SPECIAL TOWN BOARD MEETING
Sewer District No. 2
Continued Public Hearing
OCTOBER 17, 2006
6:30 PM
Supervisor Belden opened the meeting at 6:30 pm.
Members present: Supervisor Belden E. Frasier
R. Gladu A. Steitz
T. LaPointe
Also present: Dominick Viscardi, Town Attorney
Vern Ingraham, Clough Harbour Engineer
William Lamy, WC Sewer Administrator
Pledge Allegiance
Supervisor Belden welcomed the guest and asked everyone if they had any additional comments on proposed Sewer District No. 2. There were no comments.
Motion by A. Steitz, seconded by R. Gladu to close Public Hearing on Sewer District No. 2 at 6:05 pm. AYES: Supervisor Belden, A. Steitz, R. Gladu, E. Frasier, and T. LaPointe. Motion carried.
RESOLUTION #76 OF 2006
TOWN OF HAGUE
SEWER DISTRICT NO. 2 NEPA & APA COMPLIANCE
RESOLUTION INTRODUCED BY A. Steitz, SECONDED BY E. Frasier
WHEREAS, the Town Board intends to establish Sewer District No. 2 and install a low pressure sewer to extend sewer service to dwellings along Lake George both to the north and south of the existing Sewer District No. 1, and
WHEREAS, the proposed action will require approval by the Adirondack Park Agency in compliance with the Adirondack Park Agency Act and furthermore must comply with the National Environmental Policy Act (NEPA) to receive funding from the U.S. Environmental Protection Agency (EPA); and
WHEREAS, the Town Board has directed Clough Harbour & Associates LLP to prepare all necessary documentation to achieve compliance with APA and NEPA requirements; and
WHEREAS, Clough Harbour & Associates LLP has prepared the APA permit application and an Environmental Assessment pursuant to NEPA and has provided same to the Town Board;
NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the submittal of the APA permit application to the APA and the NEPA Environmental Assessment to the EPA and Warren County for their review.
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, A. Steitz, E. Frasier, T. LaPointe, and R. Gladu.
NAYS: None. Motion carried.
RESOLUTION #77 OF 2006
TOWN OF HAGUE
SEWER DISTRICT NO. 2 SEQR COMPLIANCE
RESOLUTION INTRODUCED BY E. Frasier, SECONDED BY T. LaPointe
WHEREAS, the Town Board intends to establish Sewer District No. 2 and install a low pressure sewer to extend sewer service to dwellings along Lake George both to the north and south of the existing Sewer District No. 1, and
WHEREAS, the Town Board determined that this is a Type I action pursuant to 6 NYCRR 617.4; and
WHEREAS, the Town Board has prepared a Full Environmental Assessment Form (EAF); and
WHEREAS, the Town Board has conducted coordinated review with involved agencies and intends to serve as Lead Agency in accordance with 6 NYCRR 617.6 and received no objection from the involved agency as to the Town Board acting as Lead Agency;
NOW, THEREFORE BE IT RESOLVED, that the Town Board declares itself Lead Agency pursuant to 6 NYCRR 617.6; and
BE IT FURTHER RESOLVED that the Town Board, serving as Leading Agency, has determined that the project will not have any significant impacts on the community and environment shall issue the attached Negative Declaration.
Duly adopted by the following vote:
AYES: Supervisor Belden, E. Frasier, T. LaPointe, R. Gladu, and A. Steitz.
NAYS: None. Motion carried.
Miles Peterson questioned the number of EDU’s that were identified in the resolution No. 78. Should this number be updated to 151 EDU’s. Certain properties should have been changed based on the Sewer User Schedule.
Attorney Viscardi and Vern Ingraham explained that the process will be that before the Town of Hague bills for Sewer District No. 2, the Board needs to clarify the EDU’s for the District. Once this is completed, this new list will be passed by resolution. This process should be completed yearly.
RESOLUTION #78 OF 2006
RESOLUTION FORMALLY ESTABLISHING SEWER DISTRICT NO. 2.
RESOLUTION INTRODUCED BY E. Frasier, SECONDED BY A. Steitz.
WHEREAS, the Town of Hague owns and operates a public treatment system and plans to construct a collection system known as Sewer District No. 2 Facilities that will serve the areas of Hague; and
WHEREAS, the Town of Hague is interested in providing sewer services to as many residents as possible and in the most cost effective manner possible to improve the quality of life for town residents; and the town has identified sources of grant funding to install sewer infrastructure that requires the establishment of a sewer district; and
WHEREAS the Town of Hague has initially identified Sewer District No. 2 where public sewer utilities are needed to promote quality of life and protect the natural resources and water quality in and around the Town of Hague; will seek funding to construct the necessary infrastructure within District No. 2 and then contract with the District to operate and maintain the collection systems for the district.
NOW THEREFORE BE IT RESOLVED, that at the Town of Hague, special meeting do hereby find the following facts:
1. There is a demonstrable need for providing in District No. 2 sewer services.
2. The residents of all the territory to be included in District No. 2 will benefit from the District’s creation, and
3.
