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HomeMy WebLinkAbout09-17-2008SEPTEMBER 17, 2008 5:00 P.M. 1 G-7 PUBLIC HEARING NO. 1 BONDING FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT IN THE TOWN OF CORTLANDVILLE (NYS ROUTE 281/MCLEAN ROAD) A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the increase and improvement of facilities of the Townwide Water District (NYS Route 281/McLean Road), in the Town of Cortlandville. Members present: Deputy Supervisor, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, John C. Proud Town Clerk, Karen Q. Snyder Absent: Supervisor, Richard C. Tupper Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; Chuck Feiszli from Resource Associates; Daniel Mones from Valley View Gardens; Tad Murray from Intertek Testing Services NA, Inc.; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel 2, Access TV. Deputy Supervisor Testa called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Deputy Supervisor Testa offered privilege of the floor to those in attendance. Councilman O'Donnell commented that the Bonding was necessary in order to pay for the NYS Route 281/McLean Road Water Improvement Project. No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:02 p.m. 1 WA SEPTEMBER 17, 2008 5:02 P.M. PUBLIC HEARING NO. 2 BONDING FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE SEWER DISTRICT IN THE TOWN OF CORTLANDVILLE (VERNON DRIVE/STARR ROAD) A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the increase and improvement of facilities of the Townwide Sewer District (Vernon Drive/Starr Road), in the Town of Cortlandville. Members present: Deputy Supervisor, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, John C. Proud Town Clerk, Karen Q. Snyder Absent: Supervisor, Richard C. Tupper Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; Chuck Feiszli from Resource Associates; Daniel Mones from Valley View Gardens; Tad Murray from Intertek Testing Services NA, Inc.; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel 2, Access TV. Deputy Supervisor Testa called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Deputy Supervisor Testa offered privilege of the floor to those in attendance. Councilman O'Donnell recalled that the Vernon Drive Sewer Project was for the installation of a new valve/meter that was not only "bigger" and "better", but would produce more accurate meter reads. He stated that the cost of the project would eventually be paid for by the accurate meter reads. Councilman Proud added that there was also a safety concern regarding the location of the meter, which was originally located in the center of the road. The meter was moved out of the safety hazard, which would be much better for meter reads and maintenance. Councilman Proud stated that he was on site the day the meter was changed out, and that there was already a substantial difference between the old meter readings and the new readings. Deputy Supervisor Testa commented that the other portion of the increase and improvement to the sewer district was the extension of the sewer main on Starr Road to the Ted Testa Park. The Town received a grant for the park, however in order to satisfy the grant requirements, public sewer was required. No further comments or discussion were heard. Councilman Proud a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:04 p.m. E 1(9 SEPTEMBER 17, 2008 5:04 P.M. PUBLIC HEARING NO. 3 AQUIFER PROTECTION PERMIT INTERTEK TESTING SERVICES NA, INC. US ROUTE 11 TAX MAP 487.00-03-17.100 & 87.00-03-20.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the Aquifer Protection Permit application submitted by Intertek Testing Services NA, Inc. permitting the construction of a new 20,000 sq. ft. pole barn and a 1,360 sq. ft. addition to an existing pole barn for use as storage for the existing facility, for property located on the south side of US Route 11, approximately 1,000 ft. east of the City of Cortland's boundary, tax map #87.00-03-17.100 & 87.00-03-20.000. Members present: Deputy Supervisor, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, John C. Proud Town Clerk, Karen Q. Snyder Absent: Supervisor, Richard C. Tupper Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; Chuck Feiszli from Resource Associates; Daniel Mones from Valley View Gardens; Tad Murray from Intertek Testing Services NA, Inc.; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel 2, Access TV. Deputy Supervisor Testa called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Deputy Supervisor Testa offered privilege of the floor to those in attendance. Tad Murray, Facilities Manager at Intertek Testing Services NA, Inc., apprised the Board there was a minor correction to the plans for the facility from what was stated in the legal notice. Intertek planned to construct a 100 ft. by 200 ft. pole barn (20,000 sq. ft.); an approximate 40 ft. by 40 ft. (1,600 sq. ft.) addition to an existing pole barn; and a 103 ft. by 150 ft. (15,540 sq. ft.) addition to the existing main building. All three structures would be for cold storage of samples and test equipment. A spill management plan was already completed. There would be no floor drains within the buildings, and no liquids would be stored. Mr. Murray explained that over the years Intertek has grown and occupied all of its existing space. Deputy Supervisor Testa questioned whether the expansion would bring more jobs to the area. Mr. Murray stated there was potential for more job opportunities as the facility expanded. He explained that Intertek bought several companies within the last year, and had already increased employment. Deputy Supervisor Testa questioned when Intertek planned to begin construction. Mr. Murray explained that construction would begin as soon as possible for the addition, while they would wait until January 2009 to construct the pole barns. No further comments or discussion were heard. Councilman Proud a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:10 p.m. 1-70 SEPTEMBER 17, 2008 5:10 P.M. TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Deputy Supervisor Testa presiding. Members present: Deputy Supervisor, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, John C. Proud Town Clerk, Karen Q. Snyder Absent: Supervisor, Richard C. Tupper Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; Chuck Feiszli from Resource Associates; Daniel Mones from Valley View Gardens; Tad Murray from Intertek Testing Services NA, Inc.; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel 2, Access TV. Deputy Supervisor Testa called the Regular Meeting to order. Supervisor Tupper and Councilman Rocco were not in attendance due to prior commitments. