained only 2-3 cases are disposed of on the first and third Tuesday of the month, resulting in an
overload the second and fourth Tuesday, in which there are 125 people lined up waiting to see the
ADA. He also mentioned that the courtroom does not accommodate the large number of people.
Justice Casullo apprised the Board he spoke with Cortland County District Attorney, David
Hartnett regarding his concerns, but hoped the Board and the County Legislators could influence or
impress upon the DA's office his concerns.
Justice Casullo apprised the Board the Court has been using the credit card system to collect
fines since July 6, 2004. Approximately $14,000 has been collected since the credit card system
was implemented. The credit card machine has made it much easier for people to pay fines,
especially for people who are not local.
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AUGUST 18, 2004 TOWN BOARD MEETING PAGE 2
Justice Casullo apprised the Board the Town Justice Court received a "clean bill of
health" in respect to its audit. He stated he would share the official audit with the Board once he
was in receipt of it. One suggestion made because of the audit was for the Court to use an
electronic cash register with a tape that can run daily, weekly, and monthly.
Justice Casullo informed the Board he asked the state for grant money to purchase a cash
register, sound system, and a fireproof safe to house the vehicle and traffic tickets. Currently,
there are over 10,000 vehicle and traffic tickets kept in a non -fireproof safe. If anything were to
happen, over 10,000 people would not have any way to know what their fine was, what they
were charged with, etcetera.
Justice Casullo mentioned that the next big project would be to take care of the storage
issue regarding the Court records in the basement.
Justice Casullo informed the Board he may be interested in hiring a part-time clerk for his
office, as it is very difficult to run an efficient court with sometimes only two clerks. Due to the
clerk's vacations, the Court is often operated by only two clerks. On court days, Justice Casullo
would like one clerk collecting money, one clerk aiding him, and one clerk answering the phone.
The part-time clerk would only be needed between 10-15 hours a week to help answer the phone
and for support. Justice Casullo stated he would not hire a part-time clerk until he knew whether
or not an ADA would be able to attend court every week, which would alleviate the caseload.
Councilman Rocco questioned whether Justice Casullo would require additional funds to
purchase the fireproof safe.
Justice Casullo felt he would receive some money from the state grant, which may be
specifically for the safe. The next goal would be to purchase a cash register, and finally the
sound system. Justice Casullo apprised the Board if he did not ask for a part-time clerk, his
budget for 2005 would be $2,000 less than he requested in 2004. Currently, he is under budget.
Supervisor Thorpe questioned whether the Board should consider a part-time clerk for the
Court right now if Justice Casullo felt it was needed.
Justice Casullo stated it would be nice to hire a part-time clerk, but felt that it may not be
necessary if he had a more even caseload.
Supervisor Thorpe suggested Justice Casullo include a part-time clerk in his budget
proposal for 2005. He stated the Board would do anything they could to pressure the DA to
make things easier for the Town Court.
Justice Casullo stated District Attorney David Hartnett has been fantastic, very
accessible, and understands the problems. The DA stated he would try to have an ADA in court
each week. Justice Casullo invited the Board to visit the Court on the second and fourth Tuesday
of the month.
Councilman Rocco questioned whether there were any issues regarding security as the
Board is concerned for the safety of Justice Casullo and others.
Justice Casullo stated he was concerned with security, especially because of the size of
the courtroom and the number of people present. There is one Deputy Sheriff present during
court, which is not enough for the number of people in the courtroom and the size of the
courtroom. Justice Casullo did accept a free magnetometer from the County, which he hopes to
use in the future. Overall, he was more concerned for the safety of his clerks and those present
than himself.
Supervisor Thorpe offered privilege of the floor to John Shehadi.
John Shehadi, from Financial Advisors & Marketing, Inc., apprised the Board he had the
Bond Resolution to consolidate and refund the Town's bonds. The Town can refinance and save
a total amount of over $250,000, with no out-of-pocket expense to the Town, which would be
stretched out over twenty years. In terms of present value savings, the amount saved would be
$193,491. The amount of bonds is an estimated $4,970,000, which would go up or down within
a $50,000 to $60,000 range. The bonding attorneys prepared a resolution asking for $5,500,000
to be safe. Mr. Shehadi stated the Town would want to achieve 4.2% savings.
According to Mr. Shehadi, interest rates have dramatically decreased since the year 2000.
The Town's bonds could be refunded at a 3.57% interest rate. The Town's current interest rates
are 5% and 5.10% for the 1993 bonds, 5.30% to 5.50% for the 1996 bonds, and 5.75% to 5.8%
for the 2000 bonds. Mr. Shehadi explained that the industry rule of thumb is as long as present
day savings are 2% or more it is considered a good deal.
Attorney Folmer apprised the Board and Mr. Shehadi that if they adopted the Bond
Resolution he would publish the summary and notice right away, which would follow with a 20-
day estoppel period.
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AUGUST 18, 2004 TOWN BOARD MEETING PAGE 3
Mr. Shehadi apprised the Board that due to the complexities of the structuring and the
escrow, he recommended the firm Roosevelt & Cross as the underwriter. He commented that
Roosevelt & Cross is an excellent firm with the best pricing out of all the underwriters in the
state. Once the 20-day estoppel has passed they are free to price the bonds and the interest rates
are set. After the State Comptroller's approval is given the closing can occur.
Councilman Rocco questioned whether the Town could -lose anything throughout the
process.
Mr. Shehadi informed the Board that the Town is not obligated to do anything up until
the point of pricing. The Town would not have to accept the offer if the interest rates are not
good on either the borrowing side or the investment side.
