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HomeMy WebLinkAbout11-21-2001NOVEMBER 21, 2001 5:00 P.M. 295 1 1 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: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Cortland County Sheriff, Lee Price; Bernie Thoma of Thoma Development. Supervisor Thorpe called the meeting to order. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of June 20, 2001, as written. All voting aye, the motion was carried. Councilman Pilato made a motion seconded by Councilman O'Donnell, to receive and file Town Planning Board Minutes of October 16, 2001. All voting aye, the motion was carried. RESOLUTION #221 AUTHORIZE PAYMENT OF VOUCHERS- NOVEMBER Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #547 -597 $ 16,749.67 General Fund B 115 -118 $ 151.39 Highway Fund DB 436 -453 $138,978.48 Water Fund 252 -265 $ 7,553.85 Sewer Fund 154 -172 $125,309.27 Capital Projects 55 - 57 $ 6,934.45 Supervisor Thorpe reminded the Board to review documents received regarding Rerob LLC. final Environmental Impact Statement. Attorney Folmer stated he would speak regarding this matter later in the meeting. Supervisor Thorpe offered privilege of the floor to Cortland County Sheriff Lee Price. Sheriff Price spoke to the Board regarding a proposal for extra full time law enforcement in Cortlandville. Sheriff Price distributed a proposal to the Board for review. The cost for an additional officer is estimated at $50,000 per officer. Also, a fully equipped police car assigned just for Cortlandville, lasting an estimated four or five years, would cost approximately $35,000. The cost of the vehicle divides out to $7,000 per year plus $2,000 for administrative costs. Sheriff Price stated this proposal is nota contract. Having an officer assigned to Cortlandville would not take anything away from the town but would enhance the town services. The officer would stay within the town and do what the Town Board needs for them to do within a 40-hour workweek. NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 2 If a contract was decided on an out -clause may be included if the Board decided this extra service is not needed. Sheriff Price explained a sample contract he had requested from the Sheriff's Association. Sheriff Price stated the Sheriff Department would hire two new officers and add them to the budget. He also staled this proposal does not need to be decided on right away. Supervisor Thorpe stated the Board could possibly include the proposal in next year's budget. Councilman O'Donnell inquired into the status of restricting the use of fake brakes. Sheriff Price stated he has made inquiries but has not received any inf ormation back. Councilman O'Donnell explained that truckers modify their trucks increasing the amount of noise. The trucks do not come from the factory that noisy. Sheriff Price explained a problem with enforcement on McLean Road is that. there is not a safe place to pull over a big tractor -trailer. Stopping in front of a house would block part of the roadway. Sheriff Price also apprised the Board the Sheriff Department is trying to assign a deputy to be around the malls more during the Christmas season. This is being done to try to reassure and encourage shoppers that may be afraid due to recent events. Supervisor Thorpe offered privilege of the floor to Bernie Thoma. Bernie Thoma of Thoma Developmentapprised the Board that a decision is needed regarding accepting the Community Development Block grant from the State. Attorney Folmer explained this grant requires the town to snake loans that would be repaid. If the grant is not managed appropriately or there is a default on the loan, the town will be responsible. Attorney Folmer stated that the City of Cortland has had good experiences and has had no problems. Councilman O'Donnell stated the BDC has also had good results. Attorney Folmer explained there are provisions included that provide the town with some protection and be exonerated from responsibility in the event a party defaults on their loan. Councilman Rocco stated that Mr. Thoma had explained this type of loan has been in progress for fifteen years. This grant is for $212,000 with $200,000 going to Wilbedone Inc. There are management fees but there should be enough money left to pay for management to ensure the loan is handled properly. Some loans do default but there have been no instances in the State with defaults that have come back on the municipality. Councilman Rocco slated it is important to make sure the loan is collateralized with equipment purchased. Also requiring a life insurance policy for the amount being borrowed with the town, as beneficiary would further protect the town. The town does not need to approve every application but Wilbedone Inc. would be a good candidate for a loan. RESOLUTION #222 ACCEPT NEW YORK STATE COMMUNIT4 DEVELOPMENT BLOCK GRANT AND ENTER INTO A PROJECT AGREEMENT WITH THE STATE FOR FINANCIAL. ASSISTANCE TO THE TOWN Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Pilato Nay ADOPTED WHEREAS. per Resolution #178 of 2001 the Town of Cortlandville filed an application for funds from the NYS Governor's Office for