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file the Cortlandville Planning Board Minutes of July 8, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file the Cortlandville Zoning Board of Appeals Minutes of July 8, 2008. All voting aye, the motion was carried. The Draft Town Board Minutes of August 6, 2008 and August 20, 2008, and the Draft Special Town Board Minutes of August 26, 2008, were submitted to the Board for their review. RESOLUTION #181 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER Motion by Councilman Proud 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 #464 - 486 $ 60,245.14 General Fund B B149 - B159 $ 29,590.85 Highway Fund DB D331 - D350 $100,653.12 Trust & Agency Tl l - T11 $ 768.00 Water Fund W212 - W220 $ 8,878.05 Sewer Fund S i l l- S 114 $ 19,958.45 Attorney Folmer drew attention to the fact that the Town's last payment to the Cortland Free Library for the months of August and September was included in the vouchers for payment. The Town had a contractual obligation with the library to provided funding to them through the end of 2008. The contract was not affected by the changes made in the Library's funding system by reason of the library tax. Attorney Folmer had been negotiating with Attorney Ruthig, attorney for the Library Board of Trustees, concerning the termination of the contract and the stop of further payments by the Town pursuant to the agreement. Attorney Ruthig agreed that the Town's payment for August and September 2008 would be the last payment made under the contract. The Town and the Library would exchange general releases indicating that the contract was at an end and that the contractual obligation for the last three months of the year would be extinguished. Attorney Folmer explained that a Library contract would not be necessary in succeeding years unless the Town needed to contractually agree to provide services to residents of the Town. 1 1 171. SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 2 Councilman O'Donnell commented on the Cortland County Bicentennial Parade, which was held September 13, 2008. He thanked Councilman/Historian Rocco and Highway Sup't. Carl Bush for their work on the float; CNY Power Sports for donating the equipment; Town employee Jeff MacLean for driving the tractor that pulled the float; and Town Clerk Snyder for walking in the parade along with his wife Eileen O'Donnell. He felt that the parade was a success and that the Town's float was well done. Deputy Supervisor Testa apprised the Board he drove through the Town of Fenner, New York and was amazed by the wind farm. He questioned whether the Town of Cortlandville should contact the Town of Fenner to inquire about the windmills. Attorney Folmer stated that the people who established the wind farm probably approached the Town of Fenner in order to construct the windmills. He discussed the informational meeting that was recently held regarding the wind farm proposal in Cortland County. A committee was recruited to work out a municipal cooperative agreement so that all towns involved in the proposal could participate in the process. Attorney Folmer explained that the majority of the windmills would be located in the towns of Solon or Truxton, while only two windmills were planned for Cortlandville. All three towns as well as the County may be involved in the SEQRA process. A lead agency would have to be established, perhaps where the majority of the windmills were planned. Attorney Folmer reported that CEO Williams was working on a proposed ordinance for the Town regarding windmills, which was not yet ready to be acted on. Discussion continued on the windmills, specifically pertaining to the construction of the windmills and concerns that may arise. There were no further requests for. privilege of the floor. RESOLUTION #182 ACKNOWLEDGE AUDIT REPORT OF THE FISCAL AFFAIRS OF THE TOWN OF CORTLANDIVLLE FROM CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP FOR THE PERIOD ENDING DECEMBER 31, 2007 Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Audit Report of the fiscal affairs of the Town of Cortlandville from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for the period ending December 31, 2007 for the Town of Cortlandville is hereby acknowledged and shall be received and filed. There was discussion regarding the proposed Local Law of 2008 — Amendment to Chapter 155, Transient Business Ordinance. Attorney Folmer apprised the Board he spoke with Planning/Zoning Officer Weber regarding the Transient Business Ordinance. Mr. Weber had a different outlook on the concept of the Transient Business Ordinance and the procedure that should be used to license and regulate them. Mr. Weber requested the opportunity to make a presentation to the Board regarding his proposal, which was a significant change to the proposed ordinance. Attorney Folmer suggested the Board table action on the proposed Local Law to allow Mr. Weber to make his presentation to the entire Board, as