RESOLUTION #138 REFUNDING BOND RESOLUTION OF THE TOWN OF
CORTLANDVILLE, NEW YORK, ADOPTED AUGUST 18,
2004, AUTHORIZING THE REFUNDING OF CERTAIN
OUTSTANDING SERIAL BONDS OF SAID TOWN, STATING
THE PLAN OF REFUNDING, APPROPRIATING AN
AMOUNT NOT TO EXCEED $5,500,000 FOR SUCH
PURPOSE, AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $5,500,000 REFUNDING SERIAL BONDS TO
FINANCE SAID APPROPRIATION, AND MAKING CERTAIN
OTHER DETERMINATIONS RELATIVE THERETO.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: Supervisor Thorpe Aye
Councilman Pilato Aye
Councilman Rocco Aye
Councilman O'Donnell Aye
Councilman Testa Absent
ADOPTED
WHEREAS, on September 13, 1993 the Town of Cortlandville, in the County of Cortland, New
York (herein called the "Town"), has heretofore issued its $2,175,000 Public Improvement
(Serial) Bonds, 1993 (the "1993 Bonds"); and
WHEREAS, the 1993 Bonds are now outstanding in the principal amount of $1,090,000, which
$1,090,000 bonds mature on February 1 in each year in the principal amounts of $110,000 in the
years 2005 and 2006; $120,000 in the year 2006; and $125,000 in each of the years 2008 to
2013, inclusive; and
WHEREAS, the outstanding 1993 Bonds bear interest payable on February 1 and August 1 in
each year to maturity at various rates of interest ranging from five per centum (5.00%) per
annum to five and ten hundredths per centum (5.10%) per annum; and
WHEREAS, the 1993 Bonds maturing on or after February 1, 2006 are subject to redemption
prior to maturity at the option of the Town on any interest payment date on or after February 1,
2005, as a whole, or in part (and by lot if less than all of a maturity is redeemed) in inverse order
of maturity or in equal proportionate amounts, at the following redemption prices, plus accrued
interest to the date of redemption, as follows:
Redemption Dates Redemption Prices as a
(all dates inclusive) Percentage of Par
February 1, 2005 and thereafter...................................................................... 100%
WHEREAS, on November 12, 1996 the Town has heretofore issued its $2,235,000 Public
Improvement Serial Bonds-1996 (the "1996 Bonds"); and
WHEREAS, the 1996 Bonds are now outstanding in the principal amount of $1,640,000, which
outstanding $1,640,000 bonds mature on June 15 in each year in the principal amounts of
$100,000 in the year 2005; $105,000 in the year 2006; $110,000 in the year 2007; $115,000 in
the year 2008; $125,000 in the year 2009; $130,000 in the year 2010; $140,000 in the year 2011;
$145,000 in the year 2012; $155,000 in the year 2013; $165,000 in the year 2014; $170,000 in
the year 2015; and $180,000 in the year 2016; and
AUGUST 18, 2004 TOWN BOARD MEETING PAGE 4
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WHEREAS, the outstanding 1996 Bonds bear interest payable on June 15 and December 15 in
each year to maturity at various rates of interest ranging from five per centum (5.00%) per
annum to five and fifty hundredths per centum (5.50%) per annum; and
WHEREAS, the 1996 Bonds maturing on June 15, 2005, and thereafter, are subject to
redemption, at the option of the Town, prior to maturity, in whole or in part in inverse order of
maturity or in equal proportionate amounts, on any interest payment date on or after December
15, 2004, at the redemption prices (expressed as a percentage of par) of the Bonds to be
redeemed plus accrued interest to the redemption date:
Redemption Dates
(all dates inclusive)
Redemption Prices as a
Percentage of Par
December15, 2004.................................................................. 102%
June 15, 2005 and December 15, 2005........................................... 101 %
June 15, 2006 and thereafter....................................................... 100%
WHEREAS, on June 15, 2000 the Town has heretofore issued its $2,270,000 Public
Improvement Serial Bonds-2000 (the "2000 Bonds"); and
WHEREAS, the 2000 Bonds are now outstanding in the principal amount of $1,870,000, which
outstanding $1,870,000 bonds mature on February 15 in each year in the principal amounts of
$100,000 in each of the years 2005 to 2008, inclusive; $110,000 in the years 2009 to 2010; and
$125,000 in each of the years 2011 and 2020, inclusive; and
WHEREAS, the outstanding 2000 Bonds bear interest payable on February 15 and August 15 in
each year to maturity at various rates of interest ranging from five and seventy-five hundredths
per centum (5.75%) per annum to five and eighty hundredths per centum (5.80%) per annum;
and
WHEREAS, the 2000 Bonds maturing on February 15, 2010, and thereafter, are subject to
redemption, at the option of the Town, prior to maturity, in whole or in part, and if in part in any
order of maturity and in any amount within a maturity, on any interest payment date on or after
February 15, 2009, at the following redemption prices (expressed as a percentage of the par of
the Bonds to be redeemed) plus accrued interest to the redemption date:
Redemption Dates
(all dates inclusive)
February 15, 2009 and August 15, 2009
February 15, 2010 and August 15, 2010
February 15, 2011 and thereafter ........
Redemption Prices as a
Percentag of Par
........................................ 101.0%
........................................ 100.5%
......................................... 100.0%
WHEREAS, the 1993 Bonds, the 1996 Bonds and the 2000 Bonds are collectively referred to
herein as the 'Bonds;" and
WHEREAS, Section 90.10 of the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (herein called the "Law"), permits the Town to
refund all or a portion of the outstanding unredeemed maturities of the Bonds (referred to herein
as the "Original Bonds") by the issuance of new bonds, the issuance of which will result in
present value debt service savings for the Town, and the Town Board has determined that it may
be advantageous to refund all or a portion of the outstanding Bonds;
NOW, THEREFORE, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, NEW YORK
(by the favorable vote of at least two-thirds of all the members of said Town Board), AS
FOLLOWS:
Section 1. In this resolution, the following definitions apply, unless a different meaning
clearly appears from the context:
(a) 'Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the
aggregate outstanding Bonds, as shall be determined in accordance with Section 8 hereof.
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AUGUST 18, 2004
TOWN BOARD MEETING
PAGE 5
(b) "Escrow Contract" means the contract to be entered into by and between the Town
and the Escrow Holder pursuant to Section 10 hereof.
(c) "Escrow Holder" means the bank or trust company designated as such pursuant to
Section 10 hereof.
