Loading...
HomeMy WebLinkAbout2021-12-09TB 12-9-21 Page 1 of 14 TOWN OF DRYDEN TOWN BOARD MEETING December 9, 2021 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley, Cl Loren Sparling, Cl Leonardo Vargas-Mendez Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Planning Director Supv Leifer opened the meeting at 6:04 p.m. Abstract Approval RESOLUTION #202 (2021) – APPROVE ABSTRACT #12 Cl Skaley offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #12, as audited, general vouchers #984 through #1079 ($493,574.26) and TA vouchers #53 through #57 ($4,915.61), totaling $498,489.87. 2nd Supv Leifer Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARINGS INCREASE MAXIMUM ESTIMATED COST OF IMPROVEMENTS TO TOWN OF DRYDEN CONSOLIDATED WATER DISTRICT INCREASE MAXIMUM ESTIMATED COST OF IMPROVEMENTS TO TOWN OF DRYDEN CONSOLIDATED SEWER DISTRICT Supv Leifer opened the public hearings at 6:05 p.m. Cl Skaley said the reason for the public hearings is to increase the cost of both of the projects (water to $3,588,518, and sewer to $4,813,000). This has been recommended by the Environmental Facilities Cor poration because of increased costs for labor and materials. There were no comments from the board or the public and the hearing was left open at 6:07 p.m. Discussion/Action Items The Highway Superintendent has asked for authorization to purchase a Hitachi 6-wheel loader. TB 12-9-21 Page 2 of 14 RESOLUTION #203 (2021) – AUTHORIZE PURCHASE OF HITACHI 6-WHEEL LOADER Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to purchase a Hitachi ZW220 6-wheel loader 4.2 Cuyd GP with BOC per Town of Islip Piggy Back pricing for $205,000.00. The town will trade in a 2007 Volvo Loader for $32,000 .00, bringing the final cost to $173,00.00. Said amount will be paid from the 2022 equipment budget (DA5130.2) in an amount not to exceed $124,500.00, and the remaining equipment funds from 2021, not to exceed $48,500.00. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes Purchase of Broadband Equipment Authorization for these purchases is being made now in order to lock in pricing. Payment will be made on delivery. RESOLUTION #204 (2021) – AUTHORIZE PURCHASE OF CABINET EQUIPMENT FOR BROADBAND PROJECT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves and authorizes the purchase of cabinet equipment for the broadband project as detailed in Graybar Quote #0239338645 in the amount of $360,577.43. 2nd Cl Vargas-Mendez Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #205 (2021) – AUTHORIZE PURCHASE OF CUSTOMER EQUIPMENT FOR BROADBAND PROJECT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves and authorizes the purchase of customer equipment for the broadband project as detailed in Graybar Quote #0239461733 in the amount of $189,662.79. 2nd Cl Vargas-Mendez Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes TB 12-9-21 Page 3 of 14 Set Water/Sewer Rates Supv Leifer presented proposed resolutions to increase water and sewer rates. The water rate set for SW8 (Consolidated Water District) is in addition to the rate charged by Bolton Point. RESOLUTION #206 (2021) – AMEND TOWN 2022 WATER RATE – SW8 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the water districts served by Bolton Point (SCLIWC) are part of a single water district; and WHEREAS, the Town Board of the Town of Dryden enacted the 2022 budget on November 4, 2021; and WHEREAS, no revenues will be generated from property taxes or assessments for the consolidated water district for the 2022 budget cycle; therefore RESOLVED, that effective January 1, 2022, this Town Board hereby establishes the Town of Dryden water rate at $8.15 per 1,000 gallons with a $5,000-gallon minimum per unit for 2022 for the water districts served by Bolton Point (SCLIWC). 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #207 (2021) – AMEND TOWN 2022 YELLOW BARN WATER RATE - SW7 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden enacted the 2022 Budget on November 4, 2021; and WHEREAS, the Town Board of the Town of Dryden budgeted $54,937 in non-tax revenue; and WHEREAS, the water rate was last adjusted for the 2021 budget year; therefore RESOLVED, that effective January 1, 2022, this Town Board hereby establishes the Town of Dryden water rate at $15.414 per 1,000 gallons with a 5,000 gallon minimum per unit charge for the units served by the Yellow Barn Water District. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #208 (2021) – AMEND TOWN 2022 SEWER RATE – SS8 TB 12-9-21 Page 4 of 14 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the sewer districts served by Bolton Point (S CLIWC) are part of a single sewer district; and WHEREAS, the Town Board of the Town of Dryden enacted the 2022 Budget on November 4, 2021; and WHEREAS, no revenues will be generated from property taxes or assessments for the consolidated sewer district for the 2022 budget cycle; therefore RESOLVED, that effective January 1, 2022, this Town Board hereby establishes the Town of Dryden Sewer rate at $6.18 per 1,000 gallons with a 5,000 gallon minimum per unit for 2022 for sewer districts served by Bolton Point (SCLIWC). 