VILLAGE OF WEST CARTHAGE
BOARD OF TRUSTEES
Special Meeting
April 3rd, 2017
A special meeting of the West
Carthage Village Board of Trustees was held April 3rd, 2017 at 10:00 a.m. at
the West Carthage Municipal
Building. Said building
is declared smoke free and accessible to handicapped persons. The press was
informed of the meeting and notice was posted.
Present: Mayor Scott Burto,
Deputy Mayor Scott Sullivan, Trustee Jim Smith,Trustee Mike Bigness,
Excused: Trustee Rob Peluso
Guests: E. Avallone
On a motion by S. Sullivan,
seconded by J. Smith, the request by Amanda Gump to use the community room with
fees waived for a fishing derby meeting on Tuesday, April 4th was
unanimously approved.
On a motion by M. Bigness,
seconded by S. Sullivan, a public hearing regarding the 2017/2018 village
budget was set for April 10th, 2017 at 6:00 p.m.
Mayor Burto gave an update on
the sewer bonding. He spoke to Wayne on
Friday and presented the language that the clerk asked be included in the
proposed Memorandum of Understanding.
The language would protect Village of West Carthage residents in the
event that Carthage Specialty Paper does not make debt or operation and
maintenance payments. In that event, and
in the event that the WPCF sewer fund does not have enough funds to cover the
payment, the payment schedule would be based on each village’s usage. If CSP eventually paid the amount due, it
would be refunded using the same percentages paid to each village. We are waiting to hear from Wayne to see if
they will agree to include the language.
Debi Pierce met with the Carthage clerk and agreed, if the West Carthage
Board approves, to the rest of the MOU.
On a motion by M. Bigness,
seconded by S. Sullivan, to enter into executive session to discuss a personnel/litigation
issue and an additional litigation issue at 10:26 a.m.
Regular session resumed at
10:44 a.m.
On a motion by J. Smith,
seconded by S. Sullivan, the clerk was directed not to levy the remaining
unpaid O&M charges due from Carthage Specialty Paper to the unpaid sewer
and water re-levies. CSP has been making
weekly payments but Pat Purdy will not sign the agreement that was proposed by
Attorney Burroughs.
On a motion by J. Smith,
seconded by S. Sullivan, the clerk was authorized to ask Attorney Ferrara to
assist the village with 2 personnel issues to include mileage, legal fees and
travel expenses.
Mayor
Burto received a phone call from Wayne McIlroy during executive session. He stepped out and took the call. Wayne indicated that the village of Carthage
will agree to the language West Carthage asked to be included in the MOU. Mayor Burto called Elaine Avallone and asked
if she wished to come back to the meeting or be put on speakerphone for a
discussion/vote on the bond resolution.
Mayor Burto placed her on speakerphone.
Based on satisfactory language being added to the MOU, on a motion by J.
Smith, seconded by S. Sullivan, the following bond resolution was passed based
on a roll call vote: Trustee Smith –
aye, Trustee Bigness – aye, Deputy Mayor Sullivan – aye, Mayor Burto –
aye. Passed unanimously.
RESOLUTION
At a
regular/special meeting of the Village Board of the Village of West Carthage
held at 61 High Street, in said Village on the 3rd day of April, 2017 at 10:00
a.m., prevailing time.
The
meeting was called to order by Mayor Burto and upon roll being called, the
following were:
PRESENT: Scott Sullivan, Deputy Mayor
Michael
Bigness, Trustee
James Smith,
Trustee
Scott Burto,
Mayor
ABSENT:
Robert
Peluso, Trustee
The following resolution was offered
by Trustee Smith, who moved its adoption, seconded by Trustee Sullivan, to wit:
BOND
RESOLUTION DATED April 3, 2017
A
RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS NOT EXCEEDING $8,260,000
FOR THE VILLAGE OF WEST CARTHAGE SHARE OF MUNICIPAL WASTEWATER IMPROVEMENTS
PROJECT FOR THE VILLAGE OF CARTHAGE/WEST CARTHAGE WASTEWATER POLLUTION CONTROL
FACILITY WHICH PROJECT HAS A TOTAL COST OF $11,800,000.
BE IT RESOLVED, by the Village Board
of the Village of West Carthage, Jefferson County, New York, as follows:
Section 1.