(d) "Original Bonds" shall mean all or a portion of the outstanding unredeemed maturities
of the Bonds.
(e) "Present Value Savings" means the dollar savings which result from the issuance of
the Refunding Bonds computed by discounting the principal and interest payments on
both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities
thereof to the date of issue of the Refunding Bonds at a rate equal to the effective interest
cost of the Refunding Bonds. The effective interest cost of the Refunding Bonds shall be
that rate which is arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the Refunding Bonds from
the maturity dates thereof to the date of issue of the Refunding Bonds and to the agreed
upon price including estimated accrued interest.
(f) "Redemption Date" means February 1, 2005 with respect to the 1993 Bonds,
December 15, 2004 with respect to the 1996 Bonds, February 15, 2009 with respect to the
2000 Bonds.
(g) "Refunding Bond" or "Refunding Bonds" means all or a portion of the $5,500,000
Refunding Serial Bonds-2004 of the Town of Cortlandville, authorized to be issued
pursuant to Section 2 hereof.
(h) "Refunding Bond Amount Limitation" means an amount of Refunding Bonds which
does not exceed the principal amount of Bonds To Be Refunded plus the aggregate
amount of unmatured interest payable on such Bonds To Be Refunded, to and including
the applicable Redemption Date, plus redemption premiums payable on such Bonds To
Be Refunded as of such Redemption Date, as hereinabove referred to in the Recitals
hereof, plus costs and expenses incidental to the issuance of the Refunding Bonds
including the development of the refunding financial plan, and of executing and
performing the terms and conditions of the Escrow Contract and all fees and charges of
the Escrow Holder as referred to in Section 10 hereof.
Section 2. The Town Board of the Town (herein called the "Town Board"), hereby
authorizes the refunding of the Bonds To Be Refunded, and appropriates an amount not to
exceed $5,500,000 to accomplish such refunding. The plan of financing said appropriation
includes the issuance of not to exceed $5,500,000 Refunding Bonds and the levy and collection
of a tax upon all the taxable real property within the Town to pay the principal of and interest on
said Refunding Bonds as the same shall become due and payable. Serial bonds of the Town in
the maximum principal amount of $5,500,000 and designated "REFUNDING SERIAL BONDS-
2004", are hereby authorized to be issued pursuant to the provisions of the Law. The proposed
financial plan for the refunding in the form attached hereto as Exhibit A (the "refunding financial
plan") prepared for the Town by Fiscal Advisors & Marketing, Inc., Syracuse, New York, and
hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds
with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 10 hereof, the
payment of all costs incurred by the Town in connection with said refunding from such proceeds
and the investment of a portion of such proceeds by the Escrow Holder in certain obligations.
The principal of and interest on such investments, together with the balance of such proceeds to
be held uninvested, if any, shall be sufficient to pay (1) the principal of and interest on the Bonds
To Be Refunded becoming due and payable on and prior to each applicable Redemption Date
and (2) the principal of and premium on the Bonds To Be Refunded which are to be called for
redemption prior to maturity on any such Redemption Date.
Section 3. The Bonds To Be Refunded referred to in Section 1 hereof are all or a portion
of the unmatured aggregate outstanding balances of the Bonds issued pursuant to various bond
resolutions duly adopted on their respective dates, authorizing the issuance of bonds of the Town
for various purposes. In accordance with the refunding financial plan, the Refunding Bonds
authorized in the aggregate principal amount of not to exceed $5,500,000 shall mature in
amounts and at dates to be determined. The Supervisor, the chief fiscal officer of the Town, is
hereby authorized to approve all details of the refunding financial plan not contained herein.
AUGUST 18, 2004 TOWN BOARD MEETING PAGE 6
Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond
Amount Limitation. The Refunding Bonds shall mature not later than the maximum period of
probable usefulness permitted by law at the time of original issuance of the Bonds to be
Refunded, for the objects or purposes financed with the proceeds of the Bonds to be Refunded,
commencing at the date of issuance of the first bond or bond anticipation note issued in
anticipation of the sale of such bonds. The applicable periods of probable usefulness ("PPU") for
each of the objects or purposes financed with the proceeds of the Bonds to be Refunded, are as
shown in Exhibit B annexed hereto and hereby made a part hereof.
Section 5. The aggregate amount of estimated Present Value Savings is set forth in the
proposed refunding financial plan attached hereto as Exhibit A, computed in accordance with
subdivision two of paragraph b of Section 90.10 of the Law. Said refunding financial plan has
been prepared based upon the assumption that the Refunding Bonds will be issued in the
aggregate principal amount, and will mature, be of such terms, and bear such interest as set forth
therein. The Town Board recognizes that the principal amount of the Refunding Bonds, the
maturities, terms and interest rates, the provisions, if any, for the redemption thereof prior to
maturity, and whether or not any or all of the Refunding Bonds will be insured, and the resulting
Present Value Savings, may vary from such assumptions and that the refunding financial plan
may vary from that attached hereto as Exhibit A.
Section 6. The Refunding Bonds shall be sold at private sale and the Supervisor, the chief
fiscal officer of the Town, is hereby authorized to execute a purchase contract on behalf of the
Town for the sale of said Refunding Bonds, provided that the terms and conditions of such sale
shall be approved by the State Comptroller, and further providing that prior to the issuance of the
Refunding Bonds the Supervisor shall have filed with the Town Board a certificate approved by
the State Comptroller setting forth the Present Value Savings to the Town resulting from the
issuance of the Refunding Bonds. In connection with such sale, the Town authorizes the
preparation of an Official Statement and approves its use in connection with such sale, and
further consents to the distribution of a Preliminary Official Statement prior to the date said
Official Statement is distributed. The Supervisor is hereby further authorized and directed to take
any and all actions necessary to accomplish said refunding, and to execute any contracts and
agreements for the purchase of and payment for services rendered or to be rendered to the Town
in connection with said refunding, including the preparation of the refunding financial plan
referred to in Section 2 hereof.
