Approved Minutes of Town Board’s December 10th Meeting
The regular meeting of the Peru Town Board was held on Monday, December 10, 2018 at the Peru Town Hall. Those present were Mr. Brandy McDonald Supervisor; Mr. James Douglass, Councilman; Mr. James Langley, Councilman; Mr. Melvin Irwin, Councilman; Mr. Richard Barber, Councilman; Mrs. Dianne Miller, Town Clerk. Also present were Mr. Courtney Tetrault, Water/Sewer Superintendent; Mr. Michael Farrell, Highway Superintendent; Mr. Bob Guynup, Zoning Officer; Ms. Pamela Barber, Confidential Secretary to the Board and Mr. Dave Drollette, Dog Control officer.
The meeting was called to order at 7:03 PM by Mr. McDonald, with the Pledge of Allegiance.
Motion by Mr. Langley, seconded by Mr. Barber to approve the minutes from the November 26, 2018 meeting.
Ayes 5 Nays 0 Motion Carried
Motion by Mr. Douglass, seconded by Mr. Irwin to approve Public Hearing minutes from the
November 26, 2018 meeting.
Ayes 5 Nays 0 Motion Carried
Motion by Mr. Irwin, seconded by Mr. Douglass to include the reports from the following departments into the official record of tonight’s meeting. (Water/Sewer/Valcour; Highway; Town Clerk; Dog Control; Youth Department; Code/Zoning; Supervisor’s Report; Court; Website; and Banking Reports).
Ayes 5 Nays 0 Motion Carried
Community Input and Questions
Mr. Ryan asked for an update on Washington Street. The issue is in litigation.
Motion by Mr. Langley seconded by Mr. Barber to add item 17A to the agenda for Executive Session.
Tree Lighting Ceremony
Mr. McDonald thanked everyone by name who was involved in making the Tree Lighting Ceremony a success for our town.
Dangerous Dog Boarding
Mr. Irwin stated Dr. Palmer will board a dangerous dog as long as the dog will be euthanized.
Clarification of Codes Office Money Collection
Mrs. Miller contacted the Association of Towns and the Regional Comptroller’s office to insure the Codes office money was being documented and collected correctly. The only recommendation made was to include cash receipt report when Codes office submitted money to the Town Clerks office.
Sewer Collection Project Update
Mr. Tetrault stated that he has made contact with all residents. One resident possibly may not authorize an easement. AES has set up an informational website called Smartnotes for everyone to be informed on the project.
A RESOLUTION ACCEPTING THE PROPOSED BOND COUNSEL RETAINER LETTER FOR THE SHORT-TERM FINANCING FOR THE SEWER COLLECTION UPGRADE SYSTEM
RESOLUTION NUMBER: 18.12.10-1
MOTION BY: Mr. Langley SECOND BY: Mr. Douglass
WHEREAS, the Town of Peru has determined that the Town is in need of short-term and long-term financing for the Sewer Collection Upgrade Project System; and
WHEREAS, the Town seeks to obtain a grant and low interest loan funds to assist in the reducing the cost of the project to the sewer district; and
WHEREAS, the Town recognizes that work, generally including the examination of applicable law, preparation and review of resolutions and documents relating to authorization of obligations and the expenditure of funds, preparations of all relevant financing proceedings and rendering advice to move the project forward while the town secures said grants and low interest loans is required; and
WHEREAS, Trespasz & Marquardt, LLP has proposed to complete all of the above work for a not to exceed cost of $11,089.00 for EFC Short-Term Loan Financing as per New York Environmental Facilities’ requirements.
BE IT RESOLVED, that the Town Board accepts the Bond Counsel Retainer Letter from Trespasz & Marquardt, LLP for the above referenced work.
AND, BE IT
RESOLVED, that this Resolution shall take effect immediately.
| Roll Call: | YES | NO | |
| James Douglass | x | ||
| Mel Irwin | x | ||
| James Langley Jr. | x | ||
| Richard Barber Jr. | x | ||
| Brandy McDonald | x |
Carried:
Ayes 5 Nays 0
A RESOLUTION ACCEPTING THE PROPOSED BOND COUNSEL RETAINER LETTER FOR THE LONG-TERM FINANCING FOR THE SEWER COLLECTION UPGRADE SYSTEM
RESOLUTION NUMBER: 18.12.10-2
MOTION BY: Mr. Barber SECOND BY: Mr. Irwin
WHEREAS, the Town of Peru has determined that the Town is in need of short-term and long-term financing for the Sewer Collection Upgrade Project System; and
WHEREAS, the Town seeks to obtain a grant and low interest loan funds to assist in the reducing the cost of the project to the sewer district; and
WHEREAS, the Town recognizes that work, generally including the examination of applicable law, preparation and review of resolutions and documents relating to authorization of obligations and the expenditure of funds, preparations of all relevant financing proceedings and rendering advice to move the project forward while the town secures said grants and low interest loans is required; and
WHEREAS, Trespasz & Marquardt, LLP has proposed to complete all of the above work for a not to exceed cost of $15,162.00.00 for USDA Long- Term General Obligation (Serial) Bond to the USDA after the project’s completion as per United States Dept. of Agriculture’s requirements.