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes Appointment of Recreation Director Supv Leifer explained that Marty Conger will be moving to full time in her position as Recreation Director and that it was provided for in the 2022 budget. RESOLUTION #209 (2021) – APPOINT M. CONGER AS FULL-TIME DIRECTOR OF RECREATION Supv Leifer offered the following resolution and asked for its adoption: Whereas, when the Town Board passed the 2022 budget, included an increase from part-time to full-time for the Director of Recreation, RESOLVED, that this Town Board hereby appoints Marty Conger starting January 1, 2022 , to the full-time position of Director of Recreation. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes Freese Road Bridge Due to safety concerns it has been announced that the Freese Road bridge will be closed beginning tomorrow. Cl Lamb said this is not surprising. The town knew that it was needed repair/replacement and had secured a grant to do that. The notice will be sent to our engineer for the project who will ask DOT for expedited action on our plans a nd response to our draft findings document. It is expected that the bridge will remain open to pedestrians and bicyclists. TB 12-9-21 Page 5 of 14 Tiffany Ho of the Varna Fire Department said not being able to go across Freese Road will negatively impact the response times for fire and ambulance. She has spoken with the Cayuga Heights chief, and they can assist if necessary. Introduce Local Law to Amend Sewer Rents for SS1 Supv Leifer presented a local law to increase the sewer rent rate for SS1, Sapsucker Sewer District. The new rate will be applicable for usage after January 1, 2022. The minimum bill per quarter will now be $62.50. The law provides that future rate increases can be done by resolution of the Town Board. A public hearing was scheduled for Janu ary 13, 2022, at 6:05 p.m. Local Law # 2022 Amending Local Law #1 of 2013 – Sewer use rate SS1 Be it enacted by the Town Board of the Town of Dryden as follows: 1. Subsection (b) of Section 218-24 (Calculation of Sewer Rent) of Local Law No. 1 of the year 2013 (Town of Dryden Sewer District No. 1 Sewer Rent Law) is hereby amended to read as follows: “(b) Based upon the water usage, the calculation of the sewer rent shall be made by multiplying the number of gallons consumed in the billing period by $6.25 per 1000 gallons. The product shall be the sewer rent for the billing period.” 2. Subsection (c) of Section 218-24 (Calculation of Sewer Rent) of such local law is hereby amended to read as follows: “(c) In the event that the product computed according to sub-section (b) above is less than $62.50 then the bill shall be rounded up to $62.25 which shall be a minimum bill for each billing period. In the event the premises are not connected to a water meter, then a minimum bill as set forth herein shall be imposed for each billing period, until such time as a water meter is installed. All premises served by a sewer system shall have a water meter installed within nine (9) months of connection of the premises to the sewer system.” 3. A new subsection (d) of Section 218-24 is added as follows: “Amendments to sewer rents established under this article may be made by Board resolution.” 4. This local law shall take effect for all sewer use after January 1, 2022 and after filing with the Secretary of State. Property Tax Exemption for Fire & Ambulance Volunteers Supv Leifer said he had been contacted by members of the Neptune Fire Department. Monroe County recently petitioned the state for legislation to provide for an exemption on real property taxes for volunteer fire fighters and emergency personnel who have served an organization for at least two years. It covers city, village, town, part -town, special district, school district, fire district and county taxes. The state legislature passed a bill county -wide for Monroe County. If the town were to support something like this, we would pass a resolution and contact our state legislators. TB 12-9-21 Page 6 of 14 Mike Lane said he expects this to come up at the county level also. He said we would need to ask for home rule legislation to be put forth by our assembly person. Folks are sympathetic to the idea, and it will certainly be discussed. Supv Leifer said we should look into it. We know we have a recruitment and retention problem, and this could possibly help. COUNTY BRIEFING Mike Lane said he was sorry to hear about the Freese Road bridge closing. It is an old bridge and the county spent $10,000 last spring or summer to rehab what they could on it. Capacity had already been lowered to 6-tons and it can’t be lowered more and still allow traffic across it. It is not rated now for 6 tons. County sales tax has been