Section 7. Each of the Refunding Bonds authorized by this resolution shall contain the
recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be
general obligations of the Town, payable as to both principal and interest by a general tax upon
all the taxable real property within the Town without limitation as to rate or amount. The faith
and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal
of and interest on said Refunding Bonds and provision shall be made annually in the budget of
the Town for (a) the amortization and redemption of the Refunding Bonds to mature in such year
and (b) the payment of interest to be due and payable in such year.
Section 8. Subject to the provisions of this resolution and of the Law, and pursuant to the
provisions of Section 21.00 of the Law with respect to the issuance of bonds having substantially
level or declining annual debt service, and Sections 50.00, 56.00 to 60.00, 90.10 and 168.00 of
the Law, the powers and duties of the Town Board relative to determining the amount of Bonds
To Be Refunded, to prescribing the terms, form and contents and as to the sale and issuance of
the Refunding Bonds, and executing any arbitrage certification relative thereto, and as to
executing the Escrow Contract described in Section 10, the Official Statement referred to in
Section 6 and any contracts for credit enhancements in connection with the issuance of the
Refunding Bonds and any other certificates and agreements, and as to making elections to call in
and redeem all or a portion of the Bonds to be Refunded, are hereby delegated to the Supervisor,
the chief fiscal officer of the Town.
Section 9. The validity of the Refunding Bonds authorized by this resolution may be
contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is not
authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication
of such resolution, or a summary thereof, are not substantially complied with,
AUGUST 18, 2004 TOWN BOARD MEETING PAGE 7
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 10. Prior to the issuance of the Refunding Bonds, the Town shall contract with a
bank or trust company located and authorized to do business in New York State, for the purpose
of having such bank or trust company act as the Escrow Holder of the proceeds, inclusive of any
premium from the sale of the Refunding Bonds, together with all income derived from the
investment of such proceeds. Such Escrow Contract shall contain such terms and conditions as
shall be necessary in order to accomplish the refunding financial plan, including provisions
authorizing the Escrow Holder, without further authorization or direction from the Town, except
as otherwise provided therein, (a) to make all required payments of principal, interest and
redemption premiums to the appropriate paying agent with respect to the Bonds To Be
Refunded, (b) to pay costs and expenses incidental to the issuance of the Refunding Bonds,
including the development of the refunding financial plan, and costs and expenses relating to the
execution and performance of the terms and conditions of the Escrow Contract and all of its fees
and charges as the Escrow Holder, (c) at the appropriate time or times to cause to be given on
behalf of the Town the notice of redemption authorized to be given pursuant to Section 13
hereof, and (d) to invest the monies held by it consistent with the provisions of the refunding
financial plan. The Escrow Contract shall be irrevocable and shall constitute a covenant with the
holders of the Refunding Bonds.
Section 11. The proceeds, inclusive of any premium, from the sale of the Refunding
Bonds, immediately upon receipt, shall be placed in escrow by the Town with the Escrow Holder
in accordance with the Escrow Contract. All moneys held by the Escrow Holder shall be invested
only in direct obligations of the United States of America or in obligations the principal of and
interest on which are unconditionally guaranteed by the United States of America, which
obligations shall mature or be subject to redemption at the option of the holder thereof not later
than the respective dates when such moneys will be required to make payments in accordance
with the refunding financial plan. Any such moneys remaining in the custody of the Escrow
Holder after the full execution of the Escrow Contract shall be returned to the Town and shall be
applied by the Town only to the payment of the principal of or interest on the Refunding Bonds
then outstanding.
Section 12. That portion of such proceeds from the sale of the Refunding Bonds, together
with interest earned thereon, which shall be required for the payment of the principal of and
interest on the Bonds To Be Refunded, including any redemption premiums, in accordance with
the refunding financial plan, shall be irrevocably committed and pledged to such purpose and the
holders of the Bonds To Be Refunded shall have a lien upon such moneys and the investments
thereof held by the Escrow Holder. All interest earned from the investment of such moneys
which is not required for such payment of principal of and interest on the Bonds To Be Refunded
shall be irrevocably committed and pledged to the payment of the principal of and interest on the
Refunding Bonds, or such portion or series thereof as shall be required by the refunding financial
plan, and the holders of such Refunding Bonds shall have a lien upon such moneys held by the
Escrow Holder. The pledges and liens provided for herein shall become valid and binding upon
the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder
shall immediately be subject thereto without any further act. Such pledges and liens shall be
valid and binding against all parties having claims of any kind in tort, contract or otherwise
against the Town irrespective of whether such parties have notice thereof. Neither this resolution,
the Escrow Contract, nor any other instrument relating to such pledges and liens, need be filed or
recorded.
Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of
Section 90.10 of the Law, the Town Board hereby elects to call in and redeem all or a portion of
the Bonds To Be Refunded which are subject to prior redemption according to their terms on the
applicable Redemption Date, as shall be determined by the Supervisor in accordance with
Section 8 hereof. The sum to be paid therefor shall be the par value thereof, the accrued interest
to such Redemption Date and the redemption premiums, if any. The Escrow Holder is hereby
authorized and directed to cause a notice of such call for redemption to be given in the name of
the Town by mailing such notice at least thirty days prior to such Redemption Date, or in
accordance with the terms appearing in the Bonds to be Refunded, to the registered holders of
the Bonds To Be Refunded which are to be called in and redeemed. Upon the issuance of the
Refunding Bonds, the election to call in and redeem the Bonds To Be Refunded which are to be
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AUGUST 18, 2004 TOWN BOARD MEETING PAGE 8
called in and redeemed in accordance herewith and the direction to the Escrow Holder to cause
notice thereof to be given as provided in this Section shall become irrevocable and the provisions
of this Section shall constitute a covenant with the holders, from time to time, of the Refunding
Bonds, provided that this Section may be amended from time to time as may be necessary to
comply with the publication requirements of paragraph a of Section 53.00 of the Law, as the
same may be amended from time to time.
