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HomeMy WebLinkAbout04-01-1998L1, APRIL 01, 1998 TOWN BOARD MEETING 7;00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Richard Schutz of Suit-Kote Corp; County Legislator, Gary Thomas; and News Reporter, Jennifer Koch. Supervisor Thorpe called the meeting to order. Councilman O'Donnell, made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of February 18, 1998, as written. All voting aye, the motion was carried. Councilman Pilato, made a motion, seconded by Councilman O'Donnell, to receive and file the Town Planning Board Minutes of January 27, 1998, as written. All voting aye, the motion was carried. RESOLUTION #74 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #131 - 155 $17,735.38 General Fund B 24 - 31 $ 9,576.10 Highway Fund DB 110 - 124 $27,445.11 Water Fund 82 - 93 $36,800.38 Sewer Fund 55 - 65 $ 9,448.27 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell asked the Supervisor if it is necessary for members of the Board to have a copy of the 140 page, Annual Report. Supervisor Thorpe stated that it was not distributed because of the size. He has a copy in his office for review or copies can be made, if requested. Councilman O'Donnell distributed a copy of the Village of McGraw Newsletter announcing our Town Board Meeting on May 6, 1998 at 7:00 p.m., to be held at the Village Community Bldg. He is preparing information for possible questions to be asked at this meeting. He requested Highway Supt, Carl Bush, to prepare a statement of what the Town Highway Dept. does in cooperation with the Village and the status of the Highland Street Bridge, and the Bennett Street Bridge project, which is a County project. Supervisor Thorpe reminded Town Board members to come in during the day to sign the Vouchers so they won't have to be taken to McGraw. 11 1 APRIL 01, 1998 TOWN BOARD MEETING PAGE 2 211 Water and Sewer Supt, Carl Bush, distributed a revised fee schedule for the Water and Sewer Dept. He asked if these need to be included in the new Town Code Book. A discussion was held concerning the problem with keeping updated fee schedules in the code book. It was the consensus that rates and fee schedules will not be in the code book, but would be available for customer inquiries. No action was taken. Privilege of the floor was given to County Legislator, Gary Thomas of Fairview Dr. Mr. Thomas apprised the Board of his complete support for the present distribution of the County sales tax issue and pledged to accept no compromise. Supervisor Thorpe stated he would provide him with a copy of the Minority Report, filed last year, which explains the Town's position. He went on to explain how the sales tax distribution originated and the City's and the Town's position. Monthly reports of the Town Clerk and the Tax Collector for the month of March 1998 are on the table for review and filed in the Town Clerk's office. Councilman O'Donnell, made a motion, seconded by Councilman Pilato, to receive and file the action, dated March 18, 1998, from the Cortland County Planning Board relating to Suit-Kote's Zone change request. All voting aye, the motion was carried. The recommendation was returned for local determination, with any positive consideration, contingencies proposed. Councilman O'Donnell, made a motion, seconded by Councilman Pilato, to receive and file a copy of a letter from Betty Wood, sent to the County Planning Board. All voting aye, the motion was carried. The letter was in opposition to Suit-Kote's Zone change request. Supervisor Thorpe read a letter dated April 1, 1998, from Richard Schutz, Operations Manager of Suit-Kote Corp. The letter was a request for tabling the Public Hearing for Suit- Kote's Zone change request, scheduled for April 15, 1998, in order for Suit-Kote be able to prepare a response to the Town Planning Board's recommendation. A discussion was held concerning the request. Attorney Folmer reviewed the status of this project and explained the action and recommendation of the Town's Planning Board. Another discussion was held concerning the time element. RESOLUTION #75 DENY SUIT-KOTE'S REQUEST TO TABLE THEIR ZONE CHANGE PUBLIC HEARING AND RETAIN SCHEDULED DATE OF APRIL 15, 1998 AT 6:00 P.M. Motion by Councilman Testa Seconded by Councilman Pilato VOTES: AYE - Thorpe, Testa, Pilato NAY - O'Donnell ABSENT - Rocco ADOPTED WHEREAS, a request was received from Suit-Kote Corp. to table the scheduled Public Hearing of April 15, 1998, for a Zone Change request, and WHEREAS, the Town Board reviewed the request and determined Suit-Kote has sufficient time to prepare a response to the Town Planning Board's recommendation, therefore BE IT RESOLVED, the Town Board does hereby deny the request for postponement of Suit-Kote's Public Hearing and the scheduled date of April 15, 1998 at 6:00 p.m. shall remain. Attorney Folmer informed the Board that if it is determined during the Public Hearing that more information is necessary, they can adjourn the Hearing to another date. 212 APRIL 01, 1998 TOWN BOARD MEETING PAGE 3 Attorney Folmer stated he has three bonding resolutions prepared for adoption, to complete the BAN process for the Route 11 Viaduct Sewer Project, Route 11 Viaduct Water Project and Hillside/Meadow Lane Sewer Project. RESOLUTION #76 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED APRIL 1, 1998, APPROPRIATING $241,500 FOR THE CONSTRUCTION OF SEWER IMPROVEMENTS TO BE KNOWN AS THE ROUTE 11 VIADUCT SEWER IMPROVEMENT PROJECT, WITHIN A PORTION OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH PORTION HAS BEEN DETERMINED TO BE THE BENEFITTED AREA, AND AUTHORIZING THE ISSUANCE OF $241,500 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. 