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Public Hearing held May 27, 2009, at 5:00 P.M. at the Town Hall, Schroon Lake N. Y. Present: Supervisor: Cathy Moses Councilpersons: Roger Friedman, Ed Haroff, Clara Phibbs and Mark Whitney Town Clerk: Patricia Savarie 5:00 P.M. PUBLIC HEARING ON PROPOSED WASTEWATER PROJECT Supervisor Moses called the Public Hearing to order at 5:00 P.M. with a Pledge to the Flag. Councilman Haroff made a motion to dispense with the reading of the Public Hearing Notice, seconded by Councilwoman Phibbs; carried. Supervisor Moses stated that the Public Hearing was to answer any questions regarding the improvements to the facilities of Sewer District No. 1 in the Town of Schroon. The estimated cost of the project will be $4,340,413.00 and will only happen if there is grant money available. Supervisor Moses stated that there are three money options they are looking into, Rural Development, Essex County IDA and the stimulus money that’s out there. Councilman Whitney offered the floor to the Wastewater Treatment Plant Operator, Jim Roblee. Councilman Whitney asked Jim what he thought of the project, Jim stated that sooner or later the Town would have to take care of the problems and the longer you wait the more it will cost the taxpayers. Councilman Whitney also wanted to know if there was an emergency plan in place if the sewer line collapsed and Jim stated that yes we can bypass that area and that the Town has had an emergency plan for sometime now and that there would be no health issues. Supervisor Moses closed the Public Hearing at 5:17 P.M.
Special Town Board Meeting held May 27, 2009, at 5:18 P.M. at the Town Hall, Schroon Lake N. Y. Present: Supervisor: Cathy Moses Councilpersons: Roger Friedman, Ed Haroff, Clara Phibbs and Mark Whitney Town Clerk: Patricia Savarie Resolution #128 Bond Resolution Councilman Friedman moved a resolution to accept the Bond Resolution for the increase and improvement of Facilities of Sewer District No.1 in the Town of Schroon, seconded by Councilman Haroff; carried. BOND RESOLUTION At a regular meeting of the Town Board of the Town of Schroon, Essex County, New York, held at the Town Hall, in Schroon Lake, New York, in said Town, on the 27th day of May, 2009, at 5:18 o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor Moses, and upon roll being called, the following were PRESENT: Supervisor Cathy Moses Councilman Friedman, Councilman Haroff, Councilwoman Phibbs and Councilman Whitney The following resolution was offered by Councilman Friedman who moved its adoption, seconded by Councilman Haroff to wit: BOND RESOLUTION DATED MAY 27, 2009. A RESOLUTION AUTHORIZING THE ISSUANCE OF $4,340,413 BONDS OF THE TOWN OF SCHROON, ESSEX COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE SEWER DISTRICT NO. 1, IN THE TOWN OF SCHROON, ESSEX COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202 b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Sewer District No. 1, in the Town of Schroon, Essex County, New York, at a maximum estimated cost of $4,340,413; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schroon, Essex County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Sewer District No. 1, in the Town of Schroon, Essex County, New York, consisting of the construction of improvements to and reconstruction of wastewater collection and treatment system, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $4,340,413 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $4,340,413 and that the plan for the financing thereof is by the issuance of the $4,340,413 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Schroon, Essex County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such 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 bonds becoming due and payable in such year. To the extent not paid from monies raised from said Sewer District No. 1 as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. 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 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, 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 in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. 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 such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Cathy Moses VOTING Aye Councilman Friedman VOTING Aye Councilman Haroff VOTING Aye Councilwoman Phibbs VOTING Aye Councilman Whitney VOTING Aye The resolution was thereupon declared duly adopted. Resolution #129 Temporary Laborer at Highway Garage Councilman Whitney moved a resolution to hire Donald Fish as a temporary laborer at the Highway Garage at the rate of $9.49 an hour, seconded by Councilman Haroff; carried. Seagle Colony Sign Councilwoman Phibbs moved to table the discussion on the Seagle Colony Sign until there was more information from DOT, seconded by Councilman Haroff; carried. Golf Course Instructor Councilman Haroff moved to table the discussion on hiring a Golf Course Instructor until the Board knows what the last instructor was paid in 1997, seconded by Councilman Whitney; carried. Board Comments Councilman Whitney stated that there would be a Cyber Security Conference coming up in Albany on June 4, 2009 and he would be attending it. There will be a Workshop in Lake Placid on June 3, 2009 at 2:00 P.M. with Honeywell about Community Energy Management. Councilman Friedman moved to adjourn at 5:45 P.M., seconded by Councilman Haroff; carried. Executive Session Councilman Whitney moved to go into Executive Session at 5:47 P.M. to discuss personnel issues relating to Workman’s Compensation, seconded by Councilman Friedman; carried. Councilman Whitney moved to come out of Executive Session at 6:02 P.M., seconded by Councilman Friedman; carried. I, Patricia J. Savarie, do hereby certify the foregoing to be a true and correct transcript from the minutes now on file in my office and of the whole such original minutes.
Patricia J. Savarie - Town Clerk
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