Section 14. This bond resolution shall take effect immediately, and the Town Clerk is hereby
authorized and directed to publish the foregoing resolution, in summary, together with a Notice
attached in substantially the form prescribed by Section 81.00 of the Law in "The Cortland
Standard," a newspaper having a general circulation in the Town and hereby designated the
official newspaper of said Town for such publication.
Mr. Shehadi apprised the Board that Financial Advisors & Marketing, Inc. would be able
to assist the Town with bonding for the Highland Road Sewer Improvement Project if necessary.
Also, if monies were needed prior to being approved by the Environmental Facilities Corp.
(EFC), his firm could help with the financing.
Mr. Shehadi offered the firm's assistance with refinancing the Town's two outstanding
BANS for the Town Municipal Building due in March, and for Page Green Water &
Sewer/Crestwood Court Sewer, which is due in June.
Supervisor Thorpe offered privilege of the floor to County Legislator Paul Allen.
Cortland County Legislator, Paul Allen requested privilege of the floor at the second
meeting in September to discuss the proposed County local law to eliminate the elected County
Treasurer position and replace it with an appointed County Comptroller. Mr. Allen aurised the
Board a public hearing would be held regarding the proposed local law on August 19 , 2004 at
6:00 p.m., with a power point presentation held prior at 5:30 p.m.
Mr. Allen apprised the Board a second local law was sponsored to replace the elected
office of County Treasurer with an elected County Comptroller. He explained that an elected
Comptroller would have mandatory qualifications.
Attorney Folmer questioned when the first local law would become effective if passed.
Mr. Allen stated the proposed local law would become effective January 1, 2005 if
adopted by the Legislature at the August 19d' meeting and then by referendum at the November
2004 election.
Attorney Folmer questioned whether the Legislature was sure they could abolish the
office during the current County Treasurer's term, and if so on what basis.
Mr. Allen stated it was based on a dissenting opinion from the Appellate Division upheld
as law that became the case law stating, "it is not a person who has the right to the office, it is an
office that exists because of the people."
Attorney Folmer apprised Mr. Allen the case he referred to was Westchester County
against DelBello, 70 App. Div. 2"d. Judge O'Conner and one other judge on the appellate
division wrote a dissenting opinion that was not held as law. The case started at Special Term
and went to the Appellate Division 2nd Dept.. The determination was affirmed on the opinion at
Special Term.
Attorney Folmer stated it was his understanding that the compensation of an elected
official cannot be changed during his current term, and therefore questioned how an elected
official could be thrown out of his term.
Mr. Allen stated the Legislature has competent counsel that he relies on and stated they
have looked into the situation very thorough. He invited the Board to attend the informational
meeting and the public hearing -on August 19 to voice any concerns.
Attorney Folmer suggested Mr. Allen take a look at the dissenting opinion because
relying on it was a "dangerous process." He requested Mr. Allen have the County Attorney
provide him with the citation to the case that affirmed the dissenting opinion.
Councilman Rocco stated it seemed like a "witch hunt" was going on against the
Treasurer from problems that were a result of the previous administration. He felt that the
Legislature had a vendetta against the Treasurer, Don Ferris, and that the Legislature was not
assisting the Treasurer get things done. With the few number of employees the Treasurer has,
Councilman Rocco suggested that perhaps more employees were needed.
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AUGUST 18, 2004 TOWN BOARD MEETING PAGE 9
Mr. Allen apprised the Board the Legislature removed a number of tasks from the
Treasurer's Office and assigned them to other areas. Also, the State did not feel the staff was
inappropriate. One of the specific points brought up in the Comptroller's Report was that they
did not find any oversight being performed in the Treasurer's Office on a managerial level.
Attorney Folmer commented that the Comptroller's Report also found that there was no
oversight in the Legislature for several years.
Supervisor Thorpe stated there are many people who do not know the ramifications of
what is going on, and feel that the Legislature is trying to "ram something down our throats."
Mr. Allen apprised the Board the Legislature would actively help bring the voting public
up to speed on the issue so that the public has all the facts and can make an informed decision.
Supervisor Thorpe stated that people would feel more comfortable if an effort was made
at this point in time to fix the problem directly, rather than looking to the future to change the
composition of the Treasurer's Office and perhaps the structure of the Legislature.
Councilman Rocco stated it would appear that the Board supported the presentation if
Mr. Allen and the Legislature did a power point presentation at the Town. The Board would
want to offer both sides. - He stated that if the Legislature were set on getting rid of the
Treasurer's Office, the County would be lobbying in the town halls of Cortland County rather
than presenting a fair and balanced position.
Councilman Pilato questioned why the Legislature was not looking at the problem rather
than looking at the position. He questioned how an appointed position would solve the problem.
According to Mr. Allen, the County would be able to hire someone with a background in
municipal accounting rather than based on the current minimum qualifications of being 18 years
of age and residing in Cortland County. He stated it does not serve the County well for someone
to enter into the position of Treasurer without a municipal accounting background.
Councilman Pilato stated the position is up to the voters. He made the point that if the
law states a person must have minimal qualifications to be elected into office, than the voters
must have expressed some confidence that the job could get done. If there in an oversight it
should be fixed rather than saying that the elected person does not have the standards needed to
do the job. If the issue is with the qualifications for the position, Councilman Pilato felt the
qualifications should be changed, rather than changing the post from an elected to an appointed
position. Also, if it were changed to an appointed position the appointed person would serve at
the desire of the Legislature.
Mr. Allen stated there are several positions within the County that are appointed such as
the County Attorney and the Clerk of the Legislature. Any time there is a change with the
majority party the appointed positions do not necessarily change. He recalled the creation of the
position of County Administrator, which was an exhaustive procedure. Mr. Allen stated the
position of County Comptroller, if created, would be a contract position hired based upon
qualifications.
Attorney Folmer stated Mr. Allen was discussing selection rather than termination, of
which there is a difference. The County could find someone with all the qualifications and
credentials. The question is not how do you go about hiring, but rather who has the right, and
under what circumstances, to fire the appointed person.