Small Cities under the U.S. Department of Housing and Urban Development's Community Development Block Chant. Small Cities Program for Economic Development Assistance, in an amount not to exceed $ 212,000, and NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 3 Z 9 7 WHEREAS, said application was approved by NYS Governor's Office for Small Cities, therefore BE IT RESOLVED, the Town Board does hereby accept the New York State Community Block Grant in an amount not to exceed $212,000, and it is further RESOLVED, the town shall enter into and execute a project agreement with the State for such financial assistance to this Town. Mr. Thoma stated Town Clerk Snyder has instructions regarding setting up accounts for the State grant money. This needs to be accomplished soon as it is getting close to the State deadline of 45 days. Due to this grant being Federal money coming through the State the town is required to go outfor bid to hire someone to manage the accounts. Mr. Thoma provided a bid notice to be published in the Cortland Standard. Councilman Testa inquired into the status of the State grant for the proposed ball field on Starr Road. Mr. Thoma stated the town would not be notified until spring of next year. Last year some grants were not awarded until June or July. RESOLUTION #223 AUTHORIZATION TO LET TO BID FOR THE DISTRIBUTION AND MONITORING OF FUNDS FROM THE NYS GOVERNOR'S OFFICE FOR SMALL CITIES UNDER THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S COMMUNITY DEVELOPMENT BLOCK GRANT SMALL CITIES PROGRAM FOR ECONOMIC DEVELOPMENT ASSISTANCE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Pilato Nay ADOPTED BE If RESOLVED, the Town Board does hereby authorize to let for bid the Small Cities Development Block Grant for the distribution and monitoring of funds to be received from the NYS Governor's Office f or such grant, and it is further RESOLVED, the bid opening date shall be set at 3:00 p.m. on December 10, 2001, and it is further RESOLVED, the Town Board shall award the bid at their regular scheduled meeting on December 19, 2001 Councilman O'Donnell apprised the Board of the status of the Town Employee Handbook. He explained Town Clerk Snyder, Highway Sup't. Bush and himself have been working on updating the handbook in an attempt to have it ready for January 1. 2002. One concern is with insurance for retired employees. "Town Clerk Snyder and Highway Sup't. Bush have put the handbook together leaving it the same as before for now. Between now and next spring the Board should discuss the concerns regarding retired employees. Z b NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 4 RESOLUTION #224 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2002 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, on the 7th day of November, 2001 the Town Board of the Town of Cortlandville, held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax on benefited properties in the Town Sewer Improvement. District, approved by the Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2002, and having heard all persons in favor of, or against any items therein contained, therefore BE IT RESOLVED, the preliminary budget, is hereby approved as filed, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January 01, 2002, and such annual budget., as so adopted, is filed with the Town Clerk, and RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budget to the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. Monthly reports for the Justice and SPCA for October 2001, are on the table for review and filed in the Town Clerk's office. Town Clerk Snyder apprised the Board of Clough, Harbour & Associates proposal regarding their review of Suit-Kote Corporation's Full Environmental Assessment Form for their proposed expansion project. The Board will discuss this proposal at the next Board meeting on December 5, 2001. Attorney Folmer reported: Bonding Resolutions for Page Green Road, Crestwood Court, Groton Ave, NYS Route 281 Water and Sewer projects: Attorney Folmer stated the permissive referendum time frame has expired regarding the three bonds for Page Green Road, Crestwood Court Groton Ave, NYS Route 281 Water and Sewer projects. The Board needs to adopt the three Bonding resolutions for these projects. Twenty days after the notice of approval is published the town can obtain the money. RESOLUTION #225 RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED NOVEMBER 21, 2001, AMENDING THE BOND RESOLUTION CRESTWOOD COURT, GROTON AVENUE AND NEW YORK STATE ROUTE 281 SEWER IMPROVEMENT ADOPTED APRIL 4,2001 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED I,VHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York, has heretofore duly authorized the construction of sewer improvements along Crestwood Court, Groton Avenue and New York State Route 281, in the Town, consisting of the construction of a new sewage flow metering station, installation of approximately 1,152 feet of 8-inch collector line along Crestwood Court, installation of approximately 1,142 feet of 8-inch sewer main along New York State Route 281 and the replacement of sewer laterals, including buildings, land or