BE IT RESOLVED, that the Town Board accepts the Bond Counsel Retainer Letter from Trespasz & Marquardt, LLP for the above referenced work.
AND, BE IT
RESOLVED, that this Resolution shall take effect immediately.
| Roll Call: | YES | NO | |
| James Douglass | x | ||
| Mel Irwin | x | ||
| James Langley Jr. | x | ||
| Richard Barber Jr. | x | ||
| Brandy McDonald | x |
Carried:
Ayes 5 Nays 0
A regular meeting of the Town Board of the Town of Peru, in the County of Clinton, New York was held at the Peru Town Hall, Peru, New York on December 10, 2018 at 7:00 o’clock P.M. (Prevailing Time).
There were present: (Board Members)
| Brandy McDonald |
| James Douglass |
| Jim Langley |
| Mel Irwin
Richard Barber Jr. |
There were absent: (Board Members)
Also Present:
Dianne Miller, Town Clerk
RESOLUTION NUMBER: 18.12.10.3
The following resolution was offered by Mr. Irwin, who moved its adoption, and second by Mr. Langley to wit:
BOND RESOLUTION OF THE TOWN OF PERU, CLINTON COUNTY, NEW YORK, ADOPTED ON DECEMBER 10, 2018, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF SEWER FACILITIES FOR THE PERU SEWER DISTRICT NO. 1 AT AN ESTIMATED MAXIMUM COST OF $4,030,070, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF UP TO $4,030,070 OF BOND ANTICIPATION NOTES AND SERIAL BONDS OF THE TOWN TO PAY THE COST OF THE PROJECT
WHEREAS, Section 64(3) of the Town Law of the State of New York empowers the Town Board of the Town of Peru, Clinton County, New York (the “Town”) to manage maintain and control Town properties as the purposes of the Town may require; and
WHEREAS, the Town has, pursuant to the Town Law, created the Town of Peru Sewer District No. 1 (the “District”); and
WHEREAS, the Town Board of the Town has determined that it is desirable for the Town to undertake a project consisting of the acquisition, construction and reconstruction of sewer facilities in the District, including the North Bend Trunk Sewer, Maiden Lane Pump Station and Force Main, Old Peru Sewer Main, installation of Main Street and Little AuSable Pump Stations and force mains and, including for all of the foregoing, related site work, paving, restoration, and repairs (the “Project”); and
WHEREAS, the Town Board Directed AES, competent engineers licensed in New York, to prepare a preliminary map, plan and report for the Project; and
WHEREAS, to comply with Town Law Section 202-b, the Town, after giving notice, conducted a Public Hearing on November 26, 2018 in regard to the increase and improvements comprising the Project; and
WHEREAS, the Town, as a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 NYCRR Part 617 (the “Regulations”), having reviewed the impact of the acquisition, construction and reconstruction of the sewer system improvements comprising the Project upon the environment determined by resolution adopted February 27, 2017 that the Project is an “Unlisted Action” will not result in any significant adverse impacts to the environment; and
WHEREAS, the Town Board now desires to authorize the Project and the financing of the cost thereof.
NOW, THEREFORE BE IT RESOLVED ON DECEMBER 10, 2018 BY THE TOWN BOARD OF THE TOWN OF PERU, CLINTON COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Board), AS FOLLOWS:
Section 1. The undertaking of the Project at a maximum estimated cost of $4,030,070, 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 includes the issuance of up to $4,030,070 of serial bonds, or any bond anticipation notes in anticipation of the issuance and sale of the bonds, which are hereby authorized to be issued pursuant to the Local Finance Law, the levy of a tax to pay the bonds and the interest thereon and the application, if and when available, of state and/or federal assistance available or to any revenues available for such purpose from any other source. Undertaking the Project is hereby approved. The bonds and notes authorized hereby may be issued to the United States Department of Agriculture, Office of Rural Development, or any of its related offices or agencies, the New York State Environmental Facilities Corporation under any of its revolving fund programs or any purchaser in accordance with the provisions of the Local Finance Law.
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. There shall be annually apportioned and assessed upon the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on such obligations as the same become due, but if not paid from such source, all of the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amounts sufficient to pay the principal of and interest on the Bonds as the same shall become due. 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. The notes authorized herein are issued in anticipation of bonds for an assessable improvement.
Section 5. The Town Supervisor is hereby further authorized, at his sole discretion, to execute all agreements, certificates 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 and such authorization is intended to include authority to enter into and execute on behalf of the Town all agreements, certificates and instruments required in connection with financing the Project costs.