It is economically feasible to
provide the proposed services in District No. 2 without unreasonable or
burdensome annual tax levies.
NOW THEREFORE BE IT RESOLVED, that at the Town of Hague, special meeting we do hereby establish the Town of Hague Sewer District No. 2, located in the Town of Hague. The district will be divided into two sections immediately to the north and south of Sewer District No. 1. The northern section will terminate at the north end of Forest Bay. The southern section will terminate at Pine Cove Lane. Sewer District No. 2 contains a total of 156 parcels and 141.67 equivalent dwelling units (EDU’s), and is described in the Sewer District No. 2 Map, Plan, and Report dated July 2006. Sewer District No. 2 is created for the purpose of providing public utility to the residents of the district.
Duly adopted by the following vote:
AYES: Supervisor Belden, E. Frasier, A. Steitz, R. Gladu, and T. LaPointe.
NAYS: None.
Motion carried.
Supervisor Belden explained that we possibly might not need a bond council for this project, but if we do the passing of Resolution #79 will have everything in place.
RESOLUTION #79 OF 2006
TOWN OF HAGUE
BOND RESOLUTION
RESOLUTION INTRODUCED BY E. Frasier, AND SECONDED BY T. LaPointe
A RESOLUTION OF THE HAGUE TOWN BOARD DATED OCTOBER 17, 2006, AUTHORIZING THE TOWN OF HAGUE CONSTRUCTION OF SEWER DISTRICT NO. 2 IN AN AMOUNT NOT TO EXCEED $655,000.00, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$655,000.00, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL GRANTS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN OF HAGUE SUPERVISOR.
NOW THEREFORE BE IT RESOLVED, by The Hague Town Board as follows:
SECTION 1. The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the Town of Hague construction of Sewer District No. 2 within the boundary of the aforesaid Sewer District No. 2 including any work preliminary to said Sewer District No. 2 construction, necessary site work, acquisition of apparatus, equipment and other improvements and cost incidental thereto. The maximum cost of said purpose will not exceed $655,000.00 to be offset by any federal, state, and/or local grants to be received.
SECTION 2. The Hague Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $655,000.00 of said $655,000.00, hereby authorized to be issued therefore pursuant to the Local Finance Law. The cost of such improvement is to be paid by the receipt of grants and loans from the federal, state, and/or local government, and levy and collection of taxes on all real property in the aforesaid Sewer District No. 2 to pay the principal of said bonds and the interest thereon as the same shall become due and payable.
SECTION 3. It is hereby determined that said purpose is an object or purpose 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 forty (40) years.
SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.
SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.
SECTION 6. The faith and credit of said Town of Hague 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. There shall annually be levied on all the taxable real property of said Sewer district No. 2 a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board of the Town of Hague pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, for and contents and as to the sale and issuance of the bonds herein authorized and of any bonds anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town of Hague Supervisor, the chief fiscal officer of the Town.
SECTION 8. The expected source of funds to be used initially to pay for up to $655,000.00 of the expenditures authorized by Section 1 of this resolution shall be from money held in various accounts of the Sewer District No. 2. The Town of Hague then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 2 of this resolution. This resolution shall constitute the declaration of the Sewer district No. 2 “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulation Section 1.150-2.
SECTION 9. The Town of Hague Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265 (b)(3)(B)(i) of the Code.
SECTION 10. The Town of Hague Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
SECTION 11. The Town Board of the Town of Hague has determined that this project will not have an impact on the environment, and therefore, no further action under the State Environmental Quality Review Act is necessary.
SECTION 12. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
1. (a) Such obligations are authorized for an object
or purpose for which the Town of Hague is not authorized to expend money, or
(b) 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
2. Said obligations are authorized in violation of the provisions of the Constitution of New York.
SECTION 13. This Resolution is effective immediately pursuant to Section
36.00(a)(5) of the Local Finance Law.
SECTION 14. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially form provided by Section 81.00 of said Local Finance Law, in a newspaper having general circulation in the Town and hereby designated as the official newspaper of the Town for such publication.
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, E. Frasier, T. LaPointe, A. Steitz, and R. Gladu.
NAYS: None.
Motion carried.
Bill Lamy explained that the approval process will take at least 3 to 4 months. Once this process is completed we can prepare to go out to bid, possible in the spring of 2007.
Motion by E. Frasier, seconded by R. Gladu to convene into executive session to discuss legal/personnel at 7:00 pm. All voting yes. Motion carried.
Motion by E. Frasier, seconded by A. Steitz to reconvene to regular session at 7:30 pm. All voting yes. Motion carried.
The Board reviewed the Attorney’s budget for 2007.
Motion by E. Frasier, seconded by A. Steitz to pay the Town Attorney a annual fee of $20,500.00 for 2007. The Attorney will receive and additional $150.00 per hour for attending any town meetings. AYES: Supervisor Belden, E. Frasier, A. Steitz, R. Gladu, and T. LaPointe. Motion carried.
Motion by R. Gladu, seconded by E. Frasier to adjourn meeting at 7:35 pm. All voting yes. Motion carried
Restfully submitted,
Deborah F. Manning