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 (herein called "Town Board" and "Town" respectively), proposes to construct sewer improvements, including all original equipment, machinery, apparatus, sitework and ancillary costs required in connection therewith, to be known as the Route 11 Viaduct Sewer Improvement Project (the "Route 11 Viaduct Sewer Improvement Project"), at the estimated maximum cost of $241,500, within the unincorporated portion of the Town outside of any Villages, which portion has been determined to be the benefitted area (herein referred to as the "Benef itted Area") , pursuant to Article 12-C of the Town Law, all in accordance with the map, plan and report prepared therefore by Hayne Smith, a competent engineer duly licensed by the State of New York (herein called the "Engineer"), heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held on April 29, 1997, the Town Board of the Town determined that it is in the public interest to construct said Route 11 Viaduct Sewer Improvement Project, and ordered that such sewer improvement be constructed at the estimated maximum cost of $241,500; and WHEREAS, the Town Board has reviewed and completed the SEQRA, Short Environmental Assessment Form and declared that the Route 11 Viaduct Sewer Improvement Project has no environmental impact; and WHEREAS, permission of the New York State Comptroller is not required with respect hereto, the amount of $241,500 being less than one -tenth of percentum of the full valuation of the taxable real property in the Town, outside of any villages; NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN BOARD OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $241,500 for the construction of the Route 11 Viaduct Sewer Improvement Project, including original equipment, machinery and apparatus, sitework and ancillary costs required in connection therewith, all within the unincorporated portion of the Town outside of any villages, which area has been determined to be the benefitted area (herein referred to as the "Benefitted Area"), all in accordance with the map, plan and report prepared therefore by the Engineer, on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Route 11 Viaduct Sewer Improvement Project, including preliminary costs and costs incidental thereto and the financing thereof, is $241,500 which is planned to be financed APRIL 01, 1998 TOWN BOARD MEETING PAGE 4 213 by the issuance of $241,500 serial bonds of the Town to said cost, and the levy and collection of special assessments from the several lots and parcels of land within such Benefitted Area in just proportion to the amount of benefit which the sewer improvement shall confer upon such lots or parcels, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $241,500 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 of said specific object or purpose for which the 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 serial 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 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 having 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 of the Law, and 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 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 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 APRIL 01, 1998 TOWN BOARD MEETING PAGE 5 (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. The Town Clerk of the Town of Cortlandville, in the County of Cortland, New York, is hereby directed to publish the foregoing bond resolution, in summary, in the "Cortland Standard", a newspaper published in Cortland, New York, having a general circulation within the Town and hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. RESOLUTION #77 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED APRIL 1, 1998, APPROPRIATING $299,800 FOR THE CONSTRUCTION OF WATER IMPROVEMENTS TO BE KNOWN AS THE ROUTE 11 VIADUCT WATER IMPROVE- MENT PROJECT, WITHIN A PORTION OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH PORTION HAS BEEN DETERMINED TO BE THE BENEFITTED AREA, AND AUTHORIZING THE ISSUANCE OF $299,800 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and "Town" respectively), proposes to construct water improvements, including all original equipment, machinery, apparatus, sitework and ancillary costs required in connection therewith, to be known as the Route 11 Viaduct Water Improvement Project (the "Route 11 Viaduct Water Improvement Project"), at the estimated maximum cost of $299,800, within the unincorporated portion of the Town outside of any Villages, which portion has been determined to be the benefitted area (herein referred to as the "Benefitted Area") , pursuant to Article 12-C of the Town Law, all in accordance with the map, plan and report prepared therefore by Hayne Smith, a competent engineer duly licensed by the State of New York (herein called the "Engineer"), heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held on February 19, 1997, the Town Board of the Town determined that it is in the public interest to construct said Route 11 Viaduct Water Improvement Project, and ordered that such water improvement be constructed at the estimated maximum cost of $299,800; and WHEREAS, the Town Board has reviewed and completed the SEQRA, Short Environmental Assessment Form and declared that the Route 11 Viaduct Water Improvement Project has no environmental impact; and WHEREAS, permission of the New York