§1. No county, city, town, village or school district shall give or loan any money or property to or in aid of any individual, or private corporation or association, or private undertaking...
§2. No county, city, town, village or school district shall contract any indebtedness except for county, city, town, village or school district purposes, respectively...Tomorrow, at 11:00 a.m. according to Fiscal Advisor's website, the Town of New Hartford is selling $1,048,000 Bond Anticipation Notes to include $600,000 of Bond Anticipation Notes to fund the right-in, right-out along State Route 840 and to build the Clinton Street Extension [to include the taking of the Yager property].
Also being pledged is $500,000 Fees In Lieu of Mitigation fees paid by other developers.
The bid announcement for the construction of Route 840 Eastbound Ramps to the New Hartford Office Park was in this Sunday's Observer Dispatch [08/07/11]; the pre-bid meeting was held this morning and the bids will be opened on August 17, 2011, the date of the next town board meeting.
According to the NYS Dept. of Transportation website, New York Highway Law Article 52...no construction can take place on a state highway except in accordance with the terms and conditions of a work permit issued by the commissioner of transportation or his duly designated agent.
The right-in, right-out is on a state highway. We contacted the NYS DOT and FOILed a copy of the work permit that was issued for the work on State Route 840.
According to the NYS DOT, in an email received today:
No Highway work permit has been issued at this point and will not be done until the Town has initiated work on the Clinton Street Extension.Interesting...
In addition to business park property which is to be used to build the Clinton Street Extension [currently private property owned by Mr. Larry Adler], some of Mr. Yager's property is also needed to build the Clinton Street extension. The Yager property is slated to be taken in an eminent domain proceeding commenced by our town 'leaders', some of whom for some reason seem all to willing to do Larry Adler's 'dirty work'.
That brings us to the Public Hearing on the taking of the Yager property...a hearing that will be held tomorrow evening starting at 6:00 p.m. in Butler Hall. Without Mr. Yager's property, the Clinton Street Extension cannot be built and therefore; the right-in, right-out according to the DOT, is at a standstill.
Has anyone noticed that so far we have not mentioned any property that the $600,000 will be used to improve includes land owned by the Town of New Hartford? That is because, right now none of it is town property...it is private property and state property.
That brings us back to Gifts and Loans and the $600,000 Bond Anticipation Notes that will be sold tomorrow at 11:00 a.m.
Again, according to the Fiscal Advisor's website, the Notice of Sale says:
The Notes are general obligations of the Town and the faith and credit of the Town are pledged for payment of the principal of and interest on the Notes. All the taxable real property in said Town will be subject to the levy of ad valorem taxes, sufficient to pay the principal of and interest on the Notes subject to the statutory Limitations of Chapter 97 of the Laws of 2011...At this stage of the game, how can the "faith and credit" of our town be pledged to bond for work on property we neither own nor possess a work permit from the NYS DOT to begin construction?
On July 18, 2011, a letter was sent to the town board, the town attorney, and the town clerk. No responses were ever received from anyone...which, of course, is their choice and SOP [standard operating procedure] in the Town of New Hartford.
We urge all town residents to read our letter to the town board...it is definitely an eye-opener and you will probably learn things that you will be amazed to know.
Please attend the Public Hearing on the taking of the Yager property tomorrow evening at 6:00 p.m. in Butler Hall.