Supervisor Tupper and Councilman Rocco were not in attendance. RESOLUTION #183 TABLE ACTION ON LOCAL LAW OF 2008 - AMENDMENT TO CHAPTER 155, TRANSIENT BUSINESS ORDINANCE UNTIL OCTOBER 1.2008 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on proposed Local Law of 2008, Amendment to Chapter 155, Transient Business Ordinance, until October 1, 2008 to allow Planning/Zoning Officer, Bruce Weber the opportunity to present his opinion to the Board. A SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 3 Attorney Folmer reviewed the Short Form SEQR with the Board for both water and sewer improvement projects. The Board found that no substantial adverse environmental impact would be caused for either improvement project. RESOLUTION #184 DECLARE NEGATIVE IMPACT FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT (NYS ROUTE 281/MCLEAN ROAD), IN THE TOWN OF CORTLANDVILLE AND AUTHORIZE DEPUTY SUPERVISOR TO SIGN SEQRA Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, an order was presented for adoption for the increase and improvement of facilities of the Townwide Water District (NYS Route 281/1\4cLean Road), and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare that the increase and improvement of facilities of the Townwide Water District (NYS Route 281/McLean Road), in the Town of Cortlandville, shall have no significant environmental impact, and it is further RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA form for said project. RESOLUTION #185 ADOPT RESOLUTION AND ORDER AFTER PUBLIC HEARING FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT (NYS ROUTE 281/MCLEAN ROAD), IN THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: Deputy Supervisor Testa Aye Councilman Proud Aye Councilman O'Donnell Aye Supervisor Tupper Absent Councilman Rocco Absent ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town Board" and "Town", respectively), in the County of Cortland, New York, on behalf of the Townwide Water District (herein called the "District"), in the Town, has caused to be prepared by an engineer duly licensed by the State of New York (the "Engineer") to prepare a preliminary map and plan for the increase and improvement of facilities of the District, consisting of the installation of new water lines away from the right of way being used for the reconstruction of NYS Route 281/McLean Road, including ancillary work in connection therewith; and pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map and plan for said increase and improvement of facilities of the District and has estimated the cost thereof to be $353,000; and WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on September 17, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law and other applicable law; and -173 SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 4 WHEREAS, such public hearing was duly held by the Town Board on this 17th day of September, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project will not result in any significant adverse environmental impacts and a negative declaration has been adopted by the Town Board; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $353,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $353,000 bonds of the Town, and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same to pay the principal of and interest on said bonds; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Cortland County within ten (10) days after adoption thereof. RESOLUTION #186 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED SEPTEMBER 17, 2008, APPROPRIATING $353,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT, AND AUTHORIZING THE ISSUANCE OF $353,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: Deputy Supervisor Testa Aye Councilman Proud Aye Councilman O'Donnell Aye Supervisor Tupper Absent Councilman Rocco Absent ADOPTED WHEREAS, following preparation of a map and plan and an estimate of cost for the increase and improvement of facilities of the Townwide Water District (herein called the "District"), in the Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, and after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it 1-74 SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 5 RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $325,000 for the increase and improvement of facilities of the District, consisting of the installation of new water lines away from the right of way being used for the reconstruction of NYS Route 281/McLean Road, including ancillary work in connection therewith. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $353,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $353,000 bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same to pay the principal of and interest on said bonds. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $353,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 1 of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution, or for expenditure made prior to the effective date if a declaration of intent to issue bonds has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said 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 bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, 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 17S SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 6 (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, 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 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "THE CORTLAND STANDARD," a newspaper having a general circulation in said Town, which is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. RESOLUTION #187 DECLARE NEGATIVE IMPACT FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE SEWER DISTRICT (VERNON DRIVE/STARK ROAD), IN THE TOWN OF CORTLANDVILLE AND AUTHORIZE DEPUTY SUPERVISOR TO SIGN