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Village Board Agenda

     





BOARD OF TRUSTEES

VILLAGE OF ATTICA

ATTICA, NY

 

AUGUST 15, 2017

MUNICIPAL BUILDING

7:00 P.M.

REGULAR MEETING

ADMINISTRATIVE RECOMMENDATIONS

 

I.             Call to Order

 

                Present:

 

                Others Present:

               

II.            Recommended Action:

 

              A.  Routine Matters

            1) Approve minutes of regular meeting of 07/18/17                                                                            Enc. 1

                                                                                                       

Recommended Action: that the minutes of regular meeting of July 18, 2017 be approved as presented.

               

                Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

                Appointment of Zoning Board of Appeals Member

Recommended Action: that the Village board extends the appointment of the following member to the zoning board of appeals:

Jennifer Baldwin – 8/15/2017 - three year term

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

Approve Claims                                                                                                                                       Enc. 2

Recommended Action: that the following claims be approved and the Clerk instructed to draw checks therefore: 

General Fund claims in the amount of $               80,836.39 as set forth in Abstract #3

Water Fund claims in the amount of $32,826.35 as set forth in Abstract #3

Sewer Fund claims in the amount of $32,435.02 as set forth in Abstract #3

               

                Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

                Bill Colvenbach – Flag on Village property

 

                Michael St. Pierre – use of reservoir    

 

COMMITTEE REPORTS

 

                       PUBLIC SAFETY

 

                       DPW

 

                       PLANNING BOARD

 

                       VILLAGE ADMINISTRATOR

 

                B.  Old Business

 

                C.  New Business

 

 

2017-93 Collection of Back taxes

Recommended Action: that the Village Board adopts the following resolution:

WHEREAS, Wyoming County adopted Local Law No. 12 of the year 1994 Providing for the Collection of Certain Delinquent Village Taxes by the County of Wyoming, and

WHEREAS, any village lying within the County of Wyoming may elect each year to have its delinquent Village taxes collected by the County of Wyoming in accordance with Section 1442 of the Real Property Tax Law of the State of New York, and

WHEREAS, any village must request by resolution to have the County of Wyoming collect back taxes, said resolution to be adopted each year and a certified copy filed with the County Treasurer and the Clerk of the Board of Supervisors by October 1 of the same year,

NOW, THEREFORE, Be It Resolved, that the Village of Attica elects to have it delinquent Village taxes collected by the County of Wyoming and that such list of unpaid taxes and certificate of delinquencies will be prepared and delivered to the Real Property Tax Department by November 15th.           

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

2017-94 Approve bank reconciliation report from treasurer for July 2017.

Recommended Action: that the Village approves the bank reconciliation report from the Treasurer for the month ending July 2017.

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

2017-95 WWTP improvements Bond/BAN Resolution

Recommended Action: that the Village adopts the following resolution:

BOND RESOLUTION DATED AUGUST 15, 2017 OF THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF ATTICA, NEW YORK, AUTHORIZING GENERAL OBLIGATION SERIAL BONDS TO FINANCE SEWER SYSTEM CAPITAL IMPROVEMENTS WITHIN THE VILLAGE, AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES IN CONTEMPLATION THEREOF, THE EXPENDITURE OF SUMS FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

 

WHEREAS, the purpose hereinafter described consists of sewer system capital improvements authorized to be undertaken by the Village Board of Trustees pursuant to the Village Law;

 

WHEREAS, on November 15, 2016, the Village Board of Trustees has heretofore duly determined that the purpose hereinafter described constitutes a “type II” action under the State Environmental Quality Review Act of the State of New York and the applicable regulations thereunder (“SEQRA”) which will not result in any significant adverse environmental impacts and such purpose is not subject to any further environmental review under SEQRA; now therefore, be it

 

RESOLVED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF ATTICA, NEW YORK (hereinafter referred to as the “Village”), by the favorable vote of not less than two-thirds of all of the members of such Board, as follows:

 

Section 1.               The Village of Attica shall undertake the construction of sewer system improvements, including, without limitation, essential improvements to the primary digester at the wastewater treatment plant, including the replacement of piping, fixtures, equipment and appurtenances and the rehabilitation of the primary digester vessel, and the acquisition of original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery or apparatus, and other incidental improvements that may be required in connection therewith for such construction and Village use (hereinafter referred to as “purpose”), and general obligation serial bonds in an aggregate principal amount not to exceed $400,000 and bond anticipation notes in anticipation thereof (and renewals thereof) of the Village are hereby authorized to be issued to finance said purpose, and said amount is hereby appropriated therefor.

