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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.
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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.
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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
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