SEQRA Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, an order was presented for adoption for the increase and improvement of facilities of the Townwide Sewer District (Vernon Drive/Starr Road), and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare that the increase and improvement of facilities of the Townwide Sewer District (Vernon Drive/Starr Road), in the Town of Cortlandville, shall have no significant environmental impact, and it is further RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA form for said project. RESOLUTION #188 ADOPT RESOLUTION AND ORDER AFTER PUBLIC HEARING FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE SEWER DISTRICT (VERNON DRIVE/STARK ROAD), IN THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: Deputy Supervisor Testa Aye Councilman Proud Aye Councilman O'Donnell Aye Supervisor Tupper Absent Councilman Rocco Absent ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town Board" and "Town", respectively), in the County of Cortland, New York, on behalf of the Townwide Sewer District (herein called the "District"), in the Town, has caused an engineer duly licensed by the State of New York (the "Engineer") to prepare a preliminary map and plan for the increase and improvement of facilities of the District, consisting of the installation of a new flow valve and improvements to existing sewer lines on Vernon Drive, including ancillary work in connection therewith, and construction of new sewer service to Starr Road; and pursuant to the direction of the Town, the Engineer has completed and filed with 176 SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 7 the Town Board such preliminary map and plan for said increase and improvement of facilities of the District and has estimated the cost thereof to be $325,000; and WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on September 17, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law and other applicable law; and WHEREAS, such public hearing was duly held by the Town Board on this 17th day of September, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project will not result in any significant adverse environmental impacts and a negative declaration has been adopted by the Town Board; Now, therefore, on the basis of the information given and received at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $325,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $325,000 bonds of the Town, and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same to pay the principal of and interest on said bonds; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Cortland County within ten (10) days after adoption thereof. RESOLUTION #189 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED SEPTEMBER 17, 2008, APPROPRIATING $325,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE SEWER DISTRICT (VERNON DRIVE/STARK ROAD), AND AUTHORIZING THE ISSUANCE OF $325,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: Deputy Supervisor Testa Aye Councilman Proud Aye Councilman O'Donnell Aye Supervisor Tupper Absent Councilman Rocco Absent ADOPTED 177 SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 8 WHEREAS, following preparation of a map and plan and an estimate of cost for the increase and improvement of facilities of the Townwide Sewer District (herein called the "District"), in the Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, and after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $325,000 for the increase and improvement of facilities of the District, consisting of the installation of a new flow valve and improvements to existing sewer lines on Vernon Drive, including ancillary work in connection therewith, and construction of new sewer service to Starr Road. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $325,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $325,000 bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same to pay the principal of and interest on said bonds. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $325,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution, or for expenditures made prior to the effective date if a declaration of intent to issue bonds has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said 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 bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to 178 SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 9 executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, 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, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (b) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "THE CORTLAND STANDARD," a newspaper having a general circulation in said Town, which is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Intertek Testing Services NA, Inc. for property located on US Route 11. RESOLUTION 9190 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #6 OF 2008 SUBMITTED BY INTERTEK TESTING SERVICES NA, INC. FOR PROPERTY LOCATED ON US ROUTE 11 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Intertek Testing Services NA, Inc. to permit the construction of a 100 ft. by 200 ft. pole barn (20,000 sq. ft.), a 15,540 sq. ft. storage area addition onto SW corner, and a 1,600 sq. ft. storage area on the NE corner of existing Intertek building, for property located on the south side of US Route 11, approximately 1,000 ft. east of the City of Cortland's boundary, owned by Electrical Testing Laboratories, Inc., tax map #87.00-03-17.100 & 87.00-03-20.