Supervisor Thorpe stated that the Legislature has treated the voters with contempt in the
whole concept. An appointed person who proves to be incompetent could remain in the position
and the voters would have nothing to say about it. Instead it would be up to the Legislature to
determine competence.
Mr. Allen apprised the Board the contract for the appointed position would be between
three and five years. At the end of the period a reappointment would be subject to negotiations.
Attorney Folmer stated there is no doubt that there are problems in the Treasurer's
Office; the State and the Legislature have both discovered the problems. He did not have a
quarrel with the Legislature trying to solve the problems, but had a significant quarrel with the
manner in which it is being done. The perception is that the County Legislature "is after Don
Ferris."
Mr. Allen stated the purpose was to give the people the opportunity to go to the polls and
vote.
Councilman Rocco reminded Mr. Allen that the people had the opportunity to elect an
accountant as County Treasurer at the last election, and instead chose Mr. Ferris.
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AUGUST 18, 2004 TOWN BOARD MEETING PAGE 10
Supervisor Thorpe offered privilege of the floor to Dan Bilodeau and Rick Williams.
Dan Bilodeau of the Village of McGraw Recreation Department gave the Board an
update regarding the Recreation Department, including the percentage of children attending the
.programs and the contributions from municipalities for the year. The Recreation Department has
baseball, softball, soccer and basketball programs, as well as significant participation in outdoor
basketball and the walking trail, which are not monitored.
Rick Williams of the McGraw Recreation Department apprised the Board that everyone
is invited to attend the free program. The only events that require money are the day trips, of
which half the cost is paid by the Recreation Department. He informed the Board that children
attend the program from 45 different locations and that 160 children attended the last event held
today, which included free food.
Councilman Rocco stated he was impressed with the facilities and commented that many
adults use the facilities. He suggested to Mr. Bilodeau and Mr. Williams that they provide
statistics to the Board regarding adult participation.
Mr. Williams commented that many adults use the facilities with their children, but there
are many adults who drop their children off for the day. He stated he would rather have children
supervised through the program than "running around the streets."
Supervisor Thorpe questioned whether Mr. Bilodeau and Mr. Williams would like a
contribution from the Town based on attendance percentages.
Mr. Bilodeau apprised the Board the McGraw Recreation Department was not planning
to request an increase in funding for the program for the 2005 year. He mentioned that the Town
Highway Department assists the McGraw Recreation Department with many projects because
they lack manpower and equipment for projects.
Mr. Williams assured the Board that the Town's contribution to the Recreation
Department is well spent and greatly appreciated.
Supervisor Thorpe requested Mr. Bilodeau and Mr. Williams make a recommendation to
the Board prior to budgeting time regarding the Town's contribution for 2005.
Supervisor Thorpe offered privilege of the floor to David and Theresa Foster.
David Foster of 1341 Starr Road, requested help from the Board regarding an issue with
his neighbor. The owner of vacant land between his home and the NYS Office of Mental
Retardation has allowed 20-30 ft. of clean fill to be dumped on the land. The clean fill, which
includes concrete, a television, and weight training equipment, has blocked the culvert, rolled
down the hill, and is starting to end up on his property. Mr. Foster believed that a retaining wall
should be constructed to prevent future destruction.
Councilman Rocco questioned whether the creek behind Mr. Foster's house was an
intermittent creek, which only runs when it rains. He commented that the DEC normally gets
involved whenever streams are impeded.
Mr. Foster stated the only time the creek runs heavily is during the spring, and mentioned
that he contacted the DEC in Ithaca over a week ago. The response he received from the DEC
was that they would venture to Cortland if it were worth it.
Mrs. Foster stated it was incredible that the neighbors were creating a "dump" and no
permit was required.
Supervisor Thorpe commented that as long as the fill is clean fill no permit is required.
Councilman O'Donnell stated he discussed the issue with CEO Bruce Weber, who
informed him that Mr. Foster contacted the County Highway Department regarding a problem
with the sluice.
Mr. Foster stated that the sluice is blocked, and could potentially create a man-made pond
across the street at Marty Mack's house, as well as flood his home. The property owners who
are creating the problem informed Mr. Foster that they had permission to run a 40 ft. pipe
extension to the sluice. However, the property owner would not share the letter with Mr. Foster.
Attorney Folmer questioned who Mr. Foster spoke with at the County.
Mr. Foster stated he spoke with Highway Superintendent Joseph Eggleston, as well as his
assistant who was supposed to check into the problem.
Mrs. Foster apprised the Board that some of the concrete blocks have from the clean fill
are rolling down the hill and landing on her property, which was of concern.
Councilman O'Donnell stated that attorneys are often used to solve such problems.
Attorney Folmer stated he was not sure whether anything could be done regarding the
clean fill, but if the culvert is blocked the County should be concerned.
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AUGUST 18, 2004 TOWN BOARD MEETING PAGE 11
Mr. Foster stated he did not know who else to contact since he already contacted the
DEC, the County Highway Superintendent, as well as County Legislator Danny Ross who
visited the site and referred him to the Town.
Supervisor Thorpe understood the Foster's frustration, but commented that it was the
County's jurisdiction. Although the County did not create the problem with the sluice, it is a
County sluice that they take care of.
Attorney Folmer recommended the Foster's call Legislator Danny Ross and Legislator
Paul Allen, Michael Barylski from the Cortland DEC, as well as their neighbor, Marty Mack,
who is the Assistant Attorney General of the State of New York.
Supervisor Thorpe offered privilege of the floor to Ron Barrows.
Ron Barrows of The Barrows Group apprised the Board that an issue was brought to his
attention last week, which he wanted to explain and apologize for. He explained that several
months ago the Board received a draft of the promotional brochure using by volunteers for the
Starr Road Park and Recreation Center. The brochure was put together by the Steering
Committee as a tool for the volunteers to use when contacting people to raise funds for the park.
At an April 2004 meeting, Mr. Barrows apprised the Board he would come back before
the Board for formal approval of the brochure. However, the Steering Committee was under
pressure and had to print the brochure. It was his understanding that approval was obtained from
the Town Board. The brochure was not on the Board's agenda nor brought to the Board's
attention for approval, yet the Steering Committee approved printing of the brochure. Mr.
