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HomeMy WebLinkAbout2006-07-05 ` 89 TOWN OF DANBY TOWN BOARD MINUTES SPECIAL MEETING - JULY 5, 2006 PRESENT : Supervisor Dietrich Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino , Gladys Varona-Lacey Others Present : Susan Beeners - Code Enforcement Officer Tracy White - Highway Dept . Secretary Carol Sczepanski - Town Clerk Ted Jones - Bookkeeper Roy Casterline - West Danby Water Superintendent Members of the Public : Ramona Ehrhardt, Bill and Kathy Halton Supervisor Dietrich called the Special Meeting of the Town Board to order at 8 : 00 p .m. The purpose of the Special Meeting is to consider approving a $ 385 , 000 bond resolution and a resolution approving the expenditure of $ 82 ,000 from the Capital Reserve Fund. RESOLUTION NO. 67 OF 2006 By Supervisor Dietrich: Seconded by Council-person Beavers BOND RESOLUTION OF THE TOWN OF DANBY, TOMPKINS COUNTY, NEW YORK, ADOPTED ON JULY 5, 2006, AUTHORIZING AN ENVIRONMENTAL REMEDIATION PROJECT AT THE TOWN ' S HIGHWAY GARAGE AT AN ESTIMATED MAXIMUM COST OF $385,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF UP TO $385,000 BOND ANTICIPATION NOTES AND SERIAL BONDS OF THE TOWN TO PAY THE COST OF THE PROJECT WHEREAS , Section 220 of the Town Law of the State of New York empowers the Town Board of the Town of Danby, Tompkins County, New York (the "Town") to adopt a resolution subject to a permissive referendum to authorize the construction, alteration and remodeling of the Town ' s Highway Garage located at 93 Hornbrook Road in accordance with a Notice of Violation promulgated by the United States Environmental Protection Agency dated February 28 , 2006 (the "Project") ; and WHEREAS , the Town Board of the Town has determined that it is necessary for the Town to accomplish the Project; and WHEREAS , pursuant to Article 8 ofthe Environmental Conservation Law ofthe State ofNew York, as amended, and the regulations of the Department of Environmental Conservation of the State of New York promulgated thereunder (collectively referred to hereinafter as " SEQRA") , the Town is required to make a determination with respect to the environmental impact of any " action" (as defined by SEQRA) to be taken by the Town and the approval of this resolution constitutes such an action; and WHEREAS , the Town has reviewed the Project and has determined that the Project is a "Type II Action" (as defined by SEQRA) and therefore is not subject to review under SEQRA; and WHEREAS , the Town Board now desires to authorize the acquisition, construction and equipping of the Project and the financing of the costs thereof NOW, THEREFORE BE IT RESOLVED ON JULY 5 , 2006 BY THE TOWN BOARD OF THE TOWN OF DANBY, TOMPKINS COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Board), AS FOLLOWS : 90 2 Section 1 . The construction, alteration and remodeling of the Town ' s Highway Garage located at 93 Hornbrook Road in accordance with a Notice of Violation promulgated by the United States Environmental Protection Agency dated February 28 , 2006 , together with appurtenant facilities , including site improvement, original furnishings, equipment, machinery apparatus and other improvements incidental thereto, all as required for the purpose for which such equipment, building and facilities are to be used, at a maximum estimated cost of Three Hundred Eighty-five Thousand and 00/ 100 Dollars ($ 385 ,000) , including all professional costs, equipment, machinery and other necessary appurtenances and all other necessary costs incidental to such work which is estimated to be the total cost thereof, is hereby approved . Section 2 . The plan for the financing of the aforesaid specific object or purpose is by the issuance of up to Three Hundred Eighty-five Thousand and 00/ 100 Dollars ($ 385 ,000), or such amount less than $ 385 ,000 as may be necessary, of serial bonds or any bond anticipation notes in anticipation of the issuance and sale of the bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law and the levy of a tax to pay interest on said obligations . Section 3 . The full faith and credit of the Town is hereby irrevocably pledged for the payment of the principal of and interest on the Bonds as the same respectively become due and payable . 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 years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. Section 4.. Pursuant to Sections 30 . 00, 50 . 00 and 56 . 00 to 60 . 00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell the serial bonds and any bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes , is hereby delegated to the Town Supervisor, the chief fiscal officer. Such bonds or notes shall be of such form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law . Section 5 . The Town Supervisor is hereby further authorized, at his sole discretion, to execute all agreements and instruments in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town. Section 6. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid bonds and/or notes without resorting to further action of this Town Board. Section 7. The following additional matters are hereby determined and declared : (a) Pursuant to subdivision (a)(63 ) of Section 11 . 