recovering nicely compared to 2020. We are five million dollars higher, and also higher than what was received in 2019. Casino revenues are up and so is the room tax that is used for tourism, celebrations and other special projects. More money was added to the contingent fund due to increased Covid -related expenses. The covid situation continues to be very concerning. Airport passengers are up to about 2/3 of where they were. Roxanne Noble has been appointed as the new airport director. It is now an international airport and there have been a couple of international flights come in. The search for a new county administrator continues and they have gone out for another round of applicants. Finding people for positions is difficult across the region. They are short on mental health professionals and have had to cut back slightly on the number of appointments. He understands that this is happening across different sectors of business (in the state and country) and employers are saying they can’t hire the people they need. TC3 is working toward hiring a new President. A recruiter firm has helped advertise and they are hoping for a good round of candidates. The county is moving forward with its recovery fund ($7,000 ,000) and will retain a consulting firm to take applications and work with the legislature. They will be looking at projects that can make an impact on people’s lives that have been damaged by the pandemic. Announcements Supv Leifer announced the town was awarded a grant in the amount of $640,000.00 from the Appalachian Regional Commission for its broadband project. There will be a press release forthcoming. There was a groundbreaking ceremony for the SecondWind Dryden project. They have a grant from the community housing renewal program and the developer is trying to raise another $60,000 and there is a donor that will match donations. Supv Leifer noted we need more of these types of projects around the county. Supv Leifer closed the public hearings at 6:55 p.m. Cl Skaley has forwarded comments from the engineer to board members. Access to pipe for the project continues to be a problem. They expect to be able to send the projects out for bids in February and are hoping to have the same contractor for both the water and sewer projects. They may have to move a water line to avoid being under the sidewalk on the section from Lifestyle properties to Mt Pleasant Road. The water line crosses Route 366 about a third of the way down the hill from Ithaca. They are TB 12-9-21 Page 7 of 14 hoping to find 1000 feet of pipe so they can get some things done in time for paving. DOT is still trying to figure out when construction/paving will move forward. RESOLUTION #210 (2021) - APPROVING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE TOWN OF DRYDEN CONSOLIDATED SEWER DISTRICT FACILITIES AT A REVISED MAXIMUM ESTIMATED COST OF $4,813,000 Cl Skaley offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden (the "Town") previously approved the acquisition, construction and installation of improvements to the Town of Dryden Consolidated Sewer District (the “District”) sanitary sewer system including, but not limited to, the replacement or rehabilitation of sewer mains, manholes, pump stations and other facilities, and the acquisition of machinery, equipment or apparatus required in connection therewith (the “Improvements”), at a maximum estimated cost of $4,313,000; and WHEREAS, the maximum estimated cost of the Improvements has increased to $4,813,000; and WHEREAS, on December 9, 2021, prior to adopting this Resolution, the Town Board held a public hearing regarding the Improvements, as required by Town Law Section 202 -b; and WHEREAS, the Town Board now desires to authorize the Improvements in accordance with Town Law Section 202-b. NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby determines it is in the public interest to acquire, construct and install the Improvements at a revised ma ximum estimated cost of $4,813,000; and be it further RESOLVED, that the Town Board hereby authorizes the Town Supervisor and other proper officers of the Town to proceed with the Improvements provided, however, that the financing of the Improvements shall not occur until the Town Board has adopted a Bond Resolution in accordance with the New York Local Finance Law; and be it further RESOLVED, that this resolution supersedes and replaces the resolutions adopted pursuant to Town Law Section 202-b on May 20, 2021 relating to the Improvements. 