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:
- Pursuant to paragraph 4 of Section 11.00 of the Local Finance Law (i) the period of probable usefulness of the Project is forty (40) years; and
- 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
- The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.
Section 8. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were 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. 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 expenditures from the General Fund 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 such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the District’s “official intent” within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein.
Section 9. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Peru, Clinton 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 10. 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 11. 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 mailing, 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 12. The law firm of Trespasz & Marquardt, LLP is hereby appointed bond counsel to the Town in relation to the issuance of the obligations authorized herein.
Section 13. The validity of such bonds and bond anticipation notes may be contested only if:
- Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
- 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
- Such obligations are authorized in violation of the provisions of the Constitution.
Section 14. The Bond Resolution adopted by the Town Board on January 23, 2017 authorizing the acquisition, construction and reconstruction of town sewer facilities at an estimated maximum cost of $4,030,070 is hereby amended and restated to reflect to provisions set forth herein.
Section 15. 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 (attached hereto as FORM OF NOTICE).
WHEREFORE, the foregoing Resolution was put to a vote of the members of the Town Board of the Town this December 10, 2018, the result of which vote was as follows:
| Councilman | Voting |
| Brandy McDonald | x |
| James Douglass | x |
| Jim Langley | x |
| Mel Irwin | x |
| Richard Barber Jr. | x |
Ayes 5 Nays 0
DATED: December 10, 2018
CERTIFICATE
I, the undersigned Town Clerk of the Town of Peru, Clinton County, State of New York, HEREBY CERTIFY:
That I have compared the annexed extract of the minutes of a meeting of the Town Board of said Town including the resolution contained therein, held on December 10, 2018 with the original thereof on file in my office, and that the same is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that all members of the Town Board had due notice of said meeting.
I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law) proper notice was given relative to said meeting and said meeting was open to the general public.
I FURTHER CERTIFY, that, prior to the time of said meeting I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows:
Press RepublicanNovember 16, 2018
I Further Certify that prior to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates:
Designated Location(s) of Posted Notice
Bulletin Board – Town Hall November 16, 2018
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Town of Peru, Clinton County, New York, this 12th day of December, 2018.
Dianne Miller, Town Clerk
Court Building Ban
Ms. Barber stated that Ben Maslona from Fiscal Advisors needed to know whether the ban was going to be rolled over or paid off. The principal of $5000.00 and interest needs to be paid in January 2019 to roll over the BAN.
Motion by Mr. Langley; Second by Mr. Irwin to pay $5000.00 principal payment and interest to rollover the BAN.
Mr. Langley highly recommended Mr. Bosley for the position of member of the Zoning Board of Appeals. Mr. Langley mentioned also that he could not say enough good things about Mr. Bosley and his dealing with people.
RESOLUTION NUMBER: 18.12.10.4
A RESOLUTION APPROVING THE APPOINTMENT OF JAMES BOSLEY TO THE TOWN ZONING BOARD OF APPEALS
MOTION: Mr. Langley SECOND: Mr. Douglass
WHEREAS, The Peru Town Zoning Board of Appeals has recommended that James Bosley be appointed to fill the Zoning Board of Appeals seat vacated by Duane Bast through December 31, 2019
THEREFORE, BE IT
RESOLVED, the Peru Town Board agrees with the recommendation of the Zoning Board of Appeals and appoints James Bosley to complete the term of the seat vacated by Duane Bast through December 31, 2019.
AND, BE IT
RESOLVED, that this Resolution shall take effect immediately.
| Roll Call: | YES | NO | |
| James Douglass | x | ||
| Mel Irwin | x | ||
| James Langley Jr. | x | ||
| Richard Barber Jr. | x | ||
| Brandy McDonald | x |
Carried:
Ayes 5 Nays 0
IT Recommendations
Patrick Garsow from Northeastern Computer made recommendations for upgrades to computers, websites and printers. The board will consider these options.
Other Business
Mr. Guynup reported a new printer for the zoning vehicle has arrived and allows to print onsite for inspections.
Ms. Barber reported Logics payroll went live 2 weeks ago with only limited issues.
Ms. Barber also stated the Youth Bureau voucher was not due November 1, 2018 as previously stated by Mr. Flynn. The voucher was due December 15, 2018 and has been filed properly and prior to due date.
Discussion on generator purchase for town hall for when there is a power outage for individuals that need electricity to operate medical equipment as recommended by the Office of Emergency Services.
Motion by Mr. Douglass second by Mr. Langley to adjourn meeting at 7:47 PM to go into Executive Session. No decision will be made.
Motion by Mr.Langley second by Mr. Barber to return to regular meeting at 8:06 PM
Public Comments on Agenda Items Only
None
Motion b Mr. Irwin second by Mr. Barber to adjourn the regular meeting at 8:07 PM.
Ayes Nays 0
___________________________Supervisor ____________________________Councilman
___________________________Councilman ___________________________Councilman
________________________Councilman
Posted: January 3rd, 2019 under Town Board News.