rights in land, original furnishings, equipment, machinery, and NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 5 apparatus required therefor, and all ancillary work thereto (the "Sewer Improvement"), in accordance with a map, plan and report filed in the office of the Town Clerk of the Town of Cort.landville at the estimated maximum cost of $216,000, all within the unincorporated area of the Town outside of any villages, which area has been determined to be the benefitted area (herein referred to as the "Benefitted Area"), pursuant to Article 12-C of the Town Law, in accordance with such map plan and report: and WHEREAS, said amount was appropriated therefor pursuant to a bond resolution adopted on April 4, 2001; and WHEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Sewer Improvement is now estimated to be $262,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $46,000, from $216,000 to $262,000, 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 members of said Town Board) AS FOLLOWS: Section (A) The bond resolution of said Town duly adopted by the Town Board on April 4, 2001, entitled: "BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED APRIL 04, 2001, APPROPRIATING $216,000 FOR THE CONSTRUCTION OF THE SEWER IMPROVEMENT WITHIN THE AREA OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED AREA, AND AUTHORIZING THE ISSUANCE OF $216,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATIONS," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED APRIL 04, 2001, AND AMENDED NOVEMBER 21, 2001 AUTHORIZING THE CONSTRUCTION OF THE SEWER IMPROVEMENT WITHIN THE AREA OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED AREA; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $262,000; APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $262,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATIONS. THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Cortlandville, in the County of Cortland, New York (herein called "Town"), is hereby authorized to construct sewer improvements along Crestwood Count, Groton Avenue and New York State Route 281 in the Town, consisting of the construction of a new sewage flow metering station, installation of approximately 1,152 feet of 8-inch collector Mlle along Crestwood Court, installation of approximately 1,142 feet of 8- inch sewer main along New York State Route 281, and the replacement of sewer laterals, including 2_4 9 50 NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 6 buildings, land or rights in land, original furnishings, equipment, machinery, and apparatus required therefor, and all ancillary work thereto (the "Sewer Improvement"). The estimated total cost thereof, including preliminary costs and costs incidental thereto and to the financing thereof is $262,000, and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of $262,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $262,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New Fork (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object. or purpose described in Section 1 hereof for which said serial bonds authorized pursuant to this resolution are 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 for the purpose for which said bonds are authorized. 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 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 the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of 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 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 of Section 50.00 and Sections 56.00 to 60.00 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 of any bonds heretofore or hereafter authorized, and any bond anticipation notes issues( in anticipation of said bonds, and the renewals of said bond anticipation notes, 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 the sale 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 25I NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 7 (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, suitor 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 bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, 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. Section (B) The amendment of the bond resolution set forth in Section A of this resolution, shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. RESOLUTION #226 RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED NOVEMBER 21, 2001, AMENDING THE BOND RESOLUTION PAGE GREEN ROAD WATER IMPROVEMENT ADOPTED APRIL 4. 