2nd Supv Leifer Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #211 (2021) - BOND RESOLUTION OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $500,000 SERIAL BONDS TO FINANCE THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE TOWN OF DRYDEN CONSOLIDATED SEWER DISTRICT FACILITIES TB 12-9-21 Page 8 of 14 Cl Skaley offered the following resolution and asked for its adoption: WHEREAS, the Town Board (the “Town Board”) of the Town of Dryden, Tompkins County, New York (the “Town”), on May 20, 2021 adopted a Bond Resolution entitled "A RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE TOWN OF DRYDEN CONSOLIDATED SEWER DISTRICT FACILITIES, AT A MAXIMUM ESTIMATED COST OF $4,313,000 AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,313,000 SERIAL BONDS TO PAY THE COST THEREOF." (the "Original Resolution"); and WHEREAS, the Town Board wishes (i) to authorize the expenditure and appropriation of additional funds in connection with the acquisition, construction and installation of improvements to the Town of Dryden Consolidated Sewer District (the “District ”) sanitary sewer system in the Town authorized in the Original Resolution, and (ii) the issuance of additional serial bonds of the Town to finance such additional appropriations; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden, Tompkins County, New York as follows: Section 1. The Town of Dryden, Tompkins County, New York hereby approves the acquisition, construction and installation of improvements to the Town of Dryden Consolidated Sewer District sanitary sewer system in the Town at an estimated maximum cost of $4,813,000, constituting an increase of $500,000 over the estimated maximum cost authorized in the Original Resolution. Section 2. The plan for financing such new maximum authorized cost of $4,813,000 for the foregoing object or purpose shall be as follows: (a) by the issuance of $4,313,000 of serial bonds or bond anticipation notes of the Town heretofore authorized to be issued pursuant to the Original Resolution; and (b) by the issuance of additional $500,000 serial bonds (the "Bonds") or bond anticipation notes of the Town authorized to be issued pursuant to this Resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty (40) years, pursuant to Section 11.00(a)(4) of the Local Finance Law. Provided that the maximum maturity of the Bonds authorized shall be computed from the date of the first bond anticipation note issued in anticipation of the Bonds or the serial bonds or bond anticipation notes authorized pursuant to the Original Resolution, whichever date is earlier. The proposed maturity of the Bonds will be in excess of five years. Section 4. Pursuant to Section 107.00(d)(3)(l) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon TB 12-9-21 Page 9 of 14 all the real property within the Town without legal or constitutional limitation as to rate or amount. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be apportioned and assessed upon the several lots and parcels of land within the Town of Dryden Consolidated Sewer District, which the Town Board shall determine to be especially benefited by the improvement, an amount sufficient to pay the principal of and interest on such obligations as the same becomes due and payable, but if not paid from such source, all the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on such obligations when due. Section 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00 inclusive of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to sell and deliver the Bonds and any bond anticipation notes providing for substantially level or declining annual debt service, is hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the Town's General Fund. It is intended that the Town shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the Town's "official intent" to reimburse the expenditures authorized by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Regulation Section 1.150-2. Section 9. The Town Supervisor, as Chief Fiscal Officer of the Town, is further authorized to sell all or a portion of the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, to the New York State Environmental Facilities Corporation (the "EFC") in the form prescribed in one or more agreements (the "Agreements") between the Town and EFC; to execute and deliver on behalf of the Town all Agreements and other documents, and take such other actions, as are necessary or appropriate to obtain a loan or loans from EFC for all or a portion of the costs of the expenditures authorized by this resolution, and perform the Town's obligations under its Bonds or bond anticipation notes delivered to EFC and all Agreements. Section 10. The serial bonds and bond anticipation notes authorized to be issued by this resolution are hereby authorized to be consolidated, at the option of the Town Supervisor, the Chief Fiscal Officer, with the serial bonds and bond anticipation notes authorized by oth er bond resolutions previously or hereafter adopted by the Town Board for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such resolutions. All matters regarding the sale of the bonds, including the dated date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the Town, and the serial maturities of the bonds are hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. Section 11. The Town Supervisor, as Chief