State Comptroller is not required with respect hereto, the amount of $299,800 being less than one -tenth of one percentum of the full valuation of the taxable real property in the Town, outside of any villages; and NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $299,800 for the construction of the Route 11 Viaduct Water Improvement Project, including original equipment, machinery, APRIL 01, 1998 TOWN BOARD MEETING PAGE 6 215 apparatus, site work and ancillary costs required in connection therewith, all within the unincorporated portion of the Town outside of any villages, which area has been determined to be the benefitted area (herein referred to as the "Benefitted Area"), all in accordance with the map, plan and report prepared therefore by the Engineer, on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Route 11 Viaduct Water Improvement Project, including preliminary costs and costs incidental thereto and the financing thereof, is $299,800 which is planned to be financed by the issuance of $299,800 serial bonds of the Town to said cost, and the levy and collection of special assessments from the several lots and parcels of land within such Benefitted Area in just proportion to the amount of benefit which the water improvement shall confer upon such lots or parcels, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal sum of $299,800 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 of said specific object or purpose for which the 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. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the serial 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 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 having 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 of the Law, and 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 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. 21_6 APRIL 01, 1998 TOWN BOARD MEETING PAGE 7 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 purposes 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 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. The Town Clerk of the Town of Cortlandville, in the County of Cortland, New York, is hereby directed to publish the foregoing bond resolution, in summary, in the "Cortland Standard", a newspaper published in Cortland, New York, having a general circulation within the Town and hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. RESOLUTION #78 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED APRIL 1, 1998, APPROPRIATING $202,125 FOR THE CONSTRUCTION OF SEWER IMPROVEMENTS TO BE KNOWN AS THE HILLSIDE AND MEADOW LANE SEWER PROJECT, WITHIN A PORTION OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH PORTION HAS BEEN DETERMINED TO BE THE BENEFITTED AREA, AND AUTHORIZING THE ISSUANCE OF $202,125 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and "Town" respectively) , proposes to construct sewer improvements, including all original equipment, machinery, apparatus, sitework and ancillary costs required in connection therewith, to be known as the Hillside and Meadow Lane Sewer Project (the "Hillside/Meadow Lane Sewer Project"), at the estimated maximum cost of $202,125, all within the unincorporated portion of the Town outside of any Villages, which portion has been determined to be the benefitted area (herein referred to as the "Benefitted Area"), pursuant to Article 12-C of the Town Law, all in accordance with the map, plan and report prepared therefore by Hayne Smith, a competent engineer duly licensed by the State of New York (herein called the "Engineer") , heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held, on December 18, 1996, the Town Board of the Town determined that it is in the public interest to construct said Sewer Project, and ordered that such sewer improvement be constructed at the estimated maximum cost of $202,125; and WHEREAS, the Town Board has reviewed and completed the SEQRA, Short Environmental Assessment Form and declared that the Sewer Project has no environmental impact; and WHEREAS, permission of the New York State Comptroller is not required with respect hereto, the amount of $202,125 being less than one -tenth of one percentum of the full valuation of the taxable real property in the Town, outside of any villages; and APRIL 01, 1998 TOWN BOARD MEETING PAGE 8 2 1 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $202,125 for the construction of the Hillside/Meadow Lane Sewer Project, including original equipment, machinery, apparatus, sitework and ancillary costs required in connection therewith, all within the unincorporated portion of the Town outside of any villages, which area has been determined to be the benefitted area (herein referred to as the "Benefitted Area"), all in accordance with the map, plan and report prepared therefore by the Engineer, on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of the Hillside/Meadow Lane Sewer Project, including preliminary costs and costs incidental thereto and the financing thereof, is $202,125 which is planned to be financed by the issuance of $202,125 serial bonds of the Town to said cost, and the levy and collection of special assessments from the several lots and parcels of land within such Benefitted Area in just proportion to the amount of benefit which the water improvement shall confer upon such lots or parcels, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $202,125 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 of said specific object or purpose for which the 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. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the serial 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 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 having 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 of the Law, and the powers and duties of the Town Board f APRIL 01, 1998 TOWN BOARD MEETING PAGE 9 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 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 purposes 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 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. The Town Clerk of the Town of Cortlandville, in the County of Cortland, New York, is hereby directed to publish the foregoing bond resolution, in summary, in the "Cortland Standard", a newspaper published in Cortland, New York, having a general circulation within the Town and hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. RESOLUTION #79 AUTHORIZE TRANSFER OF MONIES TO PURCHASE A NEW COPIER Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer monies from A1990.4, Contingent Account, to A1670.2, Central Printing Account, for the purchase of a new copier for the Town Hall. Supervisor Thorpe received a letter dated March 16, 1998 from Richard Bush, of the Cortland County Agriculture Corporation, requesting a reduction of the water and sewer benefit tax on their property. This is in anticipation of future benefit charges as the result of the Fairgrounds Water & Sewer Improvement Projects. RESOLUTION #80 AUTHORIZE REDUCTION OF THE WATER AND SEWER BENEFIT UNIT CHARGE ON THE PROPERTY OWNED BY THE CORTLAND COUNTY AGRICULTURAL CORP Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE .ADOPTED WHEREAS, a request was received from Richard Bush of the Cortland County Agriculture Corp, a non-profit organization, concerning the anticipated water and sewer benefit unit charge to their property at the Fair Grounds, and WHEREAS, Town Assessor, David Briggs, has reviewed this request and reported they are not presently being supplied with water or sewer but recommends any future charge be set at one unit, therefore BE IT RESOLVED, the Town Board does hereby authorize and establish any future Water or Sewer Benefit Tax charge for parcel #76.19-01-30.100, owned by Cortland County Ag. Corp., to be set at one unit charge. 1 1 1 APRIL 01, 1998 TOWN BOARD MEETING PPS 10 219 Highway Supt, Carl Bush, distributed three different proposals, for review and recommendation, to amend our highway specifications for future roads built by contractors. Concerns have been heard from Board members relating to this. The proposals identified changes of the top surface to be used and the cost factor involved. A discussion was held concerning this. Highway Supt, Carl Bush, explained that we cannot resurface the road in a new subdivision until all of the houses are built. This averages to an eight year time span. Others have required the slurry seal surface and have found it to work better. This would be a cost increase to contractors but more beneficial to the town and property owners. RESOLUTION #81 AUTHORIZE HIGHWAY SUPT TO AMEND TOWN HIGHWAY SPECIFICATIONS TO BE INCLUDED IN TOWN'S NEW CODE BOOK Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, problems continue to arise with the roads built for new subdivisions within the Town by contractors, and WHEREAS, the Town Board is updating policies and procedures of the Town via an updated Code Book for the Town, and WHEREAS, as requested, the Highway Supt. has presented different proposals, and they have been reviewed, therefore BE IT RESOLVED, the Board does hereby authorize and direct the Highway Supt. to amend the Specifications for Town Roads and Street Construction, to require a slurry seal asphalt surface, and forward to General Codes, to be included in the Town's new Code Book, to be effective with the adoption of the new Code Book. Attorney Folmer explained the process for adopting the Town's Code Book and suggested this be the last change submitted. Highway Supt, Carl Bush, advised that he continues to be asked if the Town would not accept a new road unless documents are submitted showing the contractors have been paid by the developer. Attorney Folmer advised that the state has a law in effect for this and explained how it worked. No action was taken. Attorney Folmer reported: Zoning Violation of Mr. Craft: A warrant for his arrest must be done to complete this. Judge Loomis is having a hearing for the Blodgett Mills Railroad in Route May. He should have the notice in 281 flooding: Received a letter from ten days. Attorney Shafer stating the Country Club is preparing to give us an easement and wanted some additional drawings. The matter is still pending. Deferred Pension Plan: He has received the requested material and gave to Councilman Rocco to review, and requested him to make a report to the Board. Water and Sewer Rate Schedule: In the proposed code book it states the rates are to be fixed periodically by Town Board resolution and are not part of the ordinance itself. 2 0 1,APRIL 01, 1998 TOWN BOARD MEETING PRE 11 Councilman Testa made a motion, seconded by Councilman Pilato, to recess the Regular Meeting and convene to an Executive Session to discuss pending litigation. All voting aye, the motion was carried. The following information was received from the Supervisor's office: Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. No action taken. Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Meeting was adjourned at 8:50 p.m. ?Respetful sub itted, J Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1 1