Barrows stated it was an error on part of the Steering Committee as well as an error on part of
himself.
Mr. Barrows informed the Board it was brought to his attention after the fact that there
were concerns and errors with the listing of key people on the brochure. He stated the errors
were inadvertent and was not intended to slight anyone, nor was it intended to be disrespectful
by not using full names and titles. Instead, the brochure was a tool for volunteers with limited
distribution. At the end of the project, when the facility is built, a formal brochure would be
issued to the general public allowing people to know all Town officials and staff as well as how
to access the facility and take advantage of the park.
Mr. Barrows apologized to the Board and requested they authorize payment of the
voucher for the printing of the brochures, as well as approval to use the brochure as is.
Supervisor Thorpe questioned whether the brochure was correct.
Mr. Barrows stated the point was that the brochure was incomplete. The brochure that
was printed was designed to be a tool for the volunteers. The goal was to identify the Board, the
staff person in the Town who would be processing thank -you notes and pledges, who is Patty
O'Mara, and the Steering Committee. The purpose was not to list all elected officials and
employees of the Town. Mr. Barrows stated it should have been brought to the Board's attention
prior to the brochure being printed for approval.
Councilman O'Donnell stated that he and Councilman Testa are on the Steering
Committee and would therefore not let Mr. Barrows accept full blame. for the brochure.
Councilman O'Donnell apprised the Board that he and Councilman Testa assured Mr. Barrows
and the Steering Committee that the brochure was complete. He reiterated that the Steering
Committee was in a hurry for the brochure to be printed so that they could start receiving
donations.
Councilman O'Donnell stated he could justify every name listed on the brochure and why
it was listed in the manner that it was. He gave the example that Peter Alteri is not listed as the
Water & Sewer Sup't. on the brochure because he is not on the Steering Committee under that
title. He stated that Patty O'Mara is listed because she will be assisting with the project.
Councilman O'Donnell did not make any apologies for the brochure and stated it was fine.
Councilman Rocco made it clear that Councilman O'Donnell was not present at the
meeting when the voucher was not approved, and added that Councilman Testa did not say
anything. He stated that the Board likes to see and approve documents that go out on behalf of
the Town of Cortlandville, and commented that Mr. Barrows now knows that he must follow
protocol. He questioned Mr. Barrows as to who worked on the brochure.
Mr. Barrows stated he did not mean to offend anyone and expressed his apologies once
again. He commented that the Steering Committee worked on the brochure, which included
Councilman O'Donnell and Councilman Testa.
Councilman Rocco stated that perhaps he and the rest of the Board did not understand
that Councilman O'Donnell and Councilman Testa were acting on the Board's behalf, and may
not have objected to that for the sake of expediency of the brochure.
Councilman O'Donnell stated the brochure is intended for the "bigger givers" who have
the ability to donate $5,000 or more, and is not intended for the general public.
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AUGUST 18, 2004 TOWN BOARD MEETING PAGE 12
Town Clerk Snyder stated that if they were planning to approach the "bigger givers" one
would think that the names would be listed in a more professional manner.
Mr. Barrows apprised the Board the names were listed according to the Supervisor's
stationary, which The Barrows Group was given to use. In the future, he stated that all materials
to be used for the public would be brought to the Board for approval.
Mr. Barrows stated that when working on projects, The Barrows Group tries to develop a
personality for the project and the client. The personality for the Starr Road Park and Recreation
Center is more relaxed than a project would be for an Opera. He reiterated that the brochure was
not meant to offend anyone, and very seldom has anything that The Barrows Group put out be
considered less than professional.
Councilman Pilato stated the mistake has been duly noted and hoped The.Barrows Group
would apprise the Board regarding similar matters in the future.
Mr. Barrows also introduced Sue Stevens, a new staff consultant for The Barrows Group,
who is working on the Starr Road Park and Recreation Center project.
RESOLUTION #139 AUTHORIZE PAYMENT OF VOUCHER B-74 TO
CORTLAND PRESS
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize payment of voucher B-74 in the
amount of $1145.00 to Cortland Press for the printing of brochures to be used for the Cortlandville
Starr Road Park & Recreation Center.
The monthly report of the Town Justice for the month of July 2004 is on the table for
review and filed in the Town Clerk's office.
Town Clerk Snyder apprised the Board the Town was in receipt of a Notice of a Petition on
Special Franchise Assessments for the year 2004 from New York State Electric and Gas
Corporation against the State Board of Real Property Services.
RESOLUTION #140 ACKNOWLEDGE RECEIVING NOTICE OF PETITION
FOR REVIEW OF ASSESSMENTS
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition, regarding their current assessments, from New York State Electric & Gas
Corporation.
Supervisor Thorpe offered privilege of the floor to Frank Clark.
Frank Clark, who resides at 17 Lorraine Drive, apprised the Board there is a problem
with cats in the mobile home park owned by Cortland MHP Associates, located on NYS Route
13. Mr. Clark was in attendance to support Pam Monk, who was placed on the agenda to discuss
the issue, yet did not show up for the meeting.
Councilman O'Donnell apprised Mr. Clark that the Town does not have a cat ordinance.
Supervisor Thorpe suggested the residents of the park talk with the manager of the park,
since the residents pay rent to the park.
Mr. Clark stated the managers are aware of the issue but have not done anything. The
SPCA is also aware of the issue but is overloaded with cats already. He suggested the Town
look into licensing cats, which he believed was being done in North Syracuse.
►3q
AUGUST 18, 2004
TOWN BOARD MEETING
PAGE 13
Attorney Folmer reported:
Draft of Noise Ordinance:
Attorney Folmer apprised the Board he has been working on a Noise Ordinance for the
Town and would present it at a later date. He stated he did not know what to do regarding the
issue of bonfires because he was not sure how to measure what an acceptable bonfire is from
what is not.