Fiscal Officer of the Town, is hereby authorized to file an application with the New York State Comptroller pursuant to Section 124.10 of the Local Finance Law to exclude the proposed indebtedness authorized herein from the constitutional and statutory debt limits of the Town. TB 12-9-21 Page 10 of 14 Section 12. The validity of the Bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of the 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 this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution, or a summary hereof, shall be published in the official newspapers of the Town for such purpose, together with a notice of the Clerk of the Town in substantially the form provided in Section 81.00 of the Local Finance Law. Section 14. This resolution is not subject to a referendum on petition in accordance with Section 35.00(b)(2) of the Local Finance Law. Section 15. The Town Supervisor, as chief fiscal officer of the Town, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the Town to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12. Section 16. The Town Board hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this resolution. Section 17. This resolution shall take effect immediately. 2nd Supv Leifer Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #212 (2021) - APPROVING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE TOWN OF DRYDEN CONSOLIDATED WATER DISTRICT FACILITIES AT A REVISED MAXIMUM ESTIMATED COST OF $3,588,518. Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden (the "Town") previously approved the acquisition, construction and installation of improvements to the Town of Dryden Consolidated Water District (the “District”) water distribution system including, but not limited to, the replacement of water mains, valves, hydrants and other facilities, and the acquisi tion of machinery, equipment or apparatus required in connection therewith (the “Improvements”), at a maximum estimated cost of $3,021,956; and TB 12-9-21 Page 11 of 14 WHEREAS, the maximum estimated cost of the Improvements has increased to $3,588,518; and WHEREAS, on December 9, 2021, prior to adopting this resolution, the Town Board held a public hearing regarding the Improvements, as required by Town Law Section 202 -b; and WHEREAS, the Town Board now desires to authorize the Improvements in accordance with Town Law Section 202-b. NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby determines it is in the public interest to acquire, construct and install the Improvements at a revised maximum estimated cost of $3,588,518; and be it further RESOLVED, that the Town Board hereby authorizes the Town Supervisor and other proper officers of the Town to proceed with the Improvements provided, however, that the financing of the Improvements shall not occur until the Town Board has adopted a Bond Resolution in accordance with the New York Local Finance Law; and be it further RESOLVED, that this resolution supersedes and replaces the resolution adopted June 18, 2020 pursuant to Town Law Section 202-b relating to the Improvements. 2nd Cl Skaley Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #213 (2021) - BOND RESOLUTION OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $566,560 SERIAL BONDS TO FINANCE THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE TOWN OF DRYDEN CONSOLIDATED WATER DISTRICT FACILITIES Cl Skaley offered the following resolution and asked for its adoption: WHEREAS, the Town Board (the “Town Board”) of the Town of Dryden, Tompkins County, New York (the “Town”), on June 18, 2020 adopted a Bond Resolution entitled "A RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE TOWN OF DRYDEN CONSOLIDATED WATER DISTRICT FACILITIES , AT A MAXIMUM ESTIMATED COST OF $3,021,956 AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,021,956 SERIAL BONDS TO PAY THE COST THEREOF." (the "Original Resolution"); and WHEREAS, the Town Board wishes (i) to authorize the expenditure and appropriation of additional funds in connection with the acquisition, construction and installation of improvements to the Town of Dryden Consolidated Water District (the “District”) water distribution system in the Town authorized in the Original Resolution, and (ii) t he issuance of additional serial bonds of the Town to finance such additional appropriations; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden, Tompkins County, New York as follows: TB 12-9-21 Page 12 of 14 Section 1. The Town of Dryden, Tompkins County, New York hereby approves the acquisition, construction and installation of improvements to the Town of Dryden Consolidated Water District water distribution system in the Town at an estimated maximum cost of $3,588,518, constituting an increase of $566,562 over the esti mated maximum cost authorized in the Original Resolution. Section 2. The plan for financing such new maximum authorized cost of $3,588,518 for the foregoing object or purpose shall