2001 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cort.landville, in the County of Cortland, New York, has heretofore duly authorized the construction of water improvements in the Town consisting of the construction of improvements on and around Page Green Road in the Town, consisting of the installation of watermain, where necessary, including buildings, land or rights in land, original furnishings, equipment, machinery, and apparatus required therefor, and all ancillary work thereto (the "Water Improvement"), in accordance with a map, plan and report, filed in the office of the Town Clerk of the Town of Cortlandville, at the estimated maximum cost of $75,000, all within the unincorporated area of the Town outside of any villages, which area has been determined to be the benefitted area (herein referred to as the "Benefitted Area"), pursuant to Article 12-C of the Town Law, in accordance with such map, plan and report: and WHEREAS, said amount was appropriated therefor pursuant to a bond resolution adopted on April 4, 2001; and WHEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Water Improvement is now estimated to be $135,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $60,000, from $75,000 to $ 135,000; 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 -thuds of all members of said Town Board) AS FOLLOWS: Section (A) The bond resolution of said Town duly adopted by the Town Board on April 4, 2001, entitled: 2 5 Z_ NOVEMBER. 21, 2001 TOWN BOARD MEETING PAGE 8 "BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED APRIL 04, 2001, APPROPRIATING $75,000 FOR THE CONSTRUCTION OF THE WATER IMPROVEMENT WITHIN THE AREA OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED AREA, AND AUTHORIZING THE ISSUANCE OF $75,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATIONS," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, .ADOPTED APRIL 04, 2001, AND AMENDED NOVEMBER 21, 2001, AUTHORIZING THE CONSTRUCTION OF THE WATER IMPROVEMENT WITHIN THE AREA OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED AREA; STATING THE ESTIMATED MAXIMUM COST THEREOF, IS $135,000; APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $135,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATIONS. THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORT.LAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Cortlandville, in the County of Cortland, New York (herein called "Town"), is hereby authorized to construct water improvements in the Town consisting of the construction of improvements on and around Page Green Road in the Town, including the installation of watermain, where necessary, including, but not limited to buildings, land or rights in land, original furnishings, equipment., machinery, and apparatus required therefor and all ancillary work thereto (the. "Water Improvement"). The estimated total cost thereof, including preliminary costs and costs incidental thereto and to the financing thereof is $135,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of $135,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay (lie principal of said bonds and the interest. thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $135,000 are hereby authorized to be issued 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 declared: (a) The period of probable usefulness applicable to the specific object or purpose described in Section 1 hereof for which said serial bonds authorized pursuant to this resolution are 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 for the purpose for which said bonds are authorized. 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. 1 1 1 NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 9 z53 (e) The proposed maturity of the 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 the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of 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 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 of Section 50.00 and Sections 56.00 to 60.00 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 of any bonds heretofore or hereafter authorized, and any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, 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 the sale 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 (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, 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. Section (B) The amendment of the bond resolution set forth in Section A of this resolution, shall in no way affect the validity of the liabilities incurred, obligations Issued, or action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 10 RESOLUTION #227 RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED NOVEMBER 21, 2001, AMENDING THE BOND RESOLUTION PAGE GREEN ROAD SEWER IMPROVEMENT ADOPTED APRIL 4. 2001 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York, has heretofore duly authorized the construction of sewer improvements in the Town consisting of the construction of improvements on and around Page Green Road in the Town, including the installation of approximately 1,600 feet of 8-inch sewer main near the intersection of Page Green Road and Saunders Road, including buildings, land or rights in land, original furnishings, equipment, machinery, and apparatus required therefor, and ail ancillary work thereto (the "Sewer Improvement"), in accordance with a map, plan and report filed in the office of the Town Clerk of the Town of Cortlandville, at the estimated maximum cost of $150,000, all within the unincorporated area of the Town outside of any villages, which area has been determined to be the benefitted area (herein referred to as the "Benefitted Area"), pursuant to Article 12-C of the Town Law, in accordance with such map, plan and report: and WHEREAS, said amount was appropriated therefor