Fee Increase for Permits:
Attorney Folmer apprised the Board that Town Clerk Snyder requested he review the fees
for Circus/Carnival Permits and Transient Permits. He agreed that an increase in fees should be
discussed because the current fees are inexpensive for the work that has to be done by the Town
Clerk as well as for what the permits are for. Attorney Folmer suggested they discuss the issue
during budget time to help figure income.
Relief of Sewer Benefit Tax:
Attorney Folmer reminded the Board of the request for a refund of $736.91 for a property
that had been charged a sewer benefit tax when in fact there is no sewer available. Town Clerk
Snyder researched the issue and found documentation to support $547.96, but her records do not
go back to 1995, 1996, and 1997, which is $188.95. Attorney Folmer apprised the Board that
Town Clerk Snyder could find the rest of the documentation if necessary, and recommended the
Board refund the property owner for the requested amount of $736.91.
RESOLUTION #141 AUTHORIZE REMOVAL OF THE SEWER BENEFIT TAX
UNIT CHARGE FOR PROPERTY OWNED BY EDWARD
THOMAS AND ISSUE A REFUND
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Edward Thomas requesting the removal and refund of
the sewer benefit tax levied on his Town & County tax bill for the years 1995 through 2004 for
property located on Deerfield Heights, and
WHEREAS, Town Assessor, David Briggs, has reviewed and investigated said request and
recommended the removal of the sewer benefit tax charge for parcel #95.13-01-08.000, and a
refund for the 2004 tax year only be issued, and it is further
RESOLVED, the Town Assessor, David Briggs, is hereby authorized and directed to remove the
sewer benefit tax charge for parcel#95.13-01-08.000, owned by Edward Thomas commencing
with the 2005 Town & County tax bill, and it is further
RESOLVED, a refund in the amount of $736.91 shall be issued for the tax years 1995-2004.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file correspondence from Kevin Burns of the NYS Office of Parks, Recreation, and Historic
Preservation regarding the Town's application for funding through the Environmental Protection
Fund for the Starr Road Park and Recreation Center. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file correspondence from William McDermott of Woods Edge to Town Engineer, Hayne Smith,
regarding the Highland Road Sewer Improvement Project and sewer service to the Woods Edge
subdivision, dated August 3, 2004. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file correspondence from Town Engineer, Hayne Smith to William McDermott of Woods Edge,
dated August 9, 2004 regarding the Highland Road Sewer Improvement Project. All voting aye,
the motion was carried.
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AUGUST 18, 2004 TOWN BOARD MEETING PAGE 14
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file correspondence from William McDermott of Woods Edge to Town Engineer, Hayne Smith,
regarding the Highland Road Sewer Improvement Project and sewer service to the Woods Edge
subdivision, dated August 13, 2004. All voting aye, the motion was carried.
RESOLUTION #142 REFER CODE VIOLATION OF TIMOTHY MACNEIL FOR
PROPERTY LOCATED AT 3811 VALLEY VIEW DRIVE TO
TOWN ATTORNEY FOR REVIEW AND PROCEED AS
REQUIRED
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the code violation of Timothy MacNeil for property located at 3811 Valley
View Drive, Cortland, New York, tax map #85.19-01-33.000, is hereby referred to the Town
Attorney for review and he is hereby directed to proceed with compliance, as required.
Attorney Folmer requested the Board convene to an executive session at the conclusion
of the meeting to discuss the acquisition of land.
Attorney Folmer apprised the Board he was advised by CEO Bruce Weber that Newell
Willcox would remove the fourth trailer located on his NYS Route 13 property, so that he would
be in compliance with his conditional permit. No formal action would therefore be required on
behalf of the Town. The Code Violation of Mr. Willcox was referred to Attorney Folmer at the
August 4, 2004 meeting.
Attorney Folmer mentioned that the Environmental Facilities Corp. has all of the material
needed from the Town for financing the Highland Road Sewer Improvement Project. He
commented that the attorneys for the EFC have been very helpful, and was encouraged that the
Town may receive some money for the project, although not all of it. He stated the Town would
be able to close on the loan in September 2004.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file correspondence from NYS Office of State Comptroller regarding the modification of NYS
Retirement Systems' annual payment date and the reserve provision for pension contributions.
All voting aye, the motion was carried.
There was a brief discussion regarding correspondence from Trish Hansen of TLC
Emergency Medical Services Inc. and her response to a Letter to the Editor regarding an
emergency call. A complaint was made that due to the absence of street signs it took a TLC
ambulance 40 minutes to arrive at a call, which according to Ms. Hansen took only 10 minutes.
Supervisor Thorpe stated he spoke with Highway Sup't. Bush regarding the issue and the
road sign would be replaced.
Councilman O'Donnell commented that residents who notice missing signs should
contact the Town because the signs have to be ordered. Town Highway employees are not
necessarily looking for missing signs.
Councilman Rocco questioned how the woman who wrote the Letter to the Editor could
claim it took the ambulance 40 minutes to locate the house.
Supervisor Thorpe stated the letter was exaggerated and believed that Trish Hansen
should send a copy of her correspondence to the Cortland Standard. He stated the inaccuracy
was not acceptable.
Town Clerk Snyder apprised the Board that Ms. Hansen intended to write a Letter to the
Editor, and indicated that she would try to get a hold of the woman who wrote the complaint.
Highway Sup't. Bush apprised the Board the woman who made the complaint called the
Highway Department once, rather than several times as she stated.
Councilman Rocco questioned whether the ambulances use geo-positioning.
Supervisor Thorpe did not believe ambulance companies used the technology because not
all people have a GPS transmitter or receiver.
13(
AUGUST 18, 2004 TOWN BOARD MEETING PAGE 15
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Trish Hansen of TLC Emergency Medical Services Inc., regarding a
Letter to the Editor in the Cortland Standard regarding a response to an emergency call on
Cosmos Hill Road. All voting aye, the motion was carried.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Pilato, to recess the Regular
Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 6:50 p.m.
The following information was received from the Supervisor's office.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
No action was taken.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:00 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville
1