be as follows: (a) by the issuance of $3,021,956 of serial bonds or bond anticipation not es of the Town heretofore authorized to be issued pursuant to the Original Resolution; and (b) by the issuance of additional $566,562 serial bonds (the "Bonds") or bond anticipation notes of the Town authorized to be issued pursuant to this Resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty (40) years, pursuant to Section 11.00(a)(1) of the Local Finance Law. Provided that the maximum maturity of the Bonds authoriz ed shall be computed from the date of the first bond anticipation note issued in anticipation of the Bonds or the serial bonds or bond anticipation notes authorized pursuant to the Original Resolution, whichever date is earlier. The proposed maturity of th e Bonds will be in excess of five years. Section 4. Pursuant to Section 107.00(d)(3)(a) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town without legal or constitutional limitation as to rate or amount. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be apportioned and assessed upon the several lots and parcels of land within the Town of Dryden Consolidated Water District, which the Town Board shall determine to be especially benefited by the improvement, an amount sufficient to pay the principal of and interest on such obligations as the same becomes due and payable, but if not paid from such source, all the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on such obligations when due. Section 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00 inclusive of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bond s and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to sell and deliver the Bonds TB 12-9-21 Page 13 of 14 and any bond anticipation notes providing for substantially level or declining annual debt service, is hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the Town's General Fund. It is intended that the Town shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the Town's "official intent" to reimburse the expenditures authorized by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Regulation Section 1.150-2. Section 9. The Town Supervisor, as Chief Fiscal Officer of the Town, is further authorized to sell all or a portion of the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, to the New York State Environmental Facilities Corporation (the "EFC") in the form prescribed in one or more agreements (the "Agreements") between the Town and EFC; to execute and deliver on behalf of the Town all Agreements, and other documents, and to take such other actions, as are necessary or appropriate to obtain a loan or loans from the EFC for all or a portion of the costs of the expenditures authorized by this resolution, and perform the Town's obligations under its Bonds or bond anticipation notes delivered to EFC and all Agreements. Section 10. The serial bonds and bond anticipation notes authorized to be issued by this resolution are hereby authorized to be consolidated, at the option of the Town's Supervisor, the Chief Fiscal Officer, with the serial bonds and bond anticipation notes authorized by other bond resolutions previously or hereafter adopted by the Town Board for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such resolutions. All matters regarding the sale of the bonds, including the dated date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the Town and the serial maturities of the bonds are hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. Section 11. The validity of the Bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of the 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 this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution, or a summary hereof, shall be published in the official newspapers of the Town for such purpose, together with a notice of the Clerk of the Town in substantially the form provided in Section 81.00 of the Local Finance Law. Section 13. This resolution is not subject to a referendum on petition in accordance with Section 35.00(b)(2) of the Local Finance Law. TB 12-9-21 Page 14 of 14 Section 14. The Town Supervisor, as chief fiscal officer of the Town, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the Town to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12. Section 15. The Town Board hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this resolution. Section 16. This resolution shall take effect immediately. 2nd Supv Leifer Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes The organizational meeting will be held January 3, 2022, at 6:00 p.m. The town attorney will be retiring, and the board will need to make a new appointment. Peter Walsh will continue with projects he is already involved in. There will be a broadband committee meeting tomorrow at 10:30 a.m. There being no further business, the meeting was adjourned at 7:10 p.m. Respectfully submitted, Bambi L. Avery Town Clerk