HomeMy WebLinkAbout2002-05-06 1463
TOWN OF DANBY
TOWN BOARD MINUTES
SPECIAL MEETING
MAY 6 , 2002
PRESENT :
Supervisor Rick Dietrich
Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Eileen Wright, Willard Ticknor Daetsch, Brian Eden
Following the regularly scheduled Town Board Agenda Meeting A special meeting of the Board was
called to approve a Lease Agreement for the purchase a highway truck . Supervisor Rick Dietrich
called the meeting to order at 9 : 25 p . m.
The following Resolution No . 36 of 2002 was introduced and adopted.
RESOLUTION NO. 36 OF 2002
RESOLUTION OF GOVERNING BODY
LESSEE : TOWN OF DANBY (for Highway Truck)
By : Councilperson Nolte Seconded by : Councilperson Strichartz
RESOLVED, WHEREAS, the Town Board of the Town of Danby has determined that a true and
very real need exists for the acquisition of the Equipment described in the Lease Purchase Agreement
No . S794 (the "Agreement") presented to this meeting ; and
WHEREAS, the Town Board of the Town of Danby has taken the necessary steps , including any
legal bidding requirements, under applicable law to arrange for the acquisition of such Equipment,
WHEREAS, the Town Board of the Town of Danby hereby directs its legal counsel to review the
Agreement and negotiate appropriate modifications to said Agreement so as to assure compliance
with state law and local statutory law, prior to execution of the Agreement by that person so
authorized by the governing body for such purpose ,
BE IT RESOLVED, by the Town Board of the Town of Danby that :
Finding : Authorized Officers . The terms of said Agreement are in the best interests of the
Town of Danby for the acquisition of such Equipment, and the Town Board of the Town of Danby
designates and confirms the Supervisor of the Town of Danby to execute and deliver the Agreement
and any related documents necessary to the consummation of the transactions contemplated by the
Agreement.
RESOLVED, the acquisition of the Equipment, under the terms and conditions provided for in the
Agreement, is necessary, convenient, in the furtherance of, and will at all times be used in connection
with, the Town of Danby ' s governmental and proprietary purposes and functions and are in the best
interests of the Town of Danby, and no portion of the Equipment will be used directly or indirectly
in any trade or business carried on by any person other than a governmental unit of the State on a
basis different from the general public .
RESOLVED, that the Town of Danby certifies that it has not issued or effected the issuance of, and
reasonably anticipates that it shall not issue or effect the issuance of , more than ten million dollars
($ 10 ,000 , 000) of tax-exempt obligations during the 2002 calendar year and hereby designated the
lease of the Equipment to which the Agreement pertains as a "qualified tax-exempt obligation," as
defined by Section 265 (b)(3 ) of the Internal Revenue Code of 1986 , as amended.
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RESOLVED, the Town of Danby covenants that it will perform all acts within its power which are
or may be necessary to insure the maintenance of its legal status as being a duly organized and
existing entity under the laws of the State, which status is the basis for the interest portion of the
rental payments coming due under the Agreement to at all times remain exempt from federal income
taxation under the laws and regulations of the United States of America as presently enacted and
construed or as hereafter amended.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 35 p . m .
/ i ittA" .49 ./. _„..., '
Carol W . Sczepan i, ' own Clerk
min-5 -6 . 02
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