00 of the Local Finance Law, the period of probable usefulness of the Project is ten ( 10) years ; and (b) Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years ; and (d) The Town reasonably expects to reimburse itself for expenditures from the Town ' s General Fund made for the Project from the proceeds of the bonds or notes herein authorized; and (e) This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1 . 150-2 ; and (0 The bond anticipation notes authorized herein will not be issued in 91 if 3 anticipation of bonds for assessable improvements . Section 8 . Such bonds shall be in fully registered form and shall be signed in the name of the Town of Danby, Tompkins County, New York, by the manual or facsimile signature of the Town Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and maybe attested to by the manual or facsimile signature of the Town Clerk . Section 9 . The Town hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the Town will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986 , as amended (the " Code"), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes . Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds with a schedule of substantially level or declining annual debt service and all matters related thereto , prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Town Supervisor, providing for the manual countersignature of a fiscal agent or of a designated Official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such bonds any charges for mailings shipping and insuring bonds transferred or exchanged by the fiscal agent, and , accordingly, pursuant to paragraph c of Section 70 . 00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52 .00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52 . 00 of the Local Finance Law, as the Town Treasurer shall determine . Section 11 . The law firm of Trespasz & Marquardt, LLP is hereby appointed bond counsel to the Town in relation to the issuance of the Bonds . Section 12 . The validity of such bonds and bond anticipation notes may be contested only if: ( 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or (3 ) Such obligations are authorized in violation of the provisions of the Constitution. Section 13 . This resolution shall be subject to permissive referendum and a summary hereof shall be published by the Town Clerk as provided by Town Law Section 90 . This Resolution shall become effective 30 days after its adoption pursuant to Section 91 of the Town Law . Following such effective date, in the event that no petition for a referendum was timely submitted and filed, the Town Clerk shall cause the publishing and posting of a notice in substantially the form provided in Section 81 . 00 of the Local Finance Law together with a summary of this Bond Resolution. 92 4 WHEREFORE , the foregoing Resolution was put to a vote of the members of the Town Board of the Town this 5 `h day of July, 2006, the result of which vote was as follows : VOTING Fredric Dietrich, Supervisor Aye Gladys Varona-Lacey, Councilperson Aye 1 Norbert Nolte, Councilperson Aye Eugene Beavers, Councilperson Aye Joseph Salino, Councilperson Aye Carried Unanimously RESOLUTION NO. 68 OF 2006 AUTHORIZING EXPENDITURE OF FUNDS FROM THE TOWN BUILDING RESERVE FUND FOR USE IN THE TOWN HIGHWAY GARAGE REMEDIATION PROJECT By Councilperson Nolte : Seconded by Councilperson Salino WHEREAS, the Town of Danby by Resolution No . 67 of 2006 on July 5 , 2006 has authorized an Environmental Remediation Project at the Town ' s Highway Garage located at 93 Hombrook Road in accordance with a Notice of Violation promulgated by the United States Environmental Protection Agency dated February 28 , 2006 (the "Project") at an estimated maximum cost of three hundred eighty-five dollars ($385 ,000) , appropriated said amount therefore, and authorized the issuance of up to three hundred eighty-five dollars ($385 ,000) in Bond Anticipation Notes and Serial Bonds of the Town to pay the cost of the Project, subject to permissive referendum; and WHEREAS, the Town Board has determined that it is necessary to make expenditures from the Town' s General Fund, including the Town Building Reserve Fund, for use in the Project; and WHEREAS, the Town has reviewed the Project and has determined that the Project is a "Type II Action" (as defined by SEQRA) and therefore is not subject to review under SEQRA; NOW THEREFORE BE IT RESOLVED ON JULY 5, 2006 BY THE TOWN BOARD OF THE TOWN OF DANBY, TOMPKINS COUNTY, NEW YORK AS FOLLOWS ; Section 1 . The Town Board of the Town of Danby, pursuant to General Municipal Law Section 6 ( c) hereby authorizes the expenditure of up to eighty-two thousand and 00/ 100 dollars ($ 82 ,000) from the Town Capital Reserve fund for use in financing a portion f the Project. Section 2 . This resolution shall be subject to permissive referendum and a summary hereof shall be published by the Town Clerk as provided by law. A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT : On a motion the meeting was adjourned at 8 : 30 p .m . (71-(6SCO evit-Adj einm ca6.24