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Intertek Testing Services NA, Inc., Aquifer Protection Permit #6 of 2008, shall have no significant environmental impact. RESOLUTION #191 AUTHORIZE DEPUTY SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #6 OF 2008 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED 179 SEPTEMBER 17, 2008 TOWN BOARD MEETING rMIT Cam; BE IT RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #6 of 2008, submitted by Intertek Testing Services NA, Inc. RESOLUTION #192 APPROVE AQUIFER PROTECTION PERMIT #6 OF 2008 SUBMITTED BY INTERTEK TESTING SERVICES NA, INC. FOR PROPERTY LOCATED ON US ROUTE 11 SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #6 of 2008, submitted by Intertek Testing Services NA, Inc., permitting the construction of a 100 ft. by 200 ft. pole barn (20,000 sq. ft.), a 15,540 sq. ft. storage area addition onto SW corner, and a 1,600 sq. ft, storage area on the NE corner of existing Intertek building, for property located on the south side of US Route 11, approximately 1,000 ft. east of the City of Cortland's boundary, owned by Electrical Testing Laboratories, Inc., tax map #87.00-03-17.100 & 87.00-03-20.000, subject to the following conditions from the County Planning Board: 1. That there would be no floor drains within the proposed buildings. 2. The applicant obtaining approval of the proposed stormwater pollution prevention plan from the Town. 3. The applicant filing a Notice of Intent with the NYS Department of Environmental Conservation (DEC) in addition to the preparation of the stormwater pollution prevention plan per the NYS Phase II stormwater regulations if it is determined that the proposal, along with the additions proposed earlier this year, will result in the disturbance of at least one acre of land. 4. The applicant's submittal of the facility's spill management plan to the Town which includes precautions for any hazardous materials which may be stored in the new pole barns. 5. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Deputy Supervisor is hereby authorized to sign the permit. Town Clerk Snyder commented on the Bicentennial Parade and stated she was both proud and honored to represent the Town of Cortlandville in the parade. Attorney Folmer reported: Termination of Article 78 Proceeding: Attorney Folmer apprised the Board the Article 78 Proceeding filed by Arnold, Pace, Armideo, Calabro, Pace & Pace vs. the Town of Cortlandville, regarding the enactment of the Town Zoning Law and the United Development Project, was terminated. The attorney for the Petitioners was instructed to withdraw the proceeding, and therefore requested the Court withdraw and discontinue the matter. SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 11 RESOLUTION 4193 AWARD BID TO THOMA DEVELOPMENT CONSULTANTS FOR PROGRAM DELIVERY AND ADMINISTRATIVE SERVICES FOR THE FY 2008 HOME PROGRAM (CDBG) "ELDERLY OWNER OCCUPIED REHABILITATION PROGRAM" Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for program delivery and administrative services of the FY 2008 HOME Program (CDBG), "Elderly Owner Occupied Rehabilitation Program," to be submitted to the Town Clerk by September 5, 2008, and WHEREAS, the Town Clerk received and opened one bid on September 5, 2008 from Thoma Development Consultants, therefore BE IT RESOLVED, the bid as recommended by the Town Board is hereby awarded to Thoma Development Consultants of Cortland, New York in the amount of $67,000. RESOLUTION #194 REAPPOINT LOUIS D. CLOSSON TO THE BOARD OF ASSESSMENT REVIEW Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE APPROVED BE IT RESOLVED, the Town Board does hereby reappoint Louis D. Closson, 3076 West River Road, Cortland, NY, to the Cortlandville Board of Assessment Review for a five-year term commencing October 1, 2008 and expiring September 30, 2013. There was discussion regarding plans to let out to bid for the construction of the new pavilion and concession stand at the Ted Testa Park on Starr Road. Deputy Supervisor Testa apprised the Board that Clough Harbour & Associates was finalizing plans for the project, which had been scaled down from original plans due to cost. He hoped that both the pavilion and concession stand could be constructed for the cost of the grant received by the Dormitory Authory for the Park. If not, perhaps only the concession stand and restrooms would be constructed at this time. Councilman Proud suggested the bids be separate for the pavilion and concession stand to allow the Board to split up the project if necessary. Attorney Folmer agreed and recalled the problem the Board had with awarding the bid for the Starr Road/Vemon Drive sewer improvement project, which could not be separated because it was bid as one project. Deputy Supervisor Testa agreed with Councilman Proud and Attorney Folmer. RESOLUTION #195 AUTHORIZE DEPUTY SUPERVISOR TO LET OUT TO BID FOR THE CONSTRUCTION OF THE TED TESTA PARK PAVILION AND CONCESSION STAND Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Town was awarded 2008 Grant from the Dormitory Authority for the Starr Road Park, which has been renamed the Ted Testa Park, in the amount of $250,000.00, and WHEREAS, the Town contracted with Clough Harbour & Associates LLP for design services associated with the construction of a concession/storage building, restroom building, two (2) picnic pavilions and a picnic area for the Ted Testa Park located on Starr Road, and SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 12 181 WHEREAS, Clough Harbour & Associates LLP was in the process of finalizing plans for the construction of a new pavilion and concession stand at the Park, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Deputy Supervisor to let out to bid for the construction of the pavilion and concession stand at the Ted Testa Park. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from George Doucette Jr., Regional Design Engineer, NYS DOT, dated September 11, 2008, regarding repairs to the bridge that carries East River Road over Interstate 81. All voting aye, them motion was carried. No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on October 1, 2008. I - L 1