The Municipal Wastewater Improvements Project for the Village of
Carthage/West Carthage Wastewater Pollution Control Facility is in the best
interest of the residents of the Village of West Carthage. The maximum estimated cost of such specific
objects or purposes as determined by the engineers hired by the Village is
$11,800,000. The Village of West Carthage
share is 70% or $8,260,000.
Section 2.
It is hereby determined that the period of probable usefulness of the
aforesaid for such specific objects or purposes for the Municipal Wastewater
Improvements project for the Village of Carthage/West Carthage Wastewater
Pollution Control Facility is forty (40) years; pursuant to subdivision (a)(4)
of Section 11.00 of the Local Finance Law.
It is further determined that no down payment is required pursuant to
Section 107(d)(3)(d) of the Local Finance Law.
Section 3.
The plan for the financing the Village of West Carthage share for such
specific objects or purposes such estimated cost is by the issuance of serial
bonds not exceeding $8,260,000 of said Village, and the same is hereby
authorized to be issued therefor pursuant to the Local Finance Law and shall be
repayable over a term in excess of five years.
Section 4.
The faith and credit of the Village of West Carthage, Jefferson County,
New York is hereby irrevocably pledged for the payment of the principal of and
interest on such bonds as the same respectively become due and payable. Annual sewer rents shall be made in each year
sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year. There shall
annually be levied on all sewer users of said Villages, sewer rents sufficient
to pay the principal of and interest of such bonds as the same become due and
payable.
Section 5. All
other matters, except as provided herein relating to such obligations,
including determining whether to issue such obligations having substantially
level or declining annual debt service and all matters related thereto,
prescribing whether to manual or facsimile signatures shall appear on said
obligations, prescribing the method for the recording of ownership of said
obligations, appointing the fiscal agent or agents for said obligations,
providing for the printing and delivery of said obligations (and if said bond
are to be executed in the name of the Village by the facsimile signature of its
Village Treasurer), including the consolidation with other issues, shall be
determined by the Village Treasurer. It
is hereby determined that it is to the financial advantage of the Village not
to impose and collect from registered owners of such obligations 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 obligations 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
Village Treasurer shall determine.
Section 6.
The validity of such bonds and bond anticipation notes may be contested
only if:
(1) Such obligations are authorized for an
object of purpose for which said Village
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 of proceeding contesting such
validity is commenced within twenty (20) days after the date of such
publication, or
(3)
Such obligations are authorized in
violation of the provisions of the Constitution.
Section 7.
Upon this resolution taking effect, the same be published in full in the
Watertown Daily Times, the official newspaper of said Village, for such
purpose, together with a notice of the Village Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
Section 8.
This resolution is subject to permissive referendum.
Section 9. This
amended resolution shall constitute a statement of official intent for the
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.
The question of the adoption of the
foregoing resolution was duly put to a vote on roll call, which resulted as
follows:
Trustee Smith Voting Aye
Trustee Bigness Voting Aye
Deputy Mayor Sullivan Voting Aye
Mayor Burto Voting Aye
DATED: April 3rd, 2017
West Carthage, New York
CERTIFICATION
STATE
OF NEW YORK )
) ss:
COUNTY
OF JEFFERSON )
I, Deborah Pierce, the undersigned
Clerk of the Village of West Carthage, Jefferson County, New York, DO HEREBY
CERTIFY:
That I have compared the foregoing
extract of the minutes of a meeting of the Village Board of said Village
including the resolution contained therein, held on the 3rd day of April 2017,
with the original thereof on file in my office, and that the same is a true and
correct transcript therefrom and of the whole of said original so far as the
same relates to the subject matters therein referred to.
I
FURTHER CERTIFY that all members of said Board had due notice of said
meeting.
I
FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open
Meetings Law), 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 newspaper and/or other news media as follows:
Newspaper
and/or other News Media Date
Given
Carthage Republican Tribune 3/31/2017
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 on the following date:
Designated
Location
of
Posted Notice Date of Posting
61
High Street, West Carthage
Village
Bulletin Board 3/31/2017
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the seal of said Village this 3rd day of April, 2017.
Deborah
Pierce, Village Clerk
On a motion by R. Peluso, seconded by J. Smith,
the meeting concluded at10:44 a.m. with no further business being necessary.
Deborah J. Pierce
Village Clerk/Treasurer