 

Section 2.               The estimated aggregate maximum cost of said purpose, including preliminary costs and costs incidental thereto and costs of the financing thereof, is estimated to be $400,000.  The plan for financing of said purpose is to provide all of such maximum cost by issuance of bonds or bond anticipation notes as herein authorized, to be offset and reduced dollar for dollar by the amount expended (prior to any issuance of obligations for the costs paid by such expenditures) from capital reserve funds, and from the amount of grants received, if any.

 

Section 3.               It is hereby determined and declared that (a) said purpose is one of the class of objects or purposes described in Subdivision 4 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is thirty (30) years, (b) the proposed maximum maturity of said bonds authorized by this resolution will be in excess of five years, (c) current funds required to be provided prior to the issuance of the bonds or notes herein authorized, pursuant to Section 107.00 of the Local Finance Law, to the extent applicable, if any, will be provided, (d) the notes herein authorized are issued in anticipation of bonds for an assessable improvement, and (e) there are presently no outstanding bond anticipation notes issued in anticipation of the sale of said bonds.

 

Section 4.               The bonds and notes authorized by this resolution shall contain the recital of validity prescribed in Section 52.00 of the Local Finance Law and such bonds and notes shall be general obligations of the Village and all the taxable real property in the Village is subject to the levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount, subject to statutory limitations, if any.

 

Section 5.               It is hereby determined and declared that the Village reasonably expects to reimburse the general fund, or such other fund as may be utilized, not to exceed the maximum amount authorized herein, from the proceeds of the obligations authorized hereby for expenditures, if any, from such fund that may be made for the purpose prior to the date of the issuance of such obligations.  This is a declaration of official intent under Treasury Regulation §1.150-2.

 

Section 6.               The power to further authorize the sale, issuance and delivery of said bonds and notes and to prescribe the terms, form and contents of said bonds and notes, including, without limitation, the consolidation with other issues, the determination to issue bonds with substantially level or declining annual debt service, whether to authorize the receipt of bids in an electronic format, all contracts for, and determinations with respect to, credit or liquidity enhancements, if any, and to sell and deliver said bonds and notes, subject to the provisions of this resolution and the provisions of the Local Finance Law, is hereby delegated to the Village Treasurer, the Village’s chief fiscal officer.  The Village Treasurer and the Village Clerk or Deputy Clerk are hereby authorized to sign by manual or facsimile signature and attest any bonds and notes issued pursuant to this resolution, and are hereby authorized to affix to such bonds and notes the corporate seal of the Village of Attica.

 

Section 7.               The faith and credit of the Village of Attica, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds and notes 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 year.

 

Section 8.               After compliance with Section 9 hereof, this resolution shall be published in full by the Village Clerk of the Village of Attica together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in each official newspaper of the Village, in the manner prescribed by law.  The validity of said bonds and bond anticipation notes issued in anticipation of the sale of said serial bonds, may be contested only if such obligations are authorized for an object or purpose for which said Village 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 (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.

 

Section 9.               This resolution is subject to a permissive referendum of the qualified electors of the Village of Attica, pursuant to Section 36.00 of the Local Finance Law.

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

2017-96 Training for Police Officers

Recommended Action: that the Village Board approves the attendance of Chief Hendershott, Officer Andre, Officer Zufall and Officer Fleiss to attend the “search warrant preparation training” course on November 1 & 2 at Genesee Community College.  There is no charge for this training.      

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

2017-97 Training for Court Clerk Kate Edwards

Recommended Action: that the Village Board approves the attendance of Kate Edwards to the Annual Fall Conference in Ellicottville on September 24-27th.  Registration fee is $40.      

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

 

 

2017-98 Part time Police appointments

Recommended Action: that the Village appoints Adam D Kuhn and Jonathan D Becker as a part time Police officers.

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

2017-99 Sewage Treatment plant primary digester improvements bid award

Recommended Action: that the Village board approves the low bidder John W Danforth Company, for the primary digester improvements. 

 

John W Danforth Company -  $346,700

Villager Construction -            $512,620

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

2017-100 Change Local Law Section 27-2 & 27-6 Violations and Penalties

Recommended Action: that the Village board approves the fine change in local law section 27-2 from $25 to $250, and also in Section 27-6 from $5 to $250.

 

Roll Call:                  Prusak                     Montford                    Durfee                 Walker

 

 

 III.          INFORMATION

1.       Justice report                                                                                              

2.       Bank Balance                                                                                Enc. 3

3.       Treasurers report                                                                                        Enc. 4

 

ADJOURNMENT

                Recommended Action: that the Board of Trustees adjourn the meeting at _____P.M.

 

                Roll Call:                  Prusak                     Montford                    Durfee                 Walker


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