pursuant to a bond resolution adopted on April 4, 2001, and 'V7HEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Sewer Improvement is now estimated to be $195,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $45,000, from $150,000 to $195,000; Now theref ore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN TIIE COUNTY OF CORTLAND, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The bond resolution of said Town duly adopted by the Town Board on April 4, 2001, entitled: "BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED APRIL 04, 2001, APPROPRIATING $150,000 FOR THE CONSTRUCTION OF THE SEWER IMPROVEMENT WITHIN THE AREA OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED AREA, AND AUTHORIZING THE ISSUANCE OF $150,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATIONS," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED APRIL 04, 2001, AND AMENDED NOVEMBER 21, 2001, AUTHORIZING THE CONSTRUCTION OF THE SEWER IMPROVEMENT WITHIN THE AREA OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED AREA: STATING THE ESTIMATED MAXIMUM COST THEREOF IS $195,000; L 1 255 NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 11 APPROPRIATING SAIL) AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $195,000 SERIAL, BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATIONS THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Cortlandville, in the County of Cortland, New York (herein called "Town"), is hereby authorized to construct sewer improvements in the Town consisting of the construction of improvements on and around Page Green Road in the Town, including the installation of approximately 1,600 feet of 8-inch sewer main near the intersection of Page Green Road and Saunders Road, at the estimated maximum cost of $195,000, including, but not limited to buildings, land or rights in land, original funiishings, equipment, machinery, and apparatus required therefor and all ancillary work thereto (the "Sewer Improvement"). The estimated total cost thereof, including preliminary costs and costs incidental thereto and to the financing thereof is $195,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of $195,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $195,000 are hereby authorized to be issued 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 declared: (a) The period of probable usefulness applicable to the specific object or purpose described in Section 1 hereof for which said serial bonds authorized pursuant to this resolution are 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 for the purpose for which said bonds are authorized. 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 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 the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of 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 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 256 NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 12 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 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 of any bonds heretofore or hereafter authorized and any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, 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 dotes issued in anticipation of the sale 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 elate 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 Iv,,enty clays after the dale of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, 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. Section (B) The amendment of the bond resolution set forth in Section A of this resolution, shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Rerob, LLC Final Environmental Impact Statement: Attorney Folmer apprised the Board it has 45 days to review Rerob, LLC's final Environmental Impact. Statement from the time it was received on November 15, 2001. The purpose of the review is to determine if the statement is complete and if it is understandable to a lay person. Rerob, LLC. Attorney Shafer agreed to a December 5"' meeting with the Board however the 45 days go beyond December 5'h Attorney Folmer dictated a letter informing Attorney Shafer of this time frame. Also that Rerob, LLC. is required to deposit $23,000 to cover Clough, Harbour & Associates engineering services cost as SEQRA provides. Councilman Testa inquired when the 45 days expire. Attorney Folmer explained the 45 clays expire on December 29" but the Board may wish to address this at their December 19th meeting. In addition to the Board determining if the document is complete and if understandable to a lay person the Board must also decide if there should be a Public Hearing or Public Comment period or both. If a Public Hearing is to be held the Board must give 15 days notice. If Public Comment it must be leftopen for 60 clays to allow the public to write in with any comments. James Trasher will be making comment regarding if the statement is complete and if it covers all areas discussed in the scoping document. Also whether or not it meets the criteria of a lay person's understanding. In Attorney Folmer's letter to Attorney Shafer he stated the Board is going to take the time afloNved for review and then meet on the December 19" Regular Town Board meeting. Z57 NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 13 Renaissance Drainage easement agreements: Attorney Folmer apprised the Board that the Renaissance drainage easement agreements have been sent to Dr. Lee Ambrose, Dr. Robert Morris, Anthony Bonarti and Robert Ottenschot. Mr. Bonarti is out of town and will sign the agreement after returning on December 11"'. Dr. Morris has a question regarding the agreement and Dr. Ambrose is ready to sign. Attorney Folmer recommended all participants sign the agreement at the same time on December 5'i' before the Town Board meeting. Questions regarding the map should be directed to James Trasher as Clough, Harbour & Associates prepared it. Construction questions should be referred to Highway Sup't. Bush. Questions regarding the language of the easement agreements should be directed to Attorney Folmer. Councilman Testa commented that Town Engineer Hayne Smith has requested an extension of time for Masciarelli Construction Company to complete the Page Green Road/Crestwood Court Water and Sewer projects. Attorney Folmer stated he understands Engineer Smith's reason for the request. Attorney Folmer apprised the Board he needed to discuss pending litigation in an Executive Session related to this subject. Attorney Folmer also stated he would be out of town until November 27h. RESOLUTION #228 APPROVE CHANGE ORDER NO. 3 OF 2001 FOR THE NEW MUNICIPAL BUILDING Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Change Order No. 3 of 2001 has been submitted by the Town Water and Sewer Superintendent for the New Municipal Building, and BE IT RESOLVED, the Town Board does hereby approve Change Order No. 3 of 2001 in (lie amount of $1250.00 for a water heater, furnish, install additional VCT flooring and vinyl base, and it is further RESOLVED, the contract with James and Sons Construction is hereby amended. Councilman O'Donnell inquired into the length of time Masciarelli Construction Co. is requesting to complete the Page Green Road and Crestwood Court Water and Sewer project. Attorney Folmer explained Masciarelli Construction Co. stated the construction would be completed by December 15, 2001 and May 31, 2002 for restoration. With the termination of G. DeVincentis & Son Construction Co. contract there was no loss of money for the town but there was a loss of time and good weather to finish the restoration. RESOLUTION #229 AUTHORIZE TIME EXTENSION ON CONTRACT FOR MASCIARELLI CONSTRUCTION CO., INC. FOR PAGE GREEN ROAD/CRESTWOOD COURT/ GROTON AVENUE(NYS ROUTE 281 WATER & SEWER IMPROVEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Engineer has requested an extension of time on Masciarelli Construction Co., Inc.'s contract. for the Page Green Road/Crestwood Court/Groton Avenue/NYS Route 281 Water & Sewer Project, and WHEREAS, Masciarelli Construction Co. has stated the construction completion date for said project will be December 15, 2001 with restoration completed by May 31, 2002, therefore NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 14 BE IT RESOLVED, the Town Board does hereby authorize an extension of time for the Masciarelli Construction Company, Inc. contract for the Page Green Road/Crestwood Court/Groton Avenue/NYS Route 281 Water and Sewer Projects to December 15, 2001 for construction and May 31, 2002 for restoration. RESOLUTION #230 AUTHORIZATION TO PARTICIPATE IN "HOLIDAY ON ICE" PROGRAM WITH CORTLAND YOUTH BUREAU FOR THE 2001 HOLIDAY SEASON Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to participate again this year in the Cortland "Holiday on Ice" Program, theref ore BE IT RESOLVED, the Town Board does hereby desire participation in the "Holiday On Ice" Program for the 2001 Holiday Season and does hereby authorize paying the suggested amount of $275.00 to accomplish the program. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a legal and personnel matter. All voting aye, the motion was carried. The meeting was recessed at 5:40 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #231 AUTHORIZE HIRING KRISTIN ROCCO AS DEPUTY TOWN CLERK Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: Councilman Testa Aye Councilman O'Donnell Aye Councilman Pilato . Aye Councilman Rocco Abstain ADOPTED BE IT RESOLVED, the Town Clerk is hereby authorized to hire Kristin Rocco of 710 Bowling Green, Cortland, New York, as Deputy Town Clerk, and it is further RESOLVED, the starting salary shall be $18,700, effective December 1, 2001. RESOLUTION #232 AUTHORIZE SUPERVISOR AND TOWN ATTORNEY TO SETTLE ARBITRATION CLAIM OF G. DEVINCENTIS & SON CONSTRUCTION CO. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED RESOLVED, that the Supervisor and the Town Attorney are hereby authorized and directed to compromise and settle the Arbitration Claim of G. DeVincentis & Son Construction Co. upon the most favorable terms possible as to amount and payment schedule. Z.579 NOVEMBER 21, 2001 TOWN BOARD MEETING PAGE 15 Councilman Rocco 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